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 .
Response to Amendment
The amendments filed 1st October 2025 have been entered. Claims 1-20 are pending. Applicants amendments to the claims have overcome all claim objections and rejections under 35 U.S.C. § 112(b) that were previously applied in the office action dated 1st July 2025.
Response to Arguments
Regarding Applicant’s arguments regarding the rejection under 35 U.S.C. § 101, Applicant argues that the claims, as amended, recite features directed to an improvement to the fields of remote medical diagnostics, public health surveillance, and efficient data collection on a mobile device. The argued improvement is alleged to be shown in the claims via the amended language of “… extract the movement location information and the movement time information from a text message related to payment received via a mobile communication network through a mobile transceiver within the wireless transceiver”. Applicant argues the improvement to be more efficient in terms of power consumption and processor usage compared to continuous GPS polling by enabling the collection of valuable location and time data without the significant battery drain associated with conventional tracking methods. Applicant further argues the improvement to be the quality of collected data via payment related text messages which can contain precise, timestamp location information that can be more accurate and contextually relevant for contact tracing than other types of location information. Applicant further argues that the improvement is shown in providing a new technical workflow, arguing that the claim language recites a specific cause and effect workflow that is technical in nature, in which a positive diagnosis result received from a server triggers a specific data collection module that parses a specific data type to solve the problem of gathering movement history.
It is important to note that according to MPEP 2106.05(a), the judicial exception alone cannot provide the improvement. The improvement can be provided by one or more additional elements. See the discussion of Diamond v. Diehr, 450 U.S. 175, 187 and 191-92, 209 USPQ 1, 10 (1981)) in subsection II, below. In addition, the improvement can be provided by the additional element(s) in combination with the recited judicial exception. See MPEP § 2106.04(d) (discussing Finjan, Inc. v. Blue Coat Sys., Inc., 879 F.3d 1299, 1303-04, 125 USPQ2d 1282, 1285-87 (Fed. Cir. 2018)). Thus, it is important for examiners to analyze the claim as a whole when determining whether the claim provides an improvement to the functioning of computers or an improvement to other technology or technical field.
The evaluation of whether the claim as a whole integrates the recited judicial exception into a practical application of the exception or whether the claim is ‘directed to’ the judicial exception is performed by identifying additional elements recited in the claim beyond the judicial exception and evaluating those additional elements individually and in combination to determine whether the claim as a whole integrates the exception into a practical application. See MPEP 2106.04(d). The claim recites the additional elements of a terminal comprising a display; a wireless transceiver; a server or a biosensor diagnostic device; a controller and a camera. The claim recites that the controller executes the limitations using the other additional elements listed.
The limitations as underlined in the rejection below are mere data gathering, manipulating and output recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering and output, and, as such, these limitations do not impose any meaningful limits on the claim. These limitations amount to necessary data gathering and outputting. See MPEP 2106.05.
Further, the limitations are executed on one or more controller(s) (a computer) and utilize other additional elements recited above. The controller(s) and other additional element(s) are recited at a high level of generality. The controller(s) and other additional element(s) are used to perform an abstract idea, such that it amounts to no more than mere instructions to apply the exception using a generic computer. See MPEP 2106.05(f).
There is no indication that the claim as a whole includes an improvement to a computer or to a technological field, as a technical explanation of the asserted improvement presented in the specification is not reflected in the claims. See MPEP 2106.04(d)(1).
According to the specification, existing systems for remote monitoring have trouble determining infection status, taking considerable time for information access and inaccurate diagnosis results due to methods using thermal imaging cameras to measure facial temperature. The claimed invention fails to reflect this improvement in the technical field of posture detection. Thus, the claim as a whole does not integrate the judicial exception into a practical application such that the claim is not directed to the judicial exception. The additional elements, when considered in combination, do not integrate the abstract idea into a practical application because the claim does not improve the functioning of a computer or technical field.
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 101
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Each of Claims 1-20 has been analyzed to determine whether it is directed to any judicial exceptions.
Step 2A, Prong 1
Each of Claims 1-20 recites at least one step or instruction for gathering information, analyzing information, transmitting information, collecting data and guiding a user, which are grouped as a mental process under the 2019 PEG or a certain method of organizing human activity under the 2019 PEG.
Accordingly, each of Claims 1-20 recites an abstract idea.
Specifically, Claims 1-20 recite (underlined are observations, judgements, evaluations or opinions, which are grouped as a mental process, mathematical concept, or organizing human activity under the 2019 PEG); (additional elements bolded, see Step 2A, prong 2);
Claim 1
A terminal comprising: a display; a camera; a wireless transceiver configured to perform wireless communication with a server or a biosensor diagnostic device; and a controller configured to: capture a code image of a biosensor cartridge via the camera, in response to receiving the code image captured by the camera, display diagnosis guide information, transmit, via the wireless transceiver, code information based on the code image to the server, and in response to receiving diagnosis result information from the server corresponding to a positive diagnosis result, display a diagnosis result screen comprising the positive diagnosis result and a message for collecting movement location information and movement time information, collect the movement location information and the movement time information and transmit the movement location information and the movement time information to the server, wherein the controller is further configured to, while collecting the movement location information and the movement time information, extract the movement location information and the movement time information from a text message related to payment received via a mobile communication network through a mobile transceiver within the wireless transceiver.
Claim 11
A terminal comprising: a display; a camera configured to capture a code image of a biosensor cartridge; a wireless transceiver configured to perform wireless communication with a server or a biosensor diagnostic; and a controller configured to: in response to receiving the code image of the biosensor cartridge, display diagnosis guide information, receive, via the wireless transceiver, a beacon signal from the biosensor diagnostic device and wirelessly connect to the biosensor diagnostic device based on the beacon signal, receive code information related to the code image from the biosensor diagnostic device, in response to receiving code information from the biosensor diagnostic device matching information related to the code image of the biosensor cartridge, transmit authentication information to the biosensor diagnostic device, and in response to receiving diagnosis result information corresponding to a positive diagnosis result, display a diagnosis result screen comprising the positive diagnosis result and a message for collecting movement location information and movement time information, collect the movement location information and the movement time information and transmit the movement location information and the movement time information to the server, wherein the controller is further configured to, while collecting the movement location information and the movement time information, extract the movement location information and the movement time information from a text message related to payment received via a mobile communication network through a mobile transceiver within the wireless transceiver.
Claim 16
A biosensor system comprising: a biosensor diagnostic device configured to detect a presence of a target material in a specimen; and a terminal comprising: a display configured to display an image; a wireless transceiver configured to perform wireless communication with a server or a biosensor diagnostic device; and a controller configured to: in response to receiving a code image of the biosensor diagnostic device, display diagnosis guide information, transmit, via the wireless transceiver, code information based on the code image to the server, and in response to receiving diagnosis result information corresponding to a positive diagnosis result, display a diagnosis result screen comprising the positive diagnosis result and a message for collecting movement location information and movement time information, collect the movement location information and the movement time information and transmit the movement location information and the movement time information to the server, wherein the controller is further configured to, while collecting the movement location information and the movement time information, extract the movement location information and the movement time information from a text message related to payment received via a mobile communication network through a mobile transceiver within the wireless transceiver.
Further, dependent Claims 2-10, 12-15, and 17-20 merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than generally linking the use of the abstract idea to a particular technological environment or field of use because they’re merely incidental or token additions to the claims that do not alter or affect how the process steps are performed.
Accordingly, as indicated above, each of the above-identified claims recites an abstract idea.
Step 2A, Prong 2
The above-identified abstract idea in each of independent Claims 1, 11, and 16 (and their respective dependent claims) is not integrated into a practical application under 2019 PEG because the additional elements (identified above in independent Claims 1, 11, and 16), either alone or in combination, generally link the use of the above-identified abstract idea to a particular technological environment or field of use. More specifically, the additional elements of: a terminal, a biosensor diagnostic device, a display, a camera, a wireless transceiver, and a controller are generically recited computer elements in independent Claims 1, 11, and 16 (and their respective dependent claims) which do not improve the functioning of a computer, or any other technology or technical field. Nor do these above-identified additional elements serve to apply the above-identified abstract idea with, or by use of, a particular machine, effect a transformation or apply or use the above-identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception. Furthermore, the above-identified additional elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer. For at least these reasons, the abstract idea identified above in independent Claims 1, 11, and 16 (and their respective dependent claims) is not integrated into a practical application under 2019 PEG.
Moreover, the above-identified abstract idea is not integrated into a practical application under 2019 PEG because the claimed method and system merely implements the above-identified abstract idea (e.g., mental process and certain method of organizing human activity) using rules (e.g., computer instructions) executed by a computer (e.g., terminal as claimed). In other words, these claims are merely directed to an abstract idea with additional generic computer elements which do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer. Additionally, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims. That is, like Affinity Labs of Tex. v. DirecTV, LLC, the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution. Thus, for these additional reasons, the abstract idea identified above in independent Claims 1, 11, and 16 (and their respective dependent claims) is not integrated into a practical application under the 2019 PEG.
Accordingly, independent Claims 1, 11, and 16 (and their respective dependent claims) are each directed to an abstract idea under 2019 PEG.
Step 2B
None of Claims 1-20 include additional elements that are sufficient to amount to significantly more than the abstract idea for at least the following reasons.
These claims require the additional elements of: a terminal, a biosensor diagnostic device, a display, a camera, a wireless transceiver, mobile transceiver, a mobile communications network and a controller as recited in independent Claims 1, 11, and 16 (and their respective dependent claims).
The above-identified additional elements are generically claimed computer components which enable the above-identified abstract idea(s) to be conducted by performing the basic functions of automating mental tasks. The courts have recognized such computer functions as well understood, routine, and conventional functions when claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity. See, Versata Dev. Group, Inc. v. SAP Am., Inc. , 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); and OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93.
Per Applicant’s specification, terminal (terminal is described with verbatim claim language that is an apparatus that comprises the rest of the additional elements), display (‘the display device 290 includes a liquid crystal display device’ Para. [127]), biosensor diagnostic device (verbatim claim language that comprises some structural elements), camera (no description), wireless transceiver (Para. [226]), mobile transceiver (Para. [226]; [228]), mobile communications network (Para. [228] no description), and a controller (a processor 670 Para. [225])
Accordingly, in light of Applicant’s specification, the claimed terms terminal, a biosensor diagnostic device, and a controller is reasonably construed as a generic computing device. Like SAP America vs Investpic, LLC (Federal Circuit 2018), it is clear, from the claims themselves and the specification, that these limitations require no improved computer resources, just already available computers, with their already available basic functions, to use as tools in executing the claimed process.
Furthermore, Applicant’s specification does not describe any special programming or algorithms required for the terminal, biosensor diagnostic device, or controller. This lack of disclosure is acceptable under 35 U.S.C. §112(a) since this hardware performs non-specialized functions known by those of ordinary skill in the computer arts. By omitting any specialized programming or algorithms, Applicant's specification essentially admits that this hardware is conventional and performs well understood, routine and conventional activities in the computer industry or arts. In other words, Applicant’s specification demonstrates the well-understood, routine, conventional nature of the above-identified additional elements because it describes these additional elements in a manner that indicates that the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. § 112(a) (see Berkheimer memo from April 19, 2018, (III)(A)(1) on page 3). Adding hardware that performs “‘well understood, routine, conventional activit[ies]’ previously known to the industry” will not make claims patent-eligible (TLI Communications).
The recitation of the above-identified additional limitations in Claims 1-20 amounts to mere instructions to implement the abstract idea on a computer. Simply using a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); and TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Moreover, implementing an abstract idea on a generic computer, does not add significantly more, similar to how the recitation of the computer in the claim in Alice amounted to mere instructions to apply the abstract idea of intermediated settlement on a generic computer.
A claim that purports to improve computer capabilities or to improve an existing technology may provide significantly more. McRO, Inc. v. Bandai Namco Games Am. Inc., 837 F.3d 1299, 1314-15, 120 USPQ2d 1091, 1101-02 (Fed. Cir. 2016); and Enfish, LLC v. Microsoft Corp., 822 F.3d 1327, 1335-36, 118 USPQ2d 1684, 1688-89 (Fed. Cir. 2016). However, a technical explanation as to how to implement the invention should be present in the specification for any assertion that the invention improves upon conventional functioning of a computer, or upon conventional technology or technological processes. That is, the disclosure must provide sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement. Here, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims. Instead, as in Affinity Labs of Tex. v. DirecTV, LLC 838 F.3d 1253, 1263-64, 120 USPQ2d 1201, 1207-08 (Fed. Cir. 2016), the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution.
For at least the above reasons, the apparatus and systems of Claims 1-20 are directed to applying an abstract idea as identified above on a general purpose computer without (i) improving the performance of the computer itself, or (ii) providing a technical solution to a problem in a technical field. None of Claims 1-20 provides meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that these claims amount to significantly more than the abstract idea itself.
Taking the additional elements individually and in combination, the additional elements do not provide significantly more. Specifically, when viewed individually, the above-identified additional elements in independent Claims 1-20 (and their dependent claims) do not add significantly more because they are simply an attempt to limit the abstract idea to a particular technological environment. That is, neither the general computer elements nor any other additional element adds meaningful limitations to the abstract idea because these additional elements represent insignificant extra-solution activity. When viewed as a combination, these above-identified additional elements simply instruct the practitioner to implement the claimed functions with well-understood, routine and conventional activity specified at a high level of generality in a particular technological environment. As such, there is no inventive concept sufficient to transform the claimed subject matter into a patent-eligible application. When viewed as whole, the above-identified additional elements do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claims amount to significantly more than the abstract idea itself. Thus, Claims 1-20 merely apply an abstract idea to a computer and do not (i) improve the performance of the computer itself (as in Bascom and Enfish), or (ii) provide a technical solution to a problem in a technical field (as in DDR).
Therefore, none of the Claims 1-20 amounts to significantly more than the abstract idea itself. Accordingly, Claims 1-20 are not patent eligible and rejected under 35 U.S.C. 101.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9 and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 9 and 19 recite ‘a text message’ and ‘a payment’ and are dependent back to claims 1 and 16 respectively which recite the same terms, making it unclear if the recitations in claims 9 and 19 are meant to refer back to those in claims 1 and 19. For examination purposes they will be treated as if they recite ‘the text message’ and ‘the payment’.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 9 and 19 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 9 and 19 recite the same limitation present in their respective independent claims 1 and 16 and do not further narrow the scope. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
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(s) 1-5, 9, 11-13, 16-17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over US 9805165 B2 to Xiang et al. (hereinafter, Xiang) in view of CA 3175822 A1 to Sparks et al. (hereinafter, Sparks) in view of US 11342051 B1 to Jain et al. (hereinafter, Jain) in view of US 20140052475 A1 to Madan et al. (hereinafter, Madan) in further view of US 20210365445 A1 to Robell et al. (hereinafter, Robell).
Regarding Claim 1, Xiang discloses a terminal comprising: a display (Xiang: Col. 6, lines 10-12 ‘display element, preferably in the form of one or more visually presentable (a) textual data, (b) graphical data, and/or (c) colored indicator light data.’);
a camera (Xiang: Col. 20, lines 34-38 ‘the CCD 208 to take an image... the camera 134 of the electronic device 100 might be used as the detection device.’);
a wireless transceiver configured to perform wireless communication with a server or a biosensor diagnostic device (Xiang: Col. 14, lines 56-64 ‘the communication subsystem 114 networks with an external network 300 which may be a satellite network (e.g., GPS networks), a terrestrial wireless network (e.g., a cellular telephone network, a local wireless network), the Internet, and/or a laboratory and/or hospital information system network…’);
and a controller (Xiang: Col. 12, lines 3-6 ‘a test device processor 216, or CPU capability, onboard the test device 200 to assist with or manage data transfer between the test device 200 and the electronic device 100.’; Col. 22, lines 41-44 ‘once the algorithms 214 are uploaded to the electronic device 100, the electronic device 100 performs key functions which effectively control all, or at least a substantial portion, of the process described herein.’) configured to:
capture a code image of a biosensor cartridge via the camera (Xiang: Col. 17, lines 46-49 ‘The barcode 24 and the test and control lines 26 may preferably, but need not necessarily, be captured in one image by the charge-coupled device (CCD) 208 or by a camera.’; Fig. 2),
in response to receiving the code image captured by the camera, display diagnosis guide information (Xiang: Col. 20, lines 52-56 ‘the test device processor 216 may preferably transmit the test data and/or the test results 412 to the electronic device processor 108—e.g., via a USB interface—for subsequent display to the user by the electronic device display element 112.; Fig. 2),
transmit, via the wireless transceiver, code information based on the code image to the server (Xiang: Col. 21, lines 61-63 ‘In the networking step 536, 636, the electronic device 100 may send the encrypted data 426 to a remote and/or distributed database and/or server.’),
Xiang is silent on in response to receiving diagnosis result information from the server corresponding to a positive diagnosis result, display a diagnosis result screen comprising the positive diagnosis result and a message for collecting movement location information and movement time information, collect the movement location information and the movement time information and transmit the movement location information and the movement time information to the server, wherein the controller is further configured to, while collecting the movement location information and the movement time information, extract the movement location information and the movement time information from a text message related to payment received via a mobile communication network through a mobile transceiver within the wireless transceiver.
However, Sparks teaches in response to receiving diagnosis result information from the server corresponding to a positive diagnosis result, display a diagnosis result screen comprising the positive diagnosis result (Sparks: Pg. 11, lines 20-31; Fig. 19; Pg. 45, line 27-Pg. 46, line 1)
One of ordinary skill in the art at the time the invention was filed would have found it obvious to modify the controller of Xiang by including display of a positive diagnosis result after processing via a server as taught by Sparks to inform the user of the user’s positive diagnosis (Sparks: Pg. 31, lines 22-31).
Jain teaches and a message for collecting movement location information and movement time information, collect the movement location information and the movement time information and transmit the movement location information and the movement time information to the server (Jain Col. 100, lines 12-32; Col. 15, lines 59-61; Fig. 1),
One of ordinary skill in the art at the time the invention was filed would have found it obvious to modify the controller of Xiang to include contact tracing using text messages to identify exposure events, people potentially exposed, and the degree to which people are infected (Jain: Col. 108, line 60-Col. 109, line 8)
Madan teaches wherein the controller is further configured to, while collecting the movement location information and the movement time information, extract the movement location information and the movement time information from a text message received via a mobile communication network through a mobile transceiver within the wireless transceiver, (Madan: Para. [0044]).
One of ordinary skill in the art at the time the invention was filed would have found it obvious to modify the controller of Xiang to be configured to extract location and time information from a text message received as taught by Madan to identify patient risk and assess treatment efficacy (Madan: Para. [0042]).
Robell teaches wherein the text message is related to payment (Robell: Para. [0051]; Para. [0057])
One skilled in the art at the time the invention was filed would have found it obvious to modify the text message of Xiang to be related to payment as taught by Robell in order to enable the process of contact tracing (Robell: Para. [0051]; Para. [0057]).
Regarding Claim 2, Xiang in view of Sparks in view of Jain in view of Madan in further view of Robell discloses the invention as discussed in claim 1. Xiang further discloses wherein the controller is further configured to: in response to the diagnosis result information received from the server corresponding to the positive diagnosis result (Xiang: Fig. 4, item 522), transmit, via the wireless transceiver, personal information and call list information to the server (Xiang: Fig. 4, item 536).
Regarding Claim 3, Xiang in view of Sparks in view of Jain in view of Madan in further view of Robell discloses the invention as discussed in claim 1. Xiang further discloses wherein the code information related to the code image and terminal information of the terminal (Xiang: Fig. 5D, item 408 reader ID) are transmitted together to the server ((Xiang: …automatically transmit the test data, the test results 412, the presentation data 400, and/or the encrypted data 426 for recordal in one or more of the remote and/or distributed databases and/or servers (e.g., laboratory and/or hospital information systems).) Col. 22, lines 13-18).
Regarding Claim 4, Xiang in view of Sparks in view of Jain in view of Madan in further view of Robell discloses the invention as discussed in claim 1. Xiang further discloses wherein the controller is further configured to: after executing a diagnosis application (Xiang: Fig. 5C, item B), activate the camera and capture the code image of the biosensor cartridge through the camera (Xiang: Fig. 5C, item 620).
Regarding Claim 5, Xiang in view of Sparks in view of Jain in view of Madan in further view of Robell discloses the invention as discussed in claim 1. Xiang further discloses wherein the controller is further configured to: after capturing the code image of the biosensor cartridge, sequentially display on the display coupling guide information of the biosensor cartridge, collection solution use information ((Xiang: Prior to the cartridge inserting step, in cartridge preparation steps 611a, 611b, the electronic device 100 may (using its presentation element 110) present instructions to the user concerning preparation of the cartridge 20—e.g., “Take Cartridge” in cartridge preparation step 611a, and “Add Sample” in cartridge preparation step 611b. In the cartridge inserting step 512, 612, the user may selectively insert the test cartridge 20 into the test device 200 for analysis.) Col. 19, lines 42-49),
face photographing guide information ((Xiang: the electronic device 100 may (using its presentation element 110) present instructions to the user) Col. 19, lines 43-44);((Xiang: the patient or user may preferably record his or her ID information directly through the keypad 128 of the electronic device 100, or through the camera 134, the touchscreen 132, or the microphone 130 which may be provided in association with the electronic device 100.) Col. 19, lines 55-59),
specimen collection guide information ((Xiang: The testing of the sample by the test device 200 may be directly initiated by the electronic device processor 108—e.g., by instructing the user to add the sample to the test cartridge 20.) Col. 13, lines 38-41; Fig. 5B, item 511b),
and biosensor cartridge use information (Xiang: Fig. 5B, item 612).
Regarding Claim 9, Xiang in view of Sparks in view of Jain in view of Madan in further view of Robell discloses the invention as discussed in Claim 1. Xiang further discloses wherein the movement location information and movement time information include location information and time information ((Xiang: (i) the electronic device processor to use the geo-localization element to obtain geo-localization data for the rapid diagnostic test; and/or (ii) the networking electronic device to transmit the geo-localization data for recordal in the remote and/or distributed databases.) Col. 25, lines 38-43; Fig. 4, item 404 and 402).
Xiang does not explicitly disclose the extraction of the information being from a text message related to payment.
However, Madan discloses extracting time and location data from a text message (Madan: Para. [0044]).
One of ordinary skill in the art at the time the invention was filed would have found it obvious to modify the controller of Xiang to be configured to extract location and time information from a text message received as taught by Madan to identify patient risk and assess treatment efficacy (Madan: Para. [0042]).
Robell teaches wherein the text message is related to payment (Robell: Para. [0051]; Para. [0057])
One skilled in the art at the time the invention was filed would have found it obvious to modify the text message of Xiang to be related to payment as taught by Robell in order to enable the process of contact tracing (Robell: Para. [0051]; Para. [0057]).
Regarding Claim 11, Xiang discloses a terminal comprising: a display ((Xiang: display element, preferably in the form of one or more visually presentable (a) textual data, (b) graphical data, and/or (c) colored indicator light data.) Col. 6, lines 10-12);
a camera configured to capture a code image of a biosensor cartridge a camera configured to capture an image ((Xiang: the CCD 208 to take an image... the camera 134 of the electronic device 100 might be used as the detection device.) Col. 20, lines 34-38);
a wireless transceiver configured to perform wireless communication with a server or a biosensor diagnostic ((Xiang: the communication subsystem 114 networks with an external network 300 which may be a satellite network (e.g., GPS networks), a terrestrial wireless network (e.g., a cellular telephone network, a local wireless network), the Internet, and/or a laboratory and/or hospital information system network…) Col. 14, lines 56-64);
and a controller configured to ((Xiang: a test device processor 216, or CPU capability, onboard the test device 200 to assist with or manage data transfer between the test device 200 and the electronic device 100.) Col. 12, lines 3-6); ((Xiang: once the algorithms 214 are uploaded to the electronic device 100, the electronic device 100 performs key functions which effectively control all, or at least a substantial portion, of the process described herein.) Col. 22, lines 41-44):
in response to receiving the code image of the biosensor cartridge, display diagnosis guide information ((Xiang: the test device processor 216 may preferably transmit the test data and/or the test results 412 to the electronic device processor 108—e.g., via a USB interface—for subsequent display to the user by the electronic device display element 112.) Col. 20, lines 52-56; Fig. 2),
receive, via the wireless transceiver, a beacon signal from the biosensor diagnostic device and wirelessly connect to the biosensor diagnostic device based on the beacon signal ((Xiang: The test device 200 and electronic device may preferably be connected to one another via the USB ports 104, 204 and/or via any available port able to provide data transfer and/or energy supply (including Bluetooth in case the device is not physically integrated in with the reader, but rather communicates from a distance)) Col. 16, lines 30-35),
receive code information related to the code image from the biosensor diagnostic device ((Xiang: In the networking step 536, 636, the electronic device 100 may send the encrypted data 426 to a remote and/or distributed database and/or server.) Col. 21, lines 61-63),
in response to receiving code information from the biosensor diagnostic device matching information related to the code image of the biosensor cartridge, transmit authentication information to the biosensor diagnostic device, and (Xiang: Fig. 5C, items 624a 624b and 625 local QC data and T/C ratio)
Xiang is silent on in response to receiving diagnosis result information from the server corresponding to a positive diagnosis result, display a diagnosis result screen comprising the positive diagnosis result and a message for collecting movement location information and movement time information, collect the movement location information and the movement time information and transmit the movement location information and the movement time information to the server, wherein the controller is further configured to, while collecting the movement location information and the movement time information, extract the movement location information and the movement time information from a text message related to payment received via a mobile communication network through a mobile transceiver within the wireless transceiver.
However, Sparks teaches in response to receiving diagnosis result information from the server corresponding to a positive diagnosis result, display a diagnosis result screen comprising the positive diagnosis result (Sparks: Pg. 11, lines 20-31; Fig. 19; Pg. 45, line 27-Pg. 46, line 1)
One of ordinary skill in the art at the time the invention was filed would have found it obvious to modify the controller of Xiang by including display of a positive diagnosis result after processing via a server as taught by Sparks to inform the user of the user’s positive diagnosis (Sparks: Pg. 31, lines 22-31).
Jain teaches and a message for collecting movement location information and movement time information, collect the movement location information and the movement time information and transmit the movement location information and the movement time information to the server (Jain Col. 100, lines 12-32; Col. 15, lines 59-61; Fig. 1),
One of ordinary skill in the art at the time the invention was filed would have found it obvious to modify the controller of Xiang to include contact tracing using text messages to identify exposure events, people potentially exposed, and the degree to which people are infected (Jain: Col. 108, line 60-Col. 109, line 8)
Madan teaches wherein the controller is further configured to, while collecting the movement location information and the movement time information, extract the movement location information and the movement time information from a text message received via a mobile communication network through a mobile transceiver within the wireless transceiver, (Madan: Para. [0044]).
One of ordinary skill in the art at the time the invention was filed would have found it obvious to modify the controller of Xiang to be configured to extract location and time information from a text message received as taught by Madan to identify patient risk and assess treatment efficacy (Madan: Para. [0042]).
Robell teaches wherein the text message is related to payment (Robell: Para. [0051]; Para. [0057])
One skilled in the art at the time the invention was filed would have found it obvious to modify the text message of Xiang to be related to payment as taught by Robell in order to enable the process of contact tracing (Robell: Para. [0051]; Para. [0057]).
Regarding Claim 12, Xiang in view of Sparks in view of Jain in view of Madan in further view of Robell discloses the invention as discussed in Claim 11. Xiang further discloses wherein the controller is further configured to: in response to the diagnosis result information received from the biosensor diagnostic device corresponding to the positive diagnosis result (Xiang: Fig. 4, item 522), transmit, via the wireless transceiver, personal information, call list information (Xiang: Fig. 4, item 536), and terminal information to the server (Xiang: Fig. 5D, item 408 reader ID).
Regarding Claim 13, Xiang in view of Sparks in view of Jain in view of Madan in further view of Robell discloses the invention as discussed in Claim 11. wherein the controller is further configured to:
after capturing the code image of the biosensor cartridge, sequentially display on the display coupling guide information of the biosensor cartridge, face photographing guide information, collection solution use information, and (Xiang: Col. 19, lines 42-49 ‘Prior to the cartridge inserting step, in cartridge preparation steps 611a, 611b, the electronic device 100 may (using its presentation element 110) present instructions to the user concerning preparation of the cartridge 20—e.g., “Take Cartridge” in cartridge preparation step 611a, and “Add Sample” in cartridge preparation step 611b. In the cartridge inserting step 512, 612, the user may selectively insert the test cartridge 20 into the test device 200 for analysis.; Col. 19, lines 43-44 ‘the electronic device 100 may (using its presentation element 110) present instructions to the user’; Col. 19, lines 55-59 ‘the patient or user may preferably record his or her ID information directly through the keypad 128 of the electronic device 100, or through the camera 134, the touchscreen 132, or the microphone 130 which may be provided in association with the electronic device 100.’),
specimen collection guide information, ((Xiang: The testing of the sample by the test device 200 may be directly initiated by the electronic device processor 108—e.g., by instructing the user to add the sample to the test cartridge 20.) Col. 13, lines 38-41; Fig. 5B, item 511b),
biosensor cartridge use information. (Xiang: Fig. 5B, item 612).
Regarding Claim 16, Xiang discloses a biosensor system comprising: a biosensor diagnostic device configured to detect a presence of a target material in a specimen ((Xiang: a handheld diagnostic test device for use with a test cartridge containing one or more reagents to be reacted with a biological and/or environmental sample in a rapid diagnostic test. ) Col. 3, lines 29-32);
and a terminal comprising: a display configured to display an image ((Xiang: display element, preferably in the form of one or more visually presentable (a) textual data, (b) graphical data, and/or (c) colored indicator light data.) Col. 6, lines 10-12);
a wireless transceiver configured to perform wireless communication with a server or a biosensor diagnostic device ((Xiang: the communication subsystem 114 networks with an external network 300 which may be a satellite network (e.g., GPS networks), a terrestrial wireless network (e.g., a cellular telephone network, a local wireless network), the Internet, and/or a laboratory and/or hospital information system network…) Col. 14, lines 56-64);
and a controller configured to ((Xiang: a test device processor 216, or CPU capability, onboard the test device 200 to assist with or manage data transfer between the test device 200 and the electronic device 100.) Col. 12, lines 3-6); ((Xiang: once the algorithms 214 are uploaded to the electronic device 100, the electronic device 100 performs key functions which effectively control all, or at least a substantial portion, of the process described herein.) Col. 22, lines 41-44):
in response to receiving a code image of the biosensor diagnostic device, display diagnosis guide information ((Xiang: the test device processor 216 may preferably transmit the test data and/or the test results 412 to the electronic device processor 108—e.g., via a USB interface—for subsequent display to the user by the electronic device display element 112.) Col. 20, lines 52-56; Fig. 2),
transmit, via the wireless transceiver, code information based on the code image to the server ((Xiang: In the networking step 536, 636, the electronic device 100 may send the encrypted data 426 to a remote and/or distributed database and/or server.) Col. 21, lines 61-63),
Xiang is silent on in response to receiving diagnosis result information from the server corresponding to a positive diagnosis result, display a diagnosis result screen comprising the positive diagnosis result and a message for collecting movement location information and movement time information, collect the movement location information and the movement time information and transmit the movement location information and the movement time information to the server, wherein the controller is further configured to, while collecting the movement location information and the movement time information, extract the movement location information and the movement time information from a text message related to payment received via a mobile communication network through a mobile transceiver within the wireless transceiver.
However, Sparks teaches in response to receiving diagnosis result information from the server corresponding to a positive diagnosis result, display a diagnosis result screen comprising the positive diagnosis result (Sparks: Pg. 11, lines 20-31; Fig. 19; Pg. 45, line 27-Pg. 46, line 1)
One of ordinary skill in the art at the time the invention was filed would have found it obvious to modify the controller of Xiang by including display of a positive diagnosis result after processing via a server as taught by Sparks to inform the user of the user’s positive diagnosis (Sparks: Pg. 31, lines 22-31).
Jain teaches and a message for collecting movement location information and movement time information, collect the movement location information and the movement time information and transmit the movement location information and the movement time information to the server (Jain Col. 100, lines 12-32; Col. 15, lines 59-61; Fig. 1),
One of ordinary skill in the art at the time the invention was filed would have found it obvious to modify the controller of Xiang to include contact tracing using text messages to identify exposure events, people potentially exposed, and the degree to which people are infected (Jain: Col. 108, line 60-Col. 109, line 8)
Madan teaches wherein the controller is further configured to, while collecting the movement location information and the movement time information, extract the movement location information and the movement time information from a text message received via a mobile communication network through a mobile transceiver within the wireless transceiver, (Madan: Para. [0044]).
One of ordinary skill in the art at the time the invention was filed would have found it obvious to modify the controller of Xiang to be configured to extract location and time information from a text message received as taught by Madan to identify patient risk and assess treatment efficacy (Madan: Para. [0042]).
Robell teaches wherein the text message is related to payment (Robell: Para. [0051]; Para. [0057])
One skilled in the art at the time the invention was filed would have found it obvious to modify the text message of Xiang to be related to payment as taught by Robell in order to enable the process of contact tracing (Robell: Para. [0051]; Para. [0057]).
Regarding Claim 17, Xiang in view of Sparks in view of Jain in view of Madan in further view of Robell discloses the invention as discussed above in Claim 16. Xiang further discloses wherein the controller is further configured to: after executing a diagnosis application (Xiang: Fig. 5C, item B), activate the camera and capture the code image of the biosensor cartridge through the camera (Xiang: Fig. 5C, item 620).
Regarding Claim 19, Xiang in view of Sparks in view of Jain in view of Madan in further view of Robell discloses the invention as discussed in Claim 16. Xiang further discloses wherein the movement location information and movement time information include location information and time information ((Xiang: (i) the electronic device processor to use the geo-localization element to obtain geo-localization data for the rapid diagnostic test; and/or (ii) the networking electronic device to transmit the geo-localization data for recordal in the remote and/or distributed databases.) Col. 25, lines 38-43; Fig. 4, item 404 and 402).
Xiang does not explicitly disclose the extraction of the information being from a text message related to payment.
However, Madan discloses extracting time and location data from a text message (Madan: Para. [0044]).
One of ordinary skill in the art at the time the invention was filed would have found it obvious to modify the controller of Xiang to be configured to extract location and time information from a text message received as taught by Madan to identify patient risk and assess treatment efficacy (Madan: Para. [0042]).
Robell teaches wherein the text message is related to payment (Robell: Para. [0051]; Para. [0057])
One skilled in the art at the time the invention was filed would have found it obvious to modify the text message of Xiang to be related to payment as taught by Robell in order to enable the process of contact tracing (Robell: Para. [0051]; Para. [0057]).
Claims 6 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Xiang in view of Sparks in view of Jain in view of Madan in view of Robell in further view of US 20210285977 A1 to Tu et al. (hereinafter, Tu).
Regarding Claim 6, Xiang in view of Sparks in view of Jain in view of Madan in further view of Robell discloses the invention as discussed in claim 5. Xiang does not explicitly disclose the controller capturing an image of a user while the specimen collection guide information is being displayed, and in response to a position of a swab within the image being outside of a reference position while the specimen collection guide information is being displayed, to display specimen re-collection guide information.
However, Tu the controller capturing an image of a user while the specimen collection guide information is being displayed, and in response to a position of a swab within the image being outside of a reference position while the specimen collection guide information is being displayed, to display specimen re-collection guide information. ((Tu: In a diagnostic kiosk, the user may be guided by simple images and instructions on the display, test kit, or patient portal to collect a patient sample using a sample container (sample tube container, sample collection cup, or other sample container form factors), and, for some tests, a swab that is provided inside the kit.) Para. [0103]).
One of ordinary skill in the art at the time the invention was filed would have found it obvious to modify the display instructions of Xiang to guide a user through the sample collection process as taught by Tu in order to minimize user error. One skilled in the art would have recognized that the results of the combination were predictable.
Regarding Claim 18, Xiang in view of Sparks in view of Jain in view of Madan in further view of Robell discloses the invention as discussed in Claim 16. Xiang further discloses wherein the controller is further configured to:
after capturing the code image of the biosensor cartridge, sequentially display on the display coupling guide information of the biosensor cartridge, collection solution use information ((Xiang: Prior to the cartridge inserting step, in cartridge preparation steps 611a, 611b, the electronic device 100 may (using its presentation element 110) present instructions to the user concerning preparation of the cartridge 20—e.g., “Take Cartridge” in cartridge preparation step 611a, and “Add Sample” in cartridge preparation step 611b. In the cartridge inserting step 512, 612, the user may selectively insert the test cartridge 20 into the test device 200 for analysis.) Col. 19, lines 42-49),
face photographing guide information ((Xiang: the electronic device 100 may (using its presentation element 110) present instructions to the user) Col. 19, lines 43-44);((Xiang: the patient or user may preferably record his or her ID information directly through the keypad 128 of the electronic device 100, or through the camera 134, the touchscreen 132, or the microphone 130 which may be provided in association with the electronic device 100.) Col. 19, lines 55-59),
specimen collection guide information ((Xiang: The testing of the sample by the test device 200 may be directly initiated by the electronic device processor 108—e.g., by instructing the user to add the sample to the test cartridge 20.) Col. 13, lines 38-41; Fig. 5B, item 511b),
and biosensor cartridge use information (Xiang: Fig. 5B, item 612).
Xiang does not explicitly disclose the controller capturing an image of a user while the specimen collection guide information is being displayed, and in response to a position of a swab within the image being outside of a reference position while the specimen collection guide information is being displayed, to display specimen re-collection guide information.
However, Tu teaches the controller capturing an image of a user while the specimen collection guide information is being displayed, and in response to a position of a swab within the image being outside of a reference position while the specimen collection guide information is being displayed, to display specimen re-collection guide information. ((Tu: In a diagnostic kiosk, the user may be guided by simple images and instructions on the display, test kit, or patient portal to collect a patient sample using a sample container (sample tube container, sample collection cup, or other sample container form factors), and, for some tests, a swab that is provided inside the kit.) Para. [0103]).
One of ordinary skill in the art at the time the invention was filed would have found it obvious to modify the display instructions of Xiang to guide a user through the sample collection process as taught by Tu in order to minimize user error. One skilled in the art would have recognized that the results of the combination were predictable.
Claim(s) 7, 8 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Xiang in view of Sparks in view of Jain in view of Madan in view of Robell in further view of KR 20120101806 A to Kim et al. (hereinafter, Kim).
Regarding Claim 7, Xiang in view of Sparks in view of Jain in view of Madan in further view of Robell discloses the invention as discussed in Claim 1. Xiang further discloses wherein the controller is further configured to: the diagnosis result information received from the server corresponding to the positive diagnosis result (Xiang: Fig. 4, item 510),
display an input window for inputting personal information including contact information ((Xiang: Fig. 5A).
A personal information screen including a personal information utilization agreement item is absent from Xiang. Although sensitive data and encryption is discussed in detail: (Xiang: the electronic device 100 may be responsible for providing one or more of the following: display of diagnostic data, management of patient IDs, diagnostic profiling, HL7 and/or ASTM compliant processes, transfer of data to the remote database, communication with the test device processor 216 and the remote database, data storage, assay time countdown and display, treatment information, and/or various other interfaces.) Col. 23, lines 43-50; Further, Col. 23, lines 18-34 discuss sensitive data handling that alleviates this as a requirement, but has the structure necessary to include such a limitation).
Xiang does not explicitly disclose a personal information utilization agreement.
Kim teaches providing a user the medical information utilization agreement from a medical service user terminal ((Kim: A medical service user terminal(10) inputs medical information application agreement information of a medical service user.) Abstract).
Therefore it would have been obvious to one skilled in the art to produce a medical information utilization agreement to a user as taught by Kim to the system of Xiang, the motivation being that medical utilization agreements are known in the art to account for when sensitive user information is being handled.
Regarding Claim 8, Xiang in view of Sparks in view of Jain in view of Madan in view of Robell in further view of Kim discloses the invention as discussed in Claim 7. Xiang further discloses wherein the controller is further configured to: capture face image information of a user via the camera, and display the face image information on the personal information screen ((Xiang: the patient or user may preferably record his or her ID information directly through the keypad 128 of the electronic device 100, or through the camera 134, the touchscreen 132, or the microphone 130 which may be provided in association with the electronic device 100.) Col. 19, lines 55-59; Examiner’s note: capturing a face image of a user via a camera with a mobile device is known, the structure of a camera, and a display, that displays presentation data and user input information is found in the prior art and thus the prior art would be capable of accomplishing the limitation).
Regarding Claim 14, Xiang in view of Sparks in view of Jain in view of Madan in further view of Robell discloses the invention as discussed in Claim 11. Xiang further discloses wherein the controller is further configured to: the diagnosis result information received from the server corresponding to the positive diagnosis result (Xiang: Fig. 4, item 510),
display an input window for inputting personal information including contact information (Xiang: Fig. 5A).
A personal information screen including a personal information utilization agreement item is absent from Xiang. Although sensitive data and encryption is discussed in detail: (Xiang: the electronic device 100 may be responsible for providing one or more of the following: display of diagnostic data, management of patient IDs, diagnostic profiling, HL7 and/or ASTM compliant processes, transfer of data to the remote database, communication with the test device processor 216 and the remote database, data storage, assay time countdown and display, treatment information, and/or various other interfaces.) Col. 23, lines 43-50; Further, Col. 23, lines 18-34 discuss sensitive data handling that alleviates this as a requirement, but has the structure necessary to include such a limitation).
Xiang does not explicitly disclose an personal information utilization agreement.
Kim teaches providing a user the medical information utilization agreement from a medical service user terminal ((Kim: A medical service user terminal(10) inputs medical information application agreement information of a medical service user.) Abstract).
Therefore it would have been obvious to one skilled in the art to produce a medical information utilization agreement to a user as taught by Kim to the system of Xiang, the motivation being that medical utilization agreements are known in the art to account for when sensitive user information is being handled.
Claim(s) 10, 15, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Xiang in view of Sparks in view of Jain in view of Madan in view of Robell in further view of US 20210129133 A1 to Ohta et al. (hereinafter, Ohta).
Regarding Claim 10, Xiang in view of Sparks in view of Jain in view of Madan in further view of Robell discloses the invention as discussed in Claim 1. Xiang does not explicitly disclose wherein the code image includes a Quick Response (QR) code, but does have an analogous structure of a barcode or other test cartridge identification elements ((Xiang: the test cartridge identification data 416 encoded by the barcode (or other test cartridge identification element) 24) Col. 22, lines 49-51).
However, Ohta teaches including a Quick Response (QR) code as a test card identifier ((Ohta: An optical machine-readable representation of data (e.g., QR code, barcode, etc.) is attached to the test card and encodes test card identification information (e.g., lot number, serial number, test type, etc.) associated with the test card.) Para. [0063]).
One of ordinary skill in the art at the time the invention was filed would have found it obvious to utilize a QR code as the cartridge identifier as taught by Ohta as the substitution of one known element for another, and would have yielded predictable results. Further, design incentives or other market forces could have prompted one of ordinary skill in the art to vary the prior art in a predictable manner to result in the claimed invention. The motivation to combine is shared between Claims 10, 15, and 20.
Regarding Claim 15, Xiang in view of Sparks in view of Jain in view of Madan in further view of Robell discloses the invention as discussed in Claim 11. Xiang does not explicitly disclose wherein the code image includes a Quick Response (QR) code, but does have an analogous structure of a barcode or other test cartridge identification elements ((Xiang: the test cartridge identification data 416 encoded by the barcode (or other test cartridge identification element) 24) Col. 22, lines 49-51).
However, Ohta teaches including a Quick Response (QR) code as a test card identifier ((Ohta: An optical machine-readable representation of data (e.g., QR code, barcode, etc.) is attached to the test card and encodes test card identification information (e.g., lot number, serial number, test type, etc.) associated with the test card.) Para. [0063]). See motivation statement in Claim 10 above.
Regarding Claim 20, Xiang in view of Sparks in view of Jain in view of Madan in further view of Robell discloses the invention as discussed in Claim 16. Xiang does not explicitly disclose wherein the code image includes a Quick Response (QR) code, but does have an analogous structure of a barcode or other test cartridge identification elements ((Xiang: the test cartridge identification data 416 encoded by the barcode (or other test cartridge identification element) 24) Col. 22, lines 49-51).
However, Ohta teaches including a Quick Response (QR) code as a test card identifier ((Ohta: An optical machine-readable representation of data (e.g., QR code, barcode, etc.) is attached to the test card and encodes test card identification information (e.g., lot number, serial number, test type, etc.) associated with the test card.) Para. [0063]). See motivation statement in Claim 10 above.
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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/SHAWN CURTIS BROUGHTON/Examiner, Art Unit 3791
/PATRICK FERNANDES/Primary Examiner, Art Unit 3791