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 .
This action is responsive to communication filed on 12/31/2025.
Claims 1-2, 7, 17, 21-23, 26-29, 30-35 are subject to examination. Claims 34-35 are newly added claims. Claims 3-6, 8-16, 18-20, 24-25 are cancelled.
This amendment and applicant’s arguments have been fully considered and entered by the Examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 7, 17, 21-23, 26-28, 30-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dicks et al. U.S. Patent Publication # 2015/0169314 (hereinafter Dicks) in view of Bowers et al. U.S. Patent # 10,430,557 (hereinafter Bowers) further in view of Susilo et al. U.S. Patent Publication # 2020/0136429 (hereinafter Susilo) further in view of Rapolu et al. U.S. Patent Publication # 2024/0265076 (hereinafter Rapolu)
With respect to claim 1, Dicks teaches a system to protect privacy of a person (i.e. patient) under case by at least one stakeholder, comprising:
-at least one sensor, configured to: capture measurements from an environment in which the person under is monitored (i.e. data can be received from medical device such as blood glucose meter, pacemaker, event monitor, tremor sensor, accelerometer, allowing patients to be monitored)(Paragraph 64, 67-71), wherein the measurements comprises information measured by at least one sensor for monitoring a health wellness or care condition of the person under care (i.e. motion sensor can be used such as accelerometer, tilt, switch that generates a signal in response to movement, wherein data set comprises data from accelerometer or blood glucose meter measuring blood sugar) (Paragraph 64, 67-71, 244-246);
-generate a token that includes a data payload (i.e. biological biometric or behavioral information of one or more patients which can stored using/under patient identifier and generation of the authentication token may comprises entry of patient identifier or PIN)(Paragraph 103, 153, 169-170); and a care processing system comprising:
a transceiver configured to receive the token from at least one sensor (Paragraph 103, 153, 157); a non-transitory computer-readable storage medium configured to store a quiescent data set (i.e. previous readings and medical or historical information)(Paragraph 96), the quiescent data set representing previous quiescent behaviors of the person under care in the environment (Paragraph 96)
Dicks does not explicitly teach generate token that includes the measurements in a data payload; comparing the quiescent data set.
Bowers teaches a non-transitory computer-readable storage medium configured to store a quiescent data set (column 30 lines 28-44) the quiescent data set representing previous quiescent behaviors of the person under care in the environment (i.e. at least one previous speech pattern of the patient) at least one hardware processing unit to determine whether a health, a wellness or care event for the person under care has occurred by comparing the token and the quiescent data set (i.e. comparing at least one speech pattern with at least one previous speech pattern of the patient to determine whether the patient has complied with the prescribed treatment regimen) (column 30 lines 4-44), wherein, the care processing system is configured to notify the at least one stakeholder (column 28 lines 43-61) in response to the at least one processing unit determining that the health, wellness or care event has occurred (i.e. alert: patient speech indicates non-compliance with prescribed treatment regimen” in addition an audio alarm is generated on speaker indicating non-compliance with the attention of medical provider wherein the medical care provider observes the behavior of patient on display) (column 23 lines 2567)(column 24 lines 1-9) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Bowers’ teaching in Dicks’ teaching to come up with comparing the quiescent data set. The motivation for doing so would be to determine whether the patient has complied with the prescribed treatment regimen and also to check/verify if the treatment regimen is working.
Dicks and Bowers does not explicitly teach generate token that includes the measurements in a data payload.
Susilo teaches generating a token that includes the measurements in a data payload (i.e. actual sensor data payload wherein the data can reside in the blockchain token that is being held by a token wallet)(Paragraph 107). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Susilo’s teaching in Dicks and Bowers teaching to come up with generating token that includes the measurements in a data payload. The motivation for doing so would be so large amounts of sensor data can be anonymized by only being identifiable with the wallet with which it is associated and the data can be confirmed as authentic.
Dicks, Bowers and Susilo does not explicitly teach the token having different access specifications for different portions of the data payload.
Rapolu teaches the token having different access specifications for different portions of the data payload (I.e. data processing computer may then use action data to perform processing transactions involving tokens. If the action data relates to limiting the amount of spend on a token $100, then a rule states that transaction over $100 using the provisioned token that is associated with matching nonce will be stored in the database)(Paragraph 63, 71, 64, 65-66). Examiner would like to point out that according to the specification of the current application, it states in Paragraph 63, the token having characteristics determining their state for example, validity, transaction including conditions and/or other specification. The specifications include access, authorization, authentication conditions such that match. It would have obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Rapolu’s teaching in Dicks, Bowers and Susilo’s teaching to come up with having token having different access specifications for different portions of the data payload. The motivation for doing so would be to approve or deny the request based upon the stored action data which can be used to process, transform or reroute data in an interaction request.
With respect to claim 7, Dicks teaches a system to protect privacy of a person (i.e. patient) under case by at least one stakeholder, comprising:
-at least one sensor, configured to: capture measurements from an environment in which the person under is monitored (i.e. data can be received from medical device such as blood glucose meter, pacemaker, event monitor, tremor sensor, accelerometer, allowing patients to be monitored)(Paragraph 64, 67-71), wherein the measurements provide information measured by at least one sensor for identifying occurrences of a health wellness or care events in the environment for which the person under care is monitored (i.e. motion sensor can be used such as accelerometer, tilt, switch that generates a signal in response to movement, wherein data set comprises data from accelerometer or blood glucose meter measuring blood sugar) (Paragraph 64, 67-71, 244-246);
-a care processing system comprising: a transceiver configured to receive the measurements from the sensor (Paragraph 103, 153, 157);
-a token services modules configured to generate a token that includes the measurements payload (i.e. biological biometric or behavioral information of one or more patients which can stored using/under patient identifier and generation of the authentication token may comprises entry of patient identifier or PIN)(Paragraph 103, 153, 169-170);
a non-transitory computer-readable storage medium configured to store a quiescent data set (i.e. previous readings and medical or historical information)(Paragraph 96), the quiescent data set representing previous quiescent behaviors of the person under care in the environment (Paragraph 96)
Dicks does not explicitly teach generate token based on the data set; comparing the quiescent data set.
Bowers teaches a non-transitory computer-readable storage medium configured to store a quiescent data set (column 30 lines 28-44) the quiescent data set representing previous quiescent behaviors of the person under care in the environment (i.e. at least one previous speech pattern of the patient) at least one hardware processing unit to determine whether a health, a wellness or care event for the person under care has occurred by comparing the token and the quiescent data set (i.e. comparing at least one speech pattern with at least one previous speech pattern of the patient to determine whether the patient has complied with the prescribed treatment regimen) (column 30 lines 4-44), wherein, the care processing system is configured to notify the at least one stakeholder (column 28 lines 43-61) in response to the at least one processing unit determining that the health, wellness or care event has occurred (i.e. alert: patient speech indicates non-compliance with prescribed treatment regimen” in addition an audio alarm is generated on speaker indicating non-compliance with the attention of medical provider wherein the medical care provider observes the behavior of patient on display) (column 23 lines 2567)(column 24 lines 1-9) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Bowers’ teaching in Dicks’ teaching to come up with comparing the quiescent data set. The motivation for doing so would be to determine whether the patient has complied with the prescribed treatment regimen and also to check/verify if the treatment regimen is working.
Dicks and Bowers does not explicitly teach generate token that includes the measurements in a data payload.
Susilo teaches generating a token that includes the measurements in a data payload (i.e. actual sensor data payload wherein the data can reside in the blockchain token that is being held by a token wallet)(Paragraph 107). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Susilo’s teaching in Dicks and Bowers teaching to come up with generating token that includes the measurements in a data payload. The motivation for doing so would be so large amounts of sensor data can be anonymized by only being identifiable with the wallet with which it is associated and the data can be confirmed as authentic.
Dicks, Bowers and Susilo does not explicitly teach the token having different access specifications for different portions of the data payload.
Rapolu teaches the token having different access specifications for different portions of the data payload (I.e. data processing computer may then use action data to perform processing transactions involving tokens. If the action data relates to limiting the amount of spend on a token $100, then a rule states that transaction over $100 using the provisioned token that is associated with matching nonce will be stored in the database)(Paragraph 63, 71, 64, 65-66). Examiner would like to point out that according to the specification of the current application, it states in Paragraph 63, the token having characteristics determining their state for example, validity, transaction including conditions and/or other specification. The specifications include access, authorization, authentication conditions such that match. It would have obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Rapolu’s teaching in Dicks, Bowers and Susilo’s teaching to come up with having token having different access specifications for different portions of the data payload. The motivation for doing so would be to approve or deny the request based upon the stored action data which can be used to process, transform or reroute data in an interaction request.
With respect to claim 17, Dicks teaches a system to protect privacy of a person (i.e. patient) under case by at least one stakeholder, comprising:
-at least one sensor, configured to: capture measurements from an environment in which the person under is monitored (i.e. data can be received from medical device such as blood glucose meter, pacemaker, event monitor, tremor sensor, accelerometer, allowing patients to be monitored)(Paragraph 64, 67-71), wherein the measurements comprise information measured by at least one sensor monitoring the person under care (i.e. motion sensor can be used such as accelerometer, tilt, switch that generates a signal in response to movement, wherein data set comprises data from accelerometer or blood glucose meter measuring blood sugar) (Paragraph 64, 67-71, 244-246);
-a care processing system comprising: a transceiver configured to receive the measurements from the sensor (Paragraph 103, 153, 157);
-a token services modules configured to generate a token that includes a data payload (i.e. biological biometric or behavioral information of one or more patients which can stored using/under patient identifier and generation of the authentication token may comprises entry of patient identifier or PIN)(Paragraph 103, 153, 169-170);
a non-transitory computer-readable storage medium configured to store a quiescent data set (i.e. previous readings and medical or historical information)(Paragraph 96), the quiescent data set representing previous quiescent behaviors of the person under care in the environment (Paragraph 96)
Dicks does not explicitly teach generate token based on the data set; comparing the quiescent data set.
Bowers teaches a non-transitory computer-readable storage medium configured to store a quiescent data set (column 30 lines 28-44) the quiescent data set representing previous quiescent behaviors of the person under care in the environment (i.e. at least one previous speech pattern of the patient) at least one hardware processing unit to determine whether a health, a wellness or care event for the person under care has occurred by comparing the token and the quiescent data set (i.e. comparing at least one speech pattern with at least one previous speech pattern of the patient to determine whether the patient has complied with the prescribed treatment regimen) (column 30 lines 4-44), when, the wellness or care event is determined to have occurred (i.e. alert: patient speech indicates non-compliance with prescribed treatment regimen” in addition an audio alarm is generated on speaker indicating non-compliance with the attention of medical provider wherein the medical care provider observes the behavior of patient on display) (column 23 lines 2567)(column 24 lines 1-9) the care processing system is configured to notify the at least one stakeholder (column 28 lines 43-61) in response to the at least one processing unit determining that the health, wellness or care event has occurred (i.e. alert: patient speech indicates non-compliance with prescribed treatment regimen” in addition an audio alarm is generated on speaker indicating non-compliance with the attention of medical provider wherein the medical care provider observes the behavior of patient on display) (column 23 lines 2567)(column 24 lines 1-9) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Bowers’ teaching in Dicks’ teaching to come up with comparing the quiescent data set. The motivation for doing so would be to determine whether the patient has complied with the prescribed treatment regimen and also to check/verify if the treatment regimen is working.
Dicks and Bowers does not explicitly teach generate token that includes the measurements in a data payload.
Susilo teaches generating a token that includes the measurements in a data payload (i.e. actual sensor data payload wherein the data can reside in the blockchain token that is being held by a token wallet)(Paragraph 107). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Susilo’s teaching in Dicks and Bowers teaching to come up with generating token that includes the measurements in a data payload. The motivation for doing so would be so large amounts of sensor data can be anonymized by only being identifiable with the wallet with which it is associated and the data can be confirmed as authentic.
Dicks, Bowers and Susilo does not explicitly teach the token having different access specifications for different portions of the data payload.
Rapolu teaches the token having embedded access specifications indicating under what circumstances the data payload should be accessible (I.e. data processing computer may then use action data to perform processing transactions involving tokens. If the action data relates to limiting the amount of spend on a token $100, then a rule states that transaction over $100 using the provisioned token that is associated with matching nonce will be stored in the database)(Paragraph 63, 71, 64, 65-66). Examiner would like to point out that according to the specification of the current application, it states in Paragraph 63, the token having characteristics determining their state for example, validity, transaction including conditions and/or other specification. The specifications include access, authorization, authentication conditions such that match. It would have obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Rapolu’s teaching in Dicks, Bowers and Susilo’s teaching to come up with having token having different access specifications indicating under what circumstances the data payload should be accessible. The motivation for doing so would be to approve or deny the request based upon the stored action data which can be used to process, transform or reroute data in an interaction request.
With respect to claim 21, Dick, Bowers, Susilo and Rapolu teaches the system of claim 1, but Dicks further teaches wherein the at least one sensor is one of a plurality of environmental sensors disposed at various locations throughout the environment that are neither worn nor carried by the person under care.
With respect to claim 22, Dick, Bowers, Susilo and Rapolu teaches the system of claim 1, but Dicks further teaches wherein the at least one sensor includes a sensor that is worn or carried by the person under care.
With respect to claim 23, Dick, Bowers, Susilo and Rapolu teaches the system of claim 1, but Dicks further teaches wherein the health, wellness or care event identifies an occurrence of: the person under care falling; the person under care experiencing a coughing fit; the person under care experiencing shortness of breath; a carer of the person under care attending to the person under care; or a family member of the person under care entering the environment.
With respect to claim 26, Dick, Bowers, Susilo and Rapolu teaches the system of claim 1, but Dicks further teaches wherein the at least one sensor includes at least a first sensor (Fig. 8 light sensor) and a second sensor (Fig. 8 motion sensor), wherein the data payload includes a multi- dimensional feature set (Paragraph 89), including: a first data set captured by the first sensor (Paragraph 89, 158); and a second data set captured by the second sensor having a relationship with the at least the part of the first data set (Paragraph 89, 158-159)
With respect to claim 27, Dick, Bowers, Susilo and Rapolu teaches the system of claim 1, but Dicks further teaches wherein the data payload further includes a pattern or behavior of the person under care identified using the measurements (Paragraph 69, 153)
With respect to claim 28, Dick, Bowers, Susilo and Rapolu teaches the system of claim 1, but Dicks further teaches wherein the data payload further includes an indicator for a specific event having been determined to have occurred in the environment (Paragraph 157, 163)
With respect to claim 30, Dick, Bowers, Susilo and Rapolu teaches the system of claim 17, but Dicks further teaches wherein the token is a configuration token, wherein the data payload includes configuration data for a second sensor included in the system to change a configuration of the second sensor according to the configuration data (Paragraph 89, 158-159)
With respect to claim 31, Dick, Bowers, Susilo and Rapolu teaches the system of claim 17, but Dicks further teaches wherein the token is a proof token that combines two or more other tokens (Paragraph 103-104)
With respect to claim 32, Dick, Bowers, Susilo and Rapolu teaches the system of claim 17, but Dicks further teaches wherein the token is geo fenced to provide access to the data payload to a device when the device is within a given location and to deny access to the device when the device is outside of the given location (i.e. unauthorized users and providing GPS coordinates for location of the scanning device and enabling user and patients to communicate)(Paragraph 94)
With respect to claim 33, Dick, Bowers, Susilo and Rapolu teaches the system of claim 17, but Dicks further teaches wherein the care processing system notifying the at least one stakeholder includes transmitting the token to at least one device associated with the at least one stakeholder (i.e. health care provider) (Paragraph 104, 103)
With respect to claim 34, Dick, Bowers, Susilo and Rapolu teaches the system of claim 17, but Susilo further teaches wherein the token is recorded to a distributed ledger as a blockchain block (Paragraph 107)
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dicks et al. U.S. Patent Publication # 2015/0169314 (hereinafter Dicks) in view of Bowers et al. U.S. Patent # 10,430,557 (hereinafter Bowers) further in view of Susilo et al. U.S. Patent Publication # 2020/0136429 (hereinafter Susilo) further in view of Rapolu further in view of Blechman et al. U.S. Patent Publication # 2020/0258605 (hereinafter Blechman)
With respect to claim 2, Dick, Bowers, Susilo and Rapolu teaches the system of claim 1, but Susilo further teaches wherein the token (Paragraph 107) or the data payload are encrypted via an encryption key that is selected based in part on at least one of the group consisting of: the measurements (i.e. encrypted data, sensors which date time ranges and actual sensor data payload) (paragraph 107), the at least one stakeholder (i.e. user)(Paragraph 107).
Susilo does not explicitly teach the person under care; and a type of event detected by the sensor and a session of the person under care.
Blechman further teaches wherein the token (Paragraph 39) or the data payload are encrypted via an encryption key that is selected based in part on at least one of the group consisting of: the measurements (paragraph 39, 41-42, 45-49, 50-55), the at least one stakeholder (i.e. physician or patient )(Paragraph 53); the person under care (i.e. patient) (Paragraph 53); and type of event detected by the sensor (Paragraph 66, 73); and a session of the person under care (i.e. patient with multiple sclerosis transmits a PCHR WC token under smart contract with her primary care provider enabling him to update data entities in her PCHR record after each encounter, to export data entities to the enterprise-controlled records of a specialists)(Paragraph 53, 54). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Blechman’s teaching in Dick, Bowers, Susilo and Rapolu’s teaching to come up with token or data payload are encrypted via an encryption key that is based in part on at least one of the person under care; and a type of event detected by the sensor and a session of the person under care. The motivation for doing so would be to securely share the results and data with patients, medical provider under smart contract via an encrypted communication channel.
Allowable Subject Matter
Claim 29 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 35 is allowed.
Response to Arguments
Applicant’s arguments with respect to amended claim(s) 1, 7, 13, 17 “the token having different access specifications for different portions of the data payload; the token having embedded access specifications indicating under what circumstances the data payload should be accessible” have been considered but are moot in view of new grounds of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
A). Tunnell et al. U.S. Patent Publication # 2022/0101710 which in Paragraph 31 teaches about storing data such as vital signs, historical medical records using decentralized database technology via blockchain.
B). Park et al. U.S. Patent Publication # 2023/0130656 which teaches about enabling personal health data ownership wherein an owner can provide their data to 3rd party via auction.
C). Zimmermann et al. U.S. Patent Publication # 2018/0027006
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DHAIRYA A PATEL whose telephone number is (571)272-5809. The examiner can normally be reached M-F 7:30am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kamal B Divecha can be reached on 571-272-5863. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DHAIRYA A. PATEL
Primary Examiner
Art Unit 2453
/DHAIRYA A PATEL/ Primary Examiner, Art Unit 2453