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 .
Status of Claims
Claims 1-14 pending
Claims 1, 12 and 13 amended.
Response to Arguments
2. Applicant’s arguments with respect to claims 1-14 have been considered but are moot because the new ground of rejection.
Claim Rejections - 35 USC § 103
3. 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.
4. 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.
5. 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.
6. Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Nishida (US 2021/0312079), hereinafter referred to as Nishida, in view of Ali (US 2023/0162871), hereinafter referred to as Ali, in further view of Bereza (US 2018/0321826), hereinafter referred to as Bereza.
7. Regarding claim 1, Nishida discloses an information system comprising: an electronic medical record terminal including a display unit configured to display information pertaining to a patient for display of an electronic medical record (fig. 1-3, paragraphs 13 and 54-57 wherein the display unit is composed of a display or the like and displays the image captured by the camera and information supplied from the arithmetic processing unit).
However Nishida is silent in regards to disclosing a control apparatus including a first communication unit configured to obtain first information pertaining to a first patient from the electronic medical record terminal and send the first information to a specific image capturing apparatus in response to the patient for display of the electronic medical record changing to the first patient in the electronic medical record terminal, the control apparatus being capable of communicating with the electronic medical record terminal and the specific image capturing apparatus via a network; and an association unit configured to associate the first information with a first image captured between when the patient for display is changed to the first patient and when the patient for display is changed to another patient, the first image being captured by the specific image capturing apparatus capable of communicating with the control apparatus via the network.
Ali discloses a control apparatus including a first communication unit configured to obtain first information pertaining to a first patient from the electronic medical record terminal and send the first information to a specific image capturing apparatus in response to the patient for display of the electronic medical record changing to the first patient in the electronic medical record terminal, the control apparatus being capable of communicating with the electronic medical record terminal and the specific image capturing apparatus via a network (fig. 3-5, paragraphs 68 and 89 wherein the queuing data signal also includes the electronic health record and the at least one article of medical equipment in the at least one operational mode, and wherein patient may be observed using either via a User Device or a dedicated Patient Location camera);
and an association unit configured to associate the first information with a first image captured between when the patient for display is changed to the first patient and when the patient for display is changed to another patient, the first image being captured by the specific image capturing apparatus capable of communicating with the control apparatus via the network (fig. 3-5, paragraph 60 wherein the video camera are adapted to accept a first communication from a first user of the patient-consultant tele-health system at the patient location for transmission to a second user at a consultant’s location remote from the patient location, and wherein at least one of the video output device and the audio output device are adapted to include a shared communication of the data to another consultant). Ali (paragraph 10) provides motivation to combine the references wherein tele-health takes the patient in a number of locations where full diagnostic or EHR data is missing for the tele-health hospital information module usage. All of the elements are known. Combining the references would yield the instant claims wherein patient information regarding captured images can be used to diagnose and treat patients remotely, while also sending patient data to image capturing device.
Therefore, the invention would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention.
However Nishida and Ali are silent in regards to disclosing wherein: the specific image capturing apparatus is permitted to perform image capturing in a case where the first information is stored in the specific image capturing apparatus and the specific image capturing apparatus is prohibited to perform the image capturing in a case where the first information is not stored in the specific image capturing apparatus, and in a case where the specific image capturing apparatus receives a predetermined instruction, the specific image capturing apparatus deletes the first image and the first information associated with the first image.
Bereza discloses wherein: the specific image capturing apparatus is permitted to perform image capturing in a case where the first information is stored in the specific image capturing apparatus and the specific image capturing apparatus is prohibited to perform the image capturing in a case where the first information is not stored in the specific image capturing apparatus (paragraph 415 wherein the image data is optionally captured in response to the start or end of a gesture, in response to a determination that an action should be performed, in response to some predetermined interval for capturing image data, or based on other factors that allow for the association of the request action with captured image data),
and in a case where the specific image capturing apparatus receives a predetermined instruction, the specific image capturing apparatus deletes the first image and the first information associated with the first image (paragraph 417 wherein if the user confirms the deletion via delete button, the electronic device optionally can prompt the user to authentic via a password/pin prompt, request the user to provide fingerprint information, prompt the user to position their face in view of the front facing camera, cause the device to enter a locked state, or just ignore the request).
Bereza provides motivation to combine the references wherein the authorization criteria include a criterion that is met when the captured image data indicates that the face of an authorized user was present in front of the camera and was looking at the display at the time that the user input was received, performs the predefined action (paragraph 15). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Nishida and Ali with the teachings of Bereza (paragraph 15).
8. Regarding claim 2, Nishida discloses the information system according to The information system according to wherein the control apparatus includes a transmission unit configured to transmit the first information to the specific image capturing apparatus in response to the first information being obtained (fig. 1-3, paragraph 42 wherein a clinical examination device with a camera of a mobile and processing designated personal information into a hidden image),
the specific image capturing apparatus is included in the information system, and includes a reception unit configured to receive the first information from the control apparatus (fig. 1-3, paragraph 42 wherein a clinical examination device with a camera of a mobile and processing designated personal information into a hidden image),
and the association unit is included in the specific image capturing apparatus, and associates the first information received from the control apparatus with the first image (fig. 1-3, paragraph 68 wherein personal information protection mark displayed on the examination result screen of the clinical examination device, and by making the designated personal information a hidden image).
9. Regarding claim 3, Nishida discloses the information system according to claim 2, wherein the specific image capturing apparatus includes a first display unit configured to display at least some of the first information in response to the first information being received from the control apparatus (fig. 1-3, paragraph 49 wherein a display process for displaying the examination result screen including personal information for identifying a subject).
10. Regarding claim 4, Ali discloses the information system according to claim 2, wherein the control apparatus includes a second communication unit configured to obtain the first image with which the first information is associated from the specific image capturing apparatus in response to the patient for display changing from the first patient to another patient (fig. 3-5, paragraph 60 wherein the video camera are adapted to accept a first communication from a first user of the patient-consultant tele-health system at the patient location for transmission to a second user at a consultant’s location remote from the patient location, and wherein at least one of the video output device and the audio output device are adapted to include a shared communication of the data to another consultant).
11. Regarding claim 5, Nishida discloses the information system according to claim 2, wherein the control apparatus includes a second communication unit configured to obtain the first image with which the first information is associated from the specific image capturing apparatus in response to the first information being associated with the first image (fig. 1-3, paragraph 77 wherein the captured image 11 taken by the mobile 9, the information of the name 4 displayed on the examination result screen 3 including the measurement information).
12. Regarding claim 6, Nishida discloses the information system according to claim 4, wherein the specific image capturing apparatus includes: a second display unit configured to display a first user interface including the first image and a cancellation option in response to the first image being captured (fig. 3-4, paragraph 87 wherein tablet features a selection setting screen for personal information to be protected).
Ali discloses a notification unit configured to make a first notification to the control apparatus in response to a first time passing without the cancellation option being selected in the first user interface (fig. 1-3, paragraph 52 wherein the first responders might also be alerted to any nearby family or dependents of the patient to allow other responders to find, assist and notify the others of the patient’s condition),
and the second communication unit obtains the first image with which the first information is associated from the specific image capturing apparatus when the first notification is made (fig. 3-5, paragraphs 68 and 89 wherein the queuing data signal also includes the electronic health record and the at least one article of medical equipment in the at least one operational mode, and wherein patient may be observed using either via a User Device or a dedicated Patient Location camera).
13. Regarding claim 7, Nishida discloses the information system according to claim 4, wherein the control apparatus includes a storage unit configured to store the first image obtained from the specific image capturing apparatus in a storage apparatus (fig. 1-4, paragraph 152 wherein processing unit of the mobile stores the examination result image).
14. Regarding claim 8, Ali discloses the information system according to claim 7, wherein the control apparatus includes a third display unit configured to display a second user interface for selecting an image to be stored, and the storage unit stores the first image in the storage apparatus when the first image is selected in the second user interface (fig. 3-5, paragraphs 68 and 89 wherein the queuing data signal also includes the electronic health record and the at least one article of medical equipment in the at least one operational mode, and wherein patient may be observed using either via a User Device or a dedicated Patient Location camera).
15. Regarding claim 9, Ali discloses the information system according to claim 1, further comprising: a second notification unit configured to make a second notification to a user in response to a second time passing after the patient for display has changed to the first patient and before the patient for display changes to another patient (fig. 3-5, paragraph 60 wherein the video camera are adapted to accept a first communication from a first user of the patient-consultant tele-health system at the patient location for transmission to a second user at a consultant’s location remote from the patient location, and wherein at least one of the video output device and the audio output device are adapted to include a shared communication of the data to another consultant).
16. Regarding claim 10, Ali discloses the information system according to claim 1, further comprising: a third notification unit configured to make a third notification to a user in response to a predetermined number of images being captured by the specific image capturing apparatus after the patient for display has changed to the first patient and before the patient for display changes to another patient (fig. 1-3, paragraph 52 wherein the first responders might also be alerted to any nearby family or dependents of the patient to allow other responders to find, assist and notify the others of the patient’s condition).
17. Regarding claim 11, Ali discloses the information system according to claim 1, wherein the control apparatus includes a selection unit configured to, when a plurality of image capturing apparatuses are capable of communicating with the control apparatus, select an image capturing apparatus, among the plurality of image capturing apparatuses, to use as the specific image capturing apparatus, based on a position of the electronic medical record terminal and a position of each of the plurality of image capturing apparatuses (fig. 3-5, paragraphs 68 and 89 wherein the queuing data signal also includes the electronic health record and the at least one article of medical equipment in the at least one operational mode, and wherein patient may be observed using either via a User Device or a dedicated Patient Location camera).
18. Regarding claim 12, Nishida discloses an information processing method executed by an information system comprising an electronic medical record terminal including a display unit configured to display information pertaining to a patient for display of an electronic medical record (fig. 1-3, paragraphs 13 and 54-57 wherein the display unit is composed of a display or the like and displays the image captured by the camera and information supplied from the arithmetic processing unit).
However Nishida is silent in regards to disclosing the method comprising: obtaining first information pertaining to a first patient from the electronic medical record terminal and sending the first information to a specific image capturing apparatus by a first communication unit of a control apparatus capable of communicating with the electronic medical record terminal and the specific image capturing apparatus via a network, the obtaining and the sending being performed in response to the patient for display of the electronic medical record changing to the first patient in the electronic medical record terminal; and associating, by an association unit, the first information with a first image captured between when the patient for display is changed to the first patient and when the patient for display is changed to another patient, the first image being captured by the specific image capturing apparatus capable of communicating with the control apparatus via the network.
Ali discloses the method comprising: obtaining first information pertaining to a first patient from the electronic medical record terminal and sending the first information to a specific image capturing apparatus by a first communication unit of a control apparatus capable of communicating with the electronic medical record terminal and the specific image capturing apparatus via a network, the obtaining and the sending being performed in response to the patient for display of the electronic medical record changing to the first patient in the electronic medical record terminal (fig. 3-5, paragraphs 68 and 89 wherein the queuing data signal also includes the electronic health record and the at least one article of medical equipment in the at least one operational mode, and wherein patient may be observed using either via a User Device or a dedicated Patient Location camera);
and associating, by an association unit, the first information with a first image captured between when the patient for display is changed to the first patient and when the patient for display is changed to another patient, the first image being captured by the specific image capturing apparatus capable of communicating with the control apparatus via the network (fig. 3-5, paragraph 60 wherein the video camera are adapted to accept a first communication from a first user of the patient-consultant tele-health system at the patient location for transmission to a second user at a consultant’s location remote from the patient location, and wherein at least one of the video output device and the audio output device are adapted to include a shared communication of the data to another consultant). Ali (paragraph 10) provides motivation to combine the references wherein tele-health takes the patient in a number of locations where full diagnostic or EHR data is missing for the tele-health hospital information module usage. All of the elements are known. Combining the references would yield the instant claims wherein patient information regarding captured images can be used to diagnose and treat patients remotely, while also sending patient data to image capturing device. Therefore, the invention would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention.
However Nishida and Ali are silent in regards to disclosing wherein: the specific image capturing apparatus is permitted to perform image capturing in a case where the first information is stored in the specific image capturing apparatus and the specific image capturing apparatus is prohibited to perform the image capturing in a case where the first information is not stored in the specific image capturing apparatus, and in a case where the specific image capturing apparatus receives a predetermined instruction, the specific image capturing apparatus deletes the first image and the first information associated with the first image.
Bereza discloses wherein: the specific image capturing apparatus is permitted to perform image capturing in a case where the first information is stored in the specific image capturing apparatus and the specific image capturing apparatus is prohibited to perform the image capturing in a case where the first information is not stored in the specific image capturing apparatus (paragraph 415 wherein the image data is optionally captured in response to the start or end of a gesture, in response to a determination that an action should be performed, in response to some predetermined interval for capturing image data, or based on other factors that allow for the association of the request action with captured image data),
and in a case where the specific image capturing apparatus receives a predetermined instruction, the specific image capturing apparatus deletes the first image and the first information associated with the first image (paragraph 417 wherein if the user confirms the deletion via delete button, the electronic device optionally can prompt the user to authentic via a password/pin prompt, request the user to provide fingerprint information, prompt the user to position their face in view of the front facing camera, cause the device to enter a locked state, or just ignore the request).
Bereza provides motivation to combine the references wherein the authorization criteria include a criterion that is met when the captured image data indicates that the face of an authorized user was present in front of the camera and was looking at the display at the time that the user input was received, performs the predefined action (paragraph 15). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Nishida and Ali with the teachings of Bereza (paragraph 15).
19. Regarding claim 13, Nishida discloses a non-transitory computer-readable storage medium which stores a program for causing a computer system, which includes a control apparatus capable of communicating, via a network, with a specific image capturing apparatus and an electronic medical record terminal including a display unit configured to display information pertaining to a patient for display of an electronic medical record (fig. 1-3, paragraphs 13 and 54-57 wherein the display unit is composed of a display or the like and displays the image captured by the camera and information supplied from the arithmetic processing unit).
However Nishida is silent in regards to disclosing to execute an information processing method comprising: obtaining first information pertaining to a first patient from the electronic medical record terminal and sending the first information to the specific image capturing apparatus, the obtaining and the sending being performed in response to the patient for display of the electronic medical record changing to the first patient in the electronic medical record terminal; and associating the first information with a first image captured between when the patient for display is changed to the first patient and when the patient for display is changed to another patient, the first image being captured by the specific image capturing apparatus capable of communicating with the control apparatus via the network.
Ali discloses to execute an information processing method comprising: obtaining first information pertaining to a first patient from the electronic medical record terminal and sending the first information to the specific image capturing apparatus, the obtaining and the sending being performed in response to the patient for display of the electronic medical record changing to the first patient in the electronic medical record terminal (fig. 3-5, paragraphs 68 and 89 wherein the queuing data signal also includes the electronic health record and the at least one article of medical equipment in the at least one operational mode, and wherein patient may be observed using either via a User Device or a dedicated Patient Location camera);
and associating the first information with a first image captured between when the patient for display is changed to the first patient and when the patient for display is changed to another patient, the first image being captured by the specific image capturing apparatus capable of communicating with the control apparatus via the network (fig. 3-5, paragraph 60 wherein the video camera are adapted to accept a first communication from a first user of the patient-consultant tele-health system at the patient location for transmission to a second user at a consultant’s location remote from the patient location, and wherein at least one of the video output device and the audio output device are adapted to include a shared communication of the data to another consultant). Ali (paragraph 10) provides motivation to combine the references wherein tele-health takes the patient in a number of locations where full diagnostic or EHR data is missing for the tele-health hospital information module usage. All of the elements are known. Combining the references would yield the instant claims wherein patient information regarding captured images can be used to diagnose and treat patients remotely, while also sending patient data to image capturing device. Therefore, the invention would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention.
However Nishida and Ali are silent in regards to disclosing wherein: the specific image capturing apparatus is permitted to perform image capturing in a case where the first information is stored in the specific image capturing apparatus and the specific image capturing apparatus is prohibited to perform the image capturing in a case where the first information is not stored in the specific image capturing apparatus, and in a case where the specific image capturing apparatus receives a predetermined instruction, the specific image capturing apparatus deletes the first image and the first information associated with the first image.
Bereza discloses wherein: the specific image capturing apparatus is permitted to perform image capturing in a case where the first information is stored in the specific image capturing apparatus and the specific image capturing apparatus is prohibited to perform the image capturing in a case where the first information is not stored in the specific image capturing apparatus (paragraph 415 wherein the image data is optionally captured in response to the start or end of a gesture, in response to a determination that an action should be performed, in response to some predetermined interval for capturing image data, or based on other factors that allow for the association of the request action with captured image data),
and in a case where the specific image capturing apparatus receives a predetermined instruction, the specific image capturing apparatus deletes the first image and the first information associated with the first image (paragraph 417 wherein if the user confirms the deletion via delete button, the electronic device optionally can prompt the user to authentic via a password/pin prompt, request the user to provide fingerprint information, prompt the user to position their face in view of the front facing camera, cause the device to enter a locked state, or just ignore the request).
Bereza provides motivation to combine the references wherein the authorization criteria include a criterion that is met when the captured image data indicates that the face of an authorized user was present in front of the camera and was looking at the display at the time that the user input was received, performs the predefined action (paragraph 15). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Nishida and Ali with the teachings of Bereza (paragraph 15).
20. Regarding claim 14, Nishida discloses the information system according to claim 1, wherein the association unit temporarily stores the first information and the first image with which the first information has been associated (fig. 1-3, paragraph 152 wherein arithmetic processing unit of the mobile stores the examination result image protected by masking the personal information (“name” and “ID No.”) in a recording unit).
Conclusion
21. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bradely (US 2018/0158551) discloses apparatus for biometric data collection combining visual data with historical health records metadata.
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 CHARLES N HICKS whose telephone number is (571)270-3010. The examiner can normally be reached Monday-Friday 10-7 EST.
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/CHARLES N HICKS/Examiner, Art Unit 2424
/BENJAMIN R BRUCKART/Supervisory Patent Examiner, Art Unit 2424