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 .
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4, 6-15, and 17-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kono et al. (U.S. Publication No. 2014/0365238).
The applied reference has a common assignee (Omron Healthcare Co.) with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
As per claim 1, Kono teaches a sensing data management system comprising:
-a sensing device configured to measure sensing data of a subject (Kono: figure 1, 12; para. 30; blood pressure meter);
-a data processing device configured to perform data transmission with the sensing device
via a network (Kono: para. 32; Transmit to the server via the communication unit blood pressure data.); and
-an information communication terminal used by the subject and configured to perform
communication with the sensing device via the network (Kono: para. 44; Patient terminal),
-wherein the sensing data management system includes:
-a code holder configured to hold, in a readable state, an information code obtained by
encoding at least address information of the sensing device (Kono: para. 33-34; Unique measurement device identification symbol identifying the blood pressure meter.),
-the information communication terminal includes:
-a storage configured to store unique identification information of the subject (Kono: para. 35; para. 43-44; Blood pressure meter associated with individual patients.);
-a reading processing unit configured to read the information code from the code holder (Kono: para. 43; The terminal with a card reading unit.);
And
-a notification information transmission processing unit configured to generate notification information including at least the unique identification information of the subject stored in the storage and transmit the notification information to the sensing device based on the address information included in the information code, in response to a reading operation of the information code (Kono: para. 50; Transmitting and storing the blood pressure data along with patient ID, doctor ID, etc.),
-the sensing device includes:
-a notification information reception processing unit configured to receive and store the
notification information transmitted from the information communication terminal via the
network (Kono: figure 2, 22, 25; para. 32); and
-a sensing data transmission processing unit configured to transmit the sensing data of the
subject to the data processing device together with the unique identification information included
in the notification information (Kono: para. 33; Transmit the record with the identification information.), and
-the data processing device includes:
-a sensing data reception processing unit configured to receive the sensing data and the
unique identification information transmitted from the sensing device via the network and hold the sensing data in association with the unique identification information (Kono: para. 38; Server including a storage unit stores types of data.).
As per claim 2, the system of claim 1 is as described. Kono further teaches wherein the code holder is a printed medium where the information code is displayed in a state of being optically readable by the information communication terminal (Kono: para. 36).
As per claim 3, the system of claim 1 is as described. Kono further teaches wherein the code holder is a wireless tag that outputs the information code as a wireless signal readable by the information communication terminal (Kono: para. 36).
As per claim 4, Kono teaches an information communication terminal used in a system including a sensing
device configured to measure sensing data of a subject, the data processing device configured to
perform information communication with the sensing device via a network, the information
communication terminal configured to perform information communication with the data
processing device via the network, and a code holder configured to hold, in a readable state, an
information code obtained by encoding at least address information of the sensing device, the
information communication terminal comprising:
-a storage configured to store unique identification information of the subject (Kono: para. 37; Patient table uniquely identifying patient ID.);
-a reading processing unit configured to read the information code from the code holder (Kono: para. 37; Card identification symbol is read by the system.); and
-a notification information transmission processing unit configured to generate notification
information including at least the unique identification information of the subject stored in the
storage and transmit the notification information generated to the sensing device based on the
address information included in the information code, in response to a reading operation of the
information code (Kono: para. 50; Transmitting and storing the blood pressure data along with patient ID, doctor ID, etc.).
As per claim 6, Kono teaches a sensing device used in a system including the sensing device configured to
measure sensing data of a subject, a data processing device configured to perform data
transmission with the sensing device via a network, and an information communication terminal
used by the subject and configured to perform communication with the sensing device via the
network, the sensing device comprising:
-an information code output processing unit configured to output an information code obtained by encoding at least address information of the sensing device in a state of being readable by the information communication terminal in association with a measurement operation of the sensing data (Kono: para. 37; Card carried by patient associated with a patient table including address information. The card is readable by the system.);
-a notification information reception processing unit configured to receive and store notification information transmitted, based on the information code, from the information communication terminal via the network, the notification information including at least unique identification information of the subject (Kono: para. 42; Displaying data created by the distribution server.); and
-a sensing data transmission processing unit configured to transmit the sensing data of the subject to the data processing device together with the unique identification information included in the notification information (Kono: para. 37-39; Control unit with a communication unit upon receiving measurement information associating with a patient ID.).
As per claim 7, the device of claim 6 is as described. Kono further teaches wherein the information code output processing unit causes a display unit of the sensing device to display the information code in a state of being optically readable by the information communication terminal (Kono: para. 43; Card reading unit of a terminal is used to read card identification symbol.).
As per claim 8, the device of claim 6 is as described. Kono further teaches wherein the information code output processing unit ends an output of the information code when a first time set in advance elapses after an output of the information code is started or when the notification information transmitted from the information communication terminal is received (Kono: para. 32; para. 39; The server confirms and transmits necessary data to the terminal.).
As per claim 9, the device of claim 6 is as described. Kono further teaches wherein if measurement of the sensing data is not performed within a second time set in advance from a time point when the notification information is stored, the notification information reception processing unit deletes the notification information stored (Kono: para. 32; Measurements stored temporarily until transmitted.).
As per claim 10, the device of claim 6 is as described. Kono further teaches wherein if re-measurement of the sensing data is not performed within a third time set in advance after the transmission of the sensing data is ended, the notification information reception processing unit deletes the notification information stored (Kono: para. 32; Measurements stored temporarily until transmitted.).
As per claim 11, Kono teaches a sensing data transmission method executed by a system including a sensing device configured to measure sensing data of a subject, a data processing device configured to perform data transmission with the sensing device via a network, and an information communication terminal used by the subject and configured to perform communication with the sensing device via the network, the sensing data transmission method comprising:
-reading, by the information communication terminal, an information code obtained by encoding at least address information of the sensing device (Kono: para. 37; The card associated with the measurement device and encoded with address information associated with the patient.);
-by the information communication terminal, generating notification information including at least unique identification information of the subject stored in advance and transmitting the notification information to the sensing device based on the address information included in the
information code, in response to a reading operation of the information code (Kono: para. 38; The server displaying multiple data including data from the patient table that includes measurement data and address information.);
-receiving and storing, by the sensing device, the notification information transmitted from the information communication terminal via the network (Kono: para. 39); and
-transmitting, by the sensing device, the sensing data of the subject to the data processing device together with the unique identification information included in the notification information (Kono: para. 38-39).
As per claim 12, Kono teaches a recording medium for causing a processor included in the information communication terminal according to claim 4 to perform processing of each of the processing units included in the information communication terminal (Kono: figure 4).
As per claim 13, Kono teaches a recording medium for causing a processor included in the sensing device according to claim 6 to perform processing of each of the processing units included in the sensing device (Kono: figure 4).
As per claim 14, Kono teaches a sensing data management system comprising:
-a sensing device configured to measure sensing data of a subject (Kono: figure 1, 12; para. 30; blood pressure meter);
-a data processing device configured to perform data transmission with the sensing device via a network (Kono: para. 32; Transmit to the server via the communication unit blood pressure data.); and
-an information communication terminal used by the subject and configured to perform communication with the sensing device via the network (Kono: para. 44; terminal),
-wherein the sensing data management system includes:
-a code holder configured to hold, in a readable state, an information code obtained by
encoding at least individual identification information of the sensing device and address
information of the data processing device (Kono: para. 33-34; Unique measurement device identification symbol identifying the blood pressure meter.),
-the information communication terminal includes:
-a storage configured to store unique identification information of the subject (Kono: para. 35; para. 43-44; Blood pressure meter associated with individual patients.);
-a reading processing unit configured to read the information code from the code holder (Kono: para. 43; The terminal with a card reading unit.);
and
-a first notification information transmission processing unit configured to generate first
notification information including at least the individual identification information of the sensing
device included in the information code and the unique identification information of the subject
stored in the storage and transmit the first notification information to the data processing device
based on the address information included in the information code, in response to a reading
operation of the information code (Kono: para. 50; Transmitting and storing the blood pressure data along with patient ID, doctor ID, etc.),
-the data processing device includes:
-a processing unit configured to receive the first notification information transmitted from
the information communication terminal via the network (Kono: para. 38; The server receiving information from the terminals.); and
-a processing unit configured to acquire the address information of the sensing device
associated in advance with the individual identification information of the sensing device included in the first notification information and transmit second notification information including at least the unique identification information of the subject included in the first notification information to the sensing device based on the address information of the sensing device (Kono: para. 38; The server receiving information being associated with patient table holding patient’s ID and address information.), and
-the sensing device includes:
-a reception processing unit configured to receive and store the second notification information transmitted from the data processing device via the network (Kono: para. 32); and
-a sensing data transmission processing unit configured to transmit the sensing data of the
subject to the data processing device together with the unique identification information of the subject included in the second notification information (Kono: para. 32-33).
As per claim 15, Kono teaches a sensing data management system comprising:
-a sensing device configured to measure sensing data of a subject (Kono: figure 1, 12; para. 30; blood pressure meter);
-a data processing device configured to perform data transmission with the sensing device
via a network (Kono: para. 32; Transmit to the server via the communication unit blood pressure data.); and
-an information communication terminal used by the subject and configured to perform
communication with the sensing device via the network (Kono: para. 44; terminal),
-wherein the sensing data management system includes:
-a code holder configured to hold, in a readable state, an information code obtained by
encoding at least individual identification information of the sensing device and address
information of the data processing device (Kono: para. 33-34; Unique measurement device identification symbol identifying the blood pressure meter.),
-the information communication terminal includes:
-a storage configured to store unique identification information of the subject (Kono: para. 35; para. 43-44; Blood pressure meter associated with individual patients.);
-a reading processing unit configured to read the information code from the code holder (Kono: para. 43; The terminal with a card reading unit.);
And
-a notification information transmission processing unit configured to generate notification information including at least the individual identification information of the sensing device included in the information code and the unique identification information of the subject stored in the storage and transmit the notification information to the data processing device based on the address information included in the information code, in response to a reading operation of the information code (Kono: para. 38; The server receiving information being associated with patient table holding patient’s ID and address information. Information encoded on a card.),
-the sensing device includes:
-a sensing data transmission processing unit configured to transmit the sensing data of the subject to the data processing device together with the individual identification information of the sensing device (Kono: para. 33; Transmit the record with the identification information.), and
-the data processing device includes:
-a processing unit configured to receive the notification information transmitted from the
information communication terminal via the network (Kono: para. 38-39);
-a sensing data reception processing unit configured to receive the sensing data transmitted from the sensing device and the individual identification information of the sensing device via the network (Kono: para. 38; Server including a storage unit stores types of data.); and
-a sensing data reception processing unit configured to determine whether the individual
identification information of the sensing device included in the notification information matches
the individual identification information of the sensing device received together with the sensing
data when the notification information and the sensing data are received within a predetermined
period and associate the sensing data with the unique identification information of the subject
included in the notification information if the individual identification information of the sensing
device included in the notification information is determined to match the individual identification information of the sensing device received together with the sensing data (Kono: para. 39).
As per claim 17, Kono teaches a recording medium for causing a processor included in the sensing device according to claim 7 to perform processing of each of the processing units included in the sensing device (Kono: figure 4).
As per claim 18, Kono teaches a recording medium for causing a processor included in the sensing device according to claim 8 to perform processing of each of the processing units included in the sensing device (Kono: figure 4).
As per claim 19, Kono teaches a recording medium for causing a processor included in the sensing device according to claim 9 to perform processing of each of the processing units included in the sensing device (Kono: figure 4).
As per claim 20, Kono teaches a recording medium for causing a processor included in the sensing device according to claim 10 to perform processing of each of the processing units included in the sensing device (Kono: figure 4).
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.
Claims 5 and 16 are rejected under 35 U.S.C. 103 as being obvious over Kono et al. (U.S. Publication No. 2014/0365238) in view of Bychkobv (WO 2020/161709).
The applied reference has a common assignee (Omron Healthcare Co.) with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
As per claim 5, the terminal of claim 4 is as described. Kono does not teach the following, however, Bychkov teaches further comprising
-a position information measurement processing unit configured to measure position information corresponding to an installation location of the sensing device in conjunction with reading processing of the information code (Bychkov: pg. 27, 5-12; Parameter values associated with metadata including sensor type and location measured by GPS.),
-wherein the notification information transmission processing unit generates the notification information including the unique identification information stored in the storage and the position
information and transmits the notification information to the sensing device based on the address
information included in the information code (Bychkov: pg. 27, 13-20; Forward the medical data including the metadata.).
One of ordinary skill in the art would have recognized that applying the known technique of Bychkov would have yielded predictable results and resulted in an improved system. It would have been recognized that applying the technique of Bychkov to the teachings of Kono would have yielded predictable results because the level of ordinary skill in the art demonstrated by the references applied shows the ability to incorporate such features into similar systems. Further, applying sensor address information to Kono teaching sensor measurements would have been recognized by those of ordinary skill in the art as resulting in an improved system that would provide a system that provides flexibility and proper efficient treatment to patients (Bychkov: pg. 1).
As per claim 16, Bychkov teaches a recording medium for causing a processor included in the information communication terminal according to claim 5 to perform processing of each of the processing units included in the information communication terminal (Bychkov: pg. 27, 13-25).
The motivation to combine the teachings is same as claim 5.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Atkin – U.S. Publication No. 2022/0104710 – Teaches a blood measurement unit.
Gum – U.S. Publication No. 2018/0054710 – Teaches a system for providing health alerts being associated with location.
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/SHEETAL R PAULSON/Primary Examiner, Art Unit 3681