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
This Office Action is in response to Application’s amendment/response filed on 12/24/2025, which has been entered and made of record.
No claims have been added.
No claims have been cancelled.
The objection to claim 7 has been withdrawn.
Claims 1-13 are pending in this application.
Response to Arguments
Applicant’s arguments with respect to claim 1 regarding the newly-added limitations of collectively displaying first vital signs information in a first area and collectively displaying second vital signs information in a second area and displaying both areas simultaneously have been fully considered but are moot in view of the new grounds of rejection represented in this Office Action. Note that emphasis drawn to reference Kayser et al. (US 20190336085 A1) as teaching the newly added limitations (see 103 rejection below).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-5, 7-9 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Utsunomiya et al. (US 20190029610 A1)(Hereinafter referred to as Utsunomiya) in view of Kayser et al. (US 20190336085 A1)(Hereinafter referred to as Kayser).
Regarding Claim 1, Utsunomiya discloses A display data generation apparatus comprising: an input interface configured to receive vital signs information on a subject; (See [0035], “Specifically, the medical information processing apparatus 100 includes interface (I/F) circuitry 110, a memory 120, an input interface 130, a display 140 and processing circuitry 150.” Further see [0039], “The input interface 130 and the display 140 may be integrated. For example, the input interface 130 and the display 140 are realized by a touch panel.” Lastly, see [0041], “. . . executing the program, the processing circuitry 150 reads the vital data stored in the memory 120 and displays the vital data on the display 140.”)
one or more processors; and one or more memories configured to store at least one instruction to be executed by the processor, wherein, in a case where the at least one instruction is executed by the processor, (See [0035], “Specifically, the medical information processing apparatus 100 includes interface (I/F) circuitry 110, a memory 120, an input interface 130, a display 140 and processing circuitry 150.”)
the display data generation apparatus generates display data, and (See [0041], “. . . executing the program, the processing circuitry 150 reads the vital data stored in the memory 120 and displays the vital data on the display 140.”)
wherein the display data includes, among the vital signs information received by the input interface: a first vital signs information; and (See Fig. 3A showing vital signs information showing different tabs with different vital signs information.)
a second vital signs information. (See Fig. 3A showing vital signs information showing different tabs with different vital signs information.)
However, Utsunomiya fails to explicitly disclose wherein the display data includes, among the vital signs information received by the input interface: a first vital signs information that is used in a determination method for determining a condition of the subject, the first vital signs information being collectively displayed in a first area; and
a second vital signs information that is not used in the determination method, the second vital signs information being collectively displayed in a second area different from the first area, wherein the first area and the second area are simultaneously displayed.
Kayser explicitly teaches a first vital signs information that is used in a determination method for determining a condition of the subject, the first vital signs information being collectively displayed in a first area; and (See Fig. 8 element 266 showing a MEWS window. MEWS is a well-known determination method for determining a condition of a subject. Within that MEWS window are vital signs information such as temperature, heart rate, respiration rate, etc. which are used within the MEWS determination method. Consider these vital signs information to be first vital signs information. Lastly, note that all these first vital signs information are being collectively displayed in the MEWS window (a first area).)
a second vital signs information that is not used in the determination method, the second vital signs information being collectively displayed in a second area different from the first area, wherein the first area and the second area are simultaneously displayed. (See Fig. 8 element 268 showing a SOFA window. Within that SOFA window are vital signs information such as platelets per microlite, milliliters per day, cardiovascular of mean arterial pressure, etc. Note that since these vital signs information are not used within the MEWS determination, they can be considered as second vital signs information. Lastly, all these first vital signs information are being collectively displayed in the SOFA window (a second area) and both the MEWS window and SOFA window (first and second area) are being simultaneously displayed on the interface of Fig. 8.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Utsunomiya with Kayser to include a determination method for determining a condition of the subject as well as the interface layout of a first and second area for displaying first and second vital signs information.
The motivation to combine Utsunomiya with Kayser would have been obvious as both arts are related to medical monitoring and vital signs processing. The benefit of having a determination method such as MEWS is that it can quickly let a health practitioner know the status of a patient based on a specific set of vital signs information. Further, the benefit of using the vital signs interface in Kayser Fig. 8 would be that a health practitioner can quickly see all the vitals at once.
Regarding Claim 2, Utsunomiya in view of Kayser discloses The display data generation apparatus according to claim 1, wherein the display data further includes: normal range information indicating a normal range of the vital signs information set for each piece of the vital signs information; and (See Utsunomiya Fig. 14A showing a display of vital signs information. From this figure, Utsunomiya teaches presenting vital signs information as line on a graph with a timeline.
See Kayser Fig. 8 showing vital signs information in areas 266 and 268 teaching the first and second areas with first and second vital signs information. In combination with Utsunomiya, Kayser’s vital signs information can be modified in a manner as to present the vital signs as a graph with a timeline (instead of the current vital signs numbers) similar to the way Utsunomiya presents them.
Also see Utsunomiya [0115], “The thresholds represent whether the values of vital data are within a normal range. For example, the case illustrated in FIG. 14A represents that “101” and “79” serve as thresholds, a percentage of pulse rate measured values equal to or larger than “101” in the display period is “4.0%” and a percentage of pulse rate measured values equal to or smaller than “79” in the display period is “3.0%”. In other words, by representing the thresholds, the display control function 152 is able to represent to what extent the vital data is within a normal range.”
Lastly see Utsunomiya Fig. 14A showing a Histogram which have the 4% and 3% thresholds. The normal range can be considered as the range between those thresholds. Thus combining this feature of normal ranges and thresholds with Kayser, one can have normal range information for different vital signs.)
abnormal range information indicating an abnormal range of the vital signs information set for each piece of the vital signs information, (See Utsunomiya [0117], “For example, the calculation function 154 calculates a standard deviation for the pulse rate measured values that are measured about the patient P1 and calculates pulse rates corresponding to “+3σ” and pulse rates corresponding to “−3σ” as thresholds. The display control function 152 is able to represent, to the operator, a measured value out of a range “±3σ” as an abnormal value resulting from an error in measurement or input.”
Also see Utsunomiya Fig. 14A showing a display of vital sign information. On the right side, there is a Histogram which have the 4% and 3% thresholds. The abnormal range can be considered as the range outside those thresholds.)
at least one of the first area or the second area includes a unified range, the unified range being based on the normal range information and the abnormal range information corresponding to each piece of the vital signs information, (See Utsunomiya Fig. 14A showing a histogram that contains both the normal and abnormal range information and thus corresponds to a “a unified range”.
In combination with Kayser which teaches the first and second areas, see Fig. 8 element 266 and element 268, since this histogram is shown on the same interface as the vital signs information, then it would be obvious to also include it in the corresponding areas and thus the histogram (unified range) can be included in at least one of the first or second area.)
at least two pieces of the vital signs information are collectively displayed in the unified range in at least one of the first area or the second area. (See Utsunomiya Fig. 14A showing a histogram that contains both the normal and abnormal range information and thus corresponds to a “a unified range”.
See Kayser Fig. 8 element 266 and element 268 showing at least two pieces of the vital signs information. In combination, since this histogram in Utsunomiya is shown on the same interface as the vital signs information, then it would be obvious to also include it in the corresponding areas of Kayser and thus the histogram (unified range) can be considered as being a part of the first or second area. The motivation to combine would have been similar to that of Claim 1 rejection motivation.)
Regarding Claim 3, Utsunomiya in view of Kayser discloses The display data generation apparatus according to claim 2, wherein at least two pieces of the vital signs information are collectively displayed in the unified range in the second area. (See Utsunomiya Fig. 14A showing a histogram that contains both the normal and abnormal range information and thus corresponds to a “a unified range”.
See Kayser Fig. 8 element 266 and element 268 showing at least two pieces of the vital signs information. In combination, since this histogram in Utsunomiya is shown on the same interface as the vital signs information, then it would be obvious to also include it in the corresponding areas of Kayser and thus the histogram (unified range) can be considered as being a part of the first or second area. Thus in one scenario, one can have at least two pieces of the vital signs information be collectively displayed in the unified range in the second area. The motivation to combine would have been similar to that of Claim 1 rejection motivation.)
Regarding Claim 4, Utsunomiya in view of Kayser discloses The display data generation apparatus according to claim 1, wherein the display data includes a third area different from the first area and the second area, (See Kayser Fig. 8 showing element 274 (a third area different from the first area and the second area).)
at least one of the first area or the second area is configured to display a vital graph of the vital signs information, the vital graph extending on a timeline, and (See Utsunomiya Fig. 14A showing a display of vital signs information. From this figure, Utsunomiya teaches presenting vital signs information as line on a graph with a timeline.
See Kayser Fig. 8 showing vital signs information in areas 266 and 268 teaching the first and second areas with first and second vital signs information. In combination with Utsunomiya, Kayser’s vital signs information can be modified in a manner as to present the vital signs as a graph with a timeline (instead of the current vital signs numbers) similar to the way Utsunomiya presents them.)
the third area is configured to display vital signs information obtained at a specific time selected freely, among the vital signs information displayed in the first area and the second area. (See Utsunomiya Fig. 14A showing an area R5 which allows a user to select a unit of time for displaying vital sign information. In combination with Kayser which teaches the third area, it would be obvious to have the third area be configurable to display vital signs information obtained at a specific time selected by a user. The motivation to combine would have been similar to that of Claim 1 rejection motivation.)
Regarding Claim 5, Utsunomiya in view of Kayser discloses The display data generation apparatus according to claim 4, wherein the third area is configured to display all pieces of the vital signs information obtained at the specific time. (See Utsunomiya Fig. 2 showing for Patient P1, a table which displays all pieces of the vital signs information obtained at the specific time of 9:15. Also see Kayser Fig. 27 also display all pieces of the vital signs information obtained at the specific time.
In this case, the third area in Kayser Fig. 8 can be modified to present vital signs information in a similar manner as to Utsunomiya Fig. 2 and Kayser Fig. 27 and thus display all pieces of the vital signs information obtained at the specific time. The motivation to combine would have been similar to that of Claim 1 rejection motivation.)
Regarding Claim 7, Utsunomiya in view of Kayser discloses The display data generation apparatus according to claim 1, wherein the display data further includes condition information, that the condition information indicating a condition of the subject, (See Kayser Fig. 8 showing a MEWS score in box 230. In this case, a MEWS score corresponds to condition information.)
the condition information being generated based on the first vital signs information used in the determination method. (See Kayser [0176], “Box 230 and up arrow icon 232 appear at the left side of window 266. To the right of box 230 and icon 232 in window 266, various vital signs information that relate to or contribute to the MEWS score are shown.” The motivation to combine would have been similar to that of Claim 1 rejection motivation.)
Regarding Claim 8, Utsunomiya in view of Kayser discloses The display data generation apparatus according to claim 7, wherein the condition information is displayed above the first vital signs information used in the determination method and the second vital signs information not used in the determination method, (See Kayser Fig. 8 showing a MEWS score in box 230 (condition information), which is displayed left of the first vital signs information and above the second vital signs information. Note that the positioning of the MEWS score is trivial and can easily be modified by someone of ordinary skill in the art to be above both the first and second vital signs information instead of being left of it.
It should be noted that Kayser Figs. 28 and 29 showing an Early Warning Score, which is a for the MEWS determination method, see Kayser [0070], placed above the first vital signs information. Note that even though the interface is not that of Fig. 8, this just shows that having the score be placed above the vital signs information is a trivial modification.)
and the first vital signs information used in the determination method is displayed above the second vital signs information not used in the determination method. (See Kayser Fig. 8 showing element 266 (first vital signs information) displayed above element 268 (second vital signs information). The motivation to combine would have been similar to that of Claim 1 rejection motivation.)
Regarding Claim 9, Utsunomiya in view of Kayser discloses The display data generation apparatus according to claim 1, wherein the display data further includes determination method information indicating the determination method to be used, and (See Fig. Kayser 8 show the text of MEWS which can be considered as “determination method information indicating the determination method to be used”.)
the first area is configured to display vital signs information that is used in the determination method indicated by the determination method information. (See Utsunomiya [0050] teaching the idea displaying multiple types of vital data in which the user can specify the type of vital data to be display. In combination with Kayser, it would be obvious to a user using a well-known determination method like MEWS to select and display only the types needed within a first area. The motivation to combine would have been similar to that of Claim 1 rejection motivation.)
Regarding Claim 12, Utsunomiya in view of Kayser discloses A display data generation method executed by a display data generation apparatus, the display data generation method including: (See Utsunomiya [0004], “A method of plotting vital data in association with a time axis and displaying the vital data in time series . . .”)
generating display data, the display data including, among vital signs information on a subject: a first vital signs information that is used in a determination method for determining a condition of the subject, the first vital signs information being collectively displayed in a first area; and a second vital signs information that is not used for the determination method, the second vital signs information being collectively displayed in a second area different from the first area, wherein the first area and the second area are simultaneously displayed. (The above limitations are similar to the limitations of Claim 1 and are therefore rejected under a similar rationale as those of Claim 1.)
Regarding Claim 13, Utsunomiya in view of Kayser discloses A non-transitory computer readable storage medium storing a computer program comprising instructions which, when executed by one or more processors provided in a display data generation apparatus, cause the display data generation apparatus to: (See Utsunomiya [0035], “Specifically, the medical information processing apparatus 100 includes interface (I/F) circuitry 110, a memory 120, an input interface 130, a display 140 and processing circuitry 150.”)
generate display data, the display data including, among vital signs information on a subject: a first vital signs information that is used for a determination method for determining a condition of the subject, the first vital signs information being collectively displayed in a first area; and a second vital signs information that is not used for the determination method, the second vital signs information being collectively displayed in a second area different from the first area, where in the first area and the second area are simultaneously displayed. (The above limitations are similar to the limitations of Claim 1 and are therefore rejected under a similar rationale as those of Claim 1.)
Allowable Subject Matter
Claims 10-11 allowed.
The following is an examiner’s statement of reasons for allowance:
Claim 10 recites the limitations of wherein the display data includes, among the vital signs information received by the input interface: a first vital signs information that is used in a determination method for determining a condition of the subject, the first vital signs information being displayed in a first area; and a second vital signs information that is not used in the determination method, the second vital signs information being displayed in a second area different from the first area wherein the display data includes candidate determination method information indicating the determination method that is selectable and is not used. Specifically, the limitation of wherein the display data includes candidate determination method information indicating the determination method that is selectable and is not used is what renders the claim and its dependent claims, novel and non-obvious as the prior art of record does not disclose or render obvious, the combination of elements recited in the claims as a whole.
Claim 11 is dependent upon a Claim 10 and is thus also allowable.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Claim 6 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 6, the cited prior art does not disclose or render obvious the combination of elements cited in the claims as a whole. Specifically, the cited prior art fails to disclose or render obvious the limitations: wherein the third area is configured to display only the vital signs information used in the determination method, among the vital signs information obtained at the specific time. Thus Claim 6 contains allowable subject matter.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANG G HUYNH whose telephone number is (571)272-5432. The examiner can normally be reached Mon-Thu 7:30am-4:30pm EST | Fri 7:30am-11:30am EST.
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/KEE M TUNG/Supervisory Patent Examiner, Art Unit 2611
/T.G.H./Examiner, Art Unit 2611