Notice of Pre-AIA of 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 .
DETAILED ACTION
This communication is in response to: Application filed on January 8th, 2024
Claims 1-20 are pending claims.
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 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 1–7, 15–20 are rejected under 35 U.S.C. §103 as being unpatentable over Gilman et al., US PG PUB# 2008/0249830 A1, (hereinafter Gilman) in view of Narayanaswamy, US PG PUB# 2011/0149809 A1 (hereinafter Narayanaswamy).
As for independent claim 1:
Gilman discloses a computer-readable device for a pharmaceutical representative (PR) to interface with a health care provider (HCP) via electronic communications about a medication, the device comprising non-transitory instructions, which, when executed by a processor, cause the processor to perform operations, the operations comprising (0033, 0034):
receiving an electronic communication identifying an HCP, a medication, and an electronic address for communicating with the HCP (0048, 0055, Gilman discloses vendor input medications to use the system along with physicians’ information);
responsive to receiving the electronic communication, generating a first graphical user interface (GUI) configured for scheduling an electronic meeting between the HCP and a PR, the first GUI comprising at least (1) a field for populating with an identity of the PR, (2) a field for populating with an identity of the HCP, (3) a field for populating with the medication, (4) a field for populating with a time for a meeting between the PR and the HCP (0045, 0049, 0055, Gilman discloses a user interface that is configured to schedule a meeting (date, time) between vendor and client through emails and alerts along with identifying physicians and sending notifications) ;
responsive to at least each of the four fields being populated, transmitting to the HCP an invitation to an electronic meeting between the HCP and the PR (see invitations as disclosed by Gilman in 0055);
Gilman does not disclose creating an electronic meeting environment in which the PR and HCP may conduct the scheduled electronic meeting, the environment including at least capabilities for audio and video communication between the HCP and the PR via a communication network, capability for uploading files for the meeting, and file sharing capabilities, recording the meeting, including recording at least audio of the meeting, video of the meeting, files uploaded in the meeting, files downloaded by the HCP in the meeting, and an identity of each participant in the meeting; storing in a database at least the time of the meeting, a duration of the meeting, an identity of the medication, the participants in the meeting, the files uploaded in the meeting, and the files downloaded by the HCP in the meeting; and searching the database by any one or more of the fields. Narayanaswamy discloses creating an electronic meeting environment in which the PR and HCP may conduct the scheduled electronic meeting, the environment including at least capabilities for audio and video communication between the HCP and the PR via a communication network, capability for uploading files for the meeting, and file sharing capabilities; recording the meeting, including recording at least audio of the meeting, video of the meeting, files uploaded in the meeting, files downloaded by the HCP in the meeting, and an identity of each participant in the meeting; storing in a database at least the time of the meeting, a duration of the meeting, an identity of the medication, the participants in the meeting, the files uploaded in the meeting, and the files downloaded by the HCP in the meeting; and searching the database by any one or more of the fields in 0042, 0046, 0048, 0059, 0086, 0094-0095. In the cited sections, Narayanaswamy discloses recording audio/video meeting session where the recording includes inputs from each participants by receiving audio and video streams and desktop sharing, Narayanaswamy further discloses a database server that stores orders and licensing status for virtual meeting features along with a CRM application server. Accordingly it would have been obvious before the effective filing date of the claimed invention to a skilled artisan to modify the method of Gilman to incorporate the teaching of Narayanaswamy of sharing files and virtual meeting application, thus allow user to have a video conference meeting and view desktop screen and receive files from other users plus a recording meeting function (Narayanaswamy 0037, 0059).
As for dependent claim 2:
Gilman - Narayanaswamy discloses device of claim 1 wherein the electronic address comprising at least one of an email address and a telephone number and wherein the electronic communication comprises at least one of an email and a text message (Gillman, 0055; Narayanaswamy, 0065. Gilman discloses notifications sent via email and on-site alert; Narayanaswamy discloses notifications via email, SMS, calendar and voicemail).
As for dependent claim 3:
Gilman - Narayanaswamy discloses device of claim 1 wherein the operation of recording the meeting further comprises recording at least one of the start time of the meeting, the end time of the meeting, an advertising campaign corresponding to the medication, a medical condition relevant to the medication, a time at which each file was uploaded during the meeting and by which meeting participant, a time at which each file was shared during the meeting and by which meeting participant, a time at which each instance of screen sharing occurred during the meeting and by which participant, a time at which each file was downloaded by the HCP and an identity of the downloading HCP (Narayanaswamy, 0083, discloses past meetings section display start time, end time, duration. 0037 and 0095, shows sharing files and recording data can be accessed at a later date).
As for dependent claim 4:
Gilman - Narayanaswamy discloses device of claim 3 wherein the operation of storing further comprises storing in the database at least one of the start time of the meeting, the end time of the meeting, an advertising campaign corresponding to the medication, a medical condition relevant to the medication, a time at which each file was uploaded during the meeting and by which meeting participant, a time at which each file was shared during the meeting and by which meeting participant, a time at which each instance of screen sharing occurred during the meeting and by which participant, a time at which each file was downloaded by the HCP and an identity of the downloading HCP (Gilman, 0027-0028, Narayanaswamy, 0037, 0083, 0095, storing meeting data, screen sharing data, file sharing).
As for dependent claim 5:
Gilman- Narayanaswamy discloses device of claim 1 wherein the operations further comprise: generating a user interface after the meeting is ended in which the PR can enter additional fields of information including at least one of (1) an identity of any literature requested during the meeting, (2) whether the HCP requested a sample of the medication, and (3) whether the PR offered any patent financial assistance offers to the HCP (Gilman, 004-0047, see inputting description and date. Narayanaswamy discloses a CRM which has customer information and tracking in 0092. An Office notice is taken that adding a post visit reports after the meetings have ended is well known in the pharmaceutical sales industry. CRM system provides electronic forms and user interface for such events and follow up items. The limitations would have been obvious to a skilled artisan before the effective filing date of the claimed invention.
As for dependent claim 6:
Gilman- Narayanaswamy discloses device of claim 1 wherein the operations further comprise: providing capabilities to search the database for meetings by any of the fields (Gilman, 0050 and Narayanaswamy, 0083, 0092, discloses CRM and queries for account data).
As for dependent claim 7:
Gilman- Narayanaswamy discloses device of claim 1 wherein the electronic communication further comprises an indication of whether the HCP is requesting a sample of the medication (Gilman, 0012 and 0048, discloses system is configured to receive same requests by the client and vendor).
As for independent claim 15:Claim 15 contains substantial subject matter as claimed in claim 1 and is respectfully rejected along the same rationale.
As for dependent claims 16-20:Claims 16-20 contain substantial subject matter as claimed in claims 2-6 and are respectfully rejected along the same rationale.
Claims 8-14 are rejected under 35 U.S.C. §103 as being unpatentable over Gilman in view of Narayanaswamy and further in view of Shubov et al., US PG PUB# 2002/0038233 A1 (hereinafter Shubov).
As for independent claim 8:
Gilman and Narayanaswamy discloses computer-readable device for a pharmaceutical representative (PR) to interface with a health care provider (HCP) via electronic communications about a medication, the device comprising non-transitory instructions, which, when executed by a processor, cause the processor to perform operations, the operations comprising (Gilman, 0002 and 0033):
generating a graphical user interface in which a health care provider (HCP) may select a medication and request to be contacted by a pharmaceutical representative (PR) about the medication (0012, 0048, Gilman teaches client request samples from vendors and vendor input the medications they carry; Narayanaswamy, 0092);
Gilman - Narayanaswamy does not disclose responsive to the request, searching a first database of PRs and the medications the PRs are permitted to represent to identify a PR suitable to the request as a function of at least the selected medication; generate an electronic communication identifying the requesting HCP and the selected medication; and transmitting the electronic communication to the identified PR. Shubov discloses responsive to the request, searching a first database of PRs and the medications the PRs are permitted to represent to identify a PR suitable to the request as a function of at least the selected medication; generate an electronic communication identifying the requesting HCP and the selected medication; and transmitting the electronic communication to the identified PR in 0011, 0014-0015, 0138. In the cited sections Shubov discloses a user interface allowing consumers to describe the service needed and a matching system for consumer’s requested service and qualified providers with notifications. Accordingly it would have been obvious before the effective filing date of the claimed invention to a skilled artisan to modify the device of Gilman and Narayanaswamy to incorporate the teaching of Shubov automated provider matching workflow, thus allow consumer to select a service category and the system automatically searches a providers database and identify a qualified providers (Shubov, 0008-0010, 0138).
As for dependent claim 9:
Gilman- Narayanaswamy-Shubov discloses device of claim 8 wherein the device is integrated in an Electronic Prescription Dispensing System (EPDS) (Narayanaswamy, 0092, discloses database and tracking account data).
As for dependent claim 10:
Gilman- Narayanaswamy-Shubov discloses device of claim 9 wherein the operations further comprise: searching a second database of HCPs and at least their geographic locations to determine a geographic location of the requesting HCP; and wherein the identifying the suitable PR is further based on a geographic location of the HCP (Gilman, 0047, 0050, discloses zip code search tools for finding providers; Shubov, 0011, 0138-0139, discloses matching system that calculate distances between consumer and provides in the same geographic location).
As for dependent claim 11:
Gilman- Narayanaswamy-Shubov discloses device of claim 9 wherein the operations further comprise: searching a second database of HCPs and at least their geographic locations to determine a geographic location of the requesting HCP; and wherein the first database includes a geographic location that each PR covers and whether identifying the suitable PR is further based on the geographic location that each PR covers (Gilman, 0050, 0054, discloses clients are assigned to vendors by territory and notifications are sent to sales representatives for that area; Shubov, 0011, 0041, 0139, see matching consumer and providers).
As for dependent claim 12:
Gilman- Narayanaswamy-Shubov discloses device of claim 8 wherein the operation of generating the graphical user interface in which the HCP may select a medication and request to be contacted by a PR about the medication comprises displaying a list of featured medications (Gilman, 0050, 0054, and Narayanaswamy, 0092, see CRM and database storing account information).
As for dependent claim 13:
Gilman- Narayanaswamy-Shubov discloses device of claim 12 wherein the featured medications are based on at least one of statistics as to a prevalence of use of a medication, statistics as to a prevalence of patient inquiries about a medication, a geographic location of the HCP, a prevalence of a medical condition, novelty of a medication, sponsorship of a medication by a pharmaceutical company, and current events (Gilman, 0048 and 0050, see medication and tracking preference).
As for dependent claim 14:
Gilman- Narayanaswamy-Shubov discloses method of claim 8 wherein the operations further comprise: generating a graphical user interface indicating to the requesting HCP that a request for a meeting has been transmitted to a PR (Gilman, 0051, discloses booked appointments and vendor schedules and Shubov, 0010, consumer can view and modify the posted case through a user interface).
It is noted that any citation to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)).
The Examiner notes MPEP § 2144.01, that quotes In re Preda, 401 F.2d 825,159 USPQ 342, 344 (CCPA 1968) as stating “in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom.” Further MPEP 2123, states that “a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art, including nonpreferred embodiments. Merck & Co. v. Biocraft Laboratories, 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID PHANTANA ANGKOOL whose telephone number is (571) 272-2673. The examiner can normally be reached M-F, 7:00-3:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, can Adam Queler be reached on 571-272-4140. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/David Phantana-angkool/Primary Examiner, Art Unit 2172
Prosecution Insights