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 .
Priority
In the response filed on 26 November 2025, the following has occurred: claims 1, 7-8, 10-11 and 13 have been amended; claim 6 has been canceled.
Now claims 1-5 and 8-17 are pending.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
a remote service and/or management unit in claims 11
at least one wearable or portable processing unit in claims 11
a communication unit in claims 11
The Examiner notes the various units are being read as generic off-the-shelf processors (i.e., CPUs) implementing the various units as described in paragraphs [0047]-[0049] and [0067]-[0069].
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 17 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 17 recites the limitation "the univocal device ID" in line 13. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-5 and 8-17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claims 1 and 11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite system and method for providing remote service and management for a medical diagnostic device. The limitations of:
Claim 1, which is representative of claim 11
[…] remote service and management […] comprising: […] acquire and/or process and/or [… save …] medical image data and/or medical non-image data chosen from a magnetic resonance imaging (MRI) system, a computed tomography (CT) imaging system, conventional and digital x-ray system, a positron emission tomography (PET) system, and an ultrasound system; […] carrying out service and/or management tasks […], the service and/or management tasks being carried out automatically or upon request; a communication […] being provided […] for exchanging the data for starting a connection […] and for exchanging data for executing the said service tasks and/or management tasks […]; the said communication […] comprising: […]; […] a corresponding user or service person, […], configured to communicate […]; wherein the wearable and/or portable unit comprises a processor, memories for storing the control software of the wearable or portable unit itself and the software for […] carrying out the communication processes […] and with the remote service and/or management station, […] inputting selections and or command, [… providing …] alphanumeric messages and/or images, […] acquiring images […]; […] generate a graphic code, such as a bar code or a QR code in which information is coded that comprises an ID code of the medical diagnostic device and which graphic code is printed […], wherein the graphic code is coded with further information to access streaming data […] […] generates audio files related to hematic flows and […] capturing noises or speeches held by one or more of the operators […], […] code the acoustic signals in audio files, the audio files being associated with one or more images in a […] manner with the content of at least one of the images by a media editor […]; wherein the images are captured […], the patient or an anatomic district of a patient and at least one of the operators of the medical diagnostic device; wherein image data acquired […] is processed […] and also fed to the media editor for being combined in a multimedia representation with the audio files and/or with the images reproducing textual or alphanumeric coded data: […] a media streaming module which can be accessed through a video and audio streaming unit by a client connecting to a communication unit or port […] and [… provided …] according to a video streaming protocol: applications are [… saved …] which, […] carry out reading data […] which is represented by the graphic code: and […] executing a service and/or management operation comprising carrying out a videocall meeting and/or joining a videocall meeting during which images or output data […] can be shared with other users […].
, as drafted, is a system, which under the broadest reasonable interpretation, covers a method of organizing human activity (i.e., managing personal behavior including following rules or instructions) but for recitation of generic computer components. That is, other than reciting a medical diagnostic device having at least one medical diagnostic imaging apparatus with a various processors, a microphone and a camera, an ultrasound device, at least a remote service and/or management unit including a service and/or management device, a communication device, at least one wearable or portable processing unit that is a smartphone with a processor, memory, user interface, display, camera, speaker/microphone and a communication interface, the claimed invention amounts to managing personal behavior or interaction between people, the Examiner notes as stated in 2106.04(a)(2), “certain activity between a person and a computer… may fall within the “certain methods of organizing human activity” grouping”. For example, but for a medical diagnostic device having at least one medical diagnostic imaging apparatus with a various processors, a microphone and a camera, an ultrasound device, at least a remote service and/or management unit including a service and/or management device, a communication device, at least one wearable or portable processing unit that is a smartphone with a processor, memory, user interface, display, camera, speaker/microphone and a communication interface, the claim encompasses a human user providing a remote service and management of a medical instrument by collecting and organizing data by a human user interacting with various generic computer components to organize a videocall between human users. If a claim limitation, under its broadest reasonable interpretation, covers managing personal behavior or interactions between people but for the recitation of generic computer components, then it falls within the “method of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements of at least a medical diagnostic device having at least one medical diagnostic imaging apparatus with a various processors, a microphone and a camera, an ultrasound device, at least a remote service and/or management unit including a service and/or management device, a communication device, at least one wearable or portable processing unit that is a smartphone with a processor, memory, user interface, display, camera, speaker/microphone and a communication interface, which implements the abstract idea. The a medical diagnostic device having at least one medical diagnostic imaging apparatus with a various processors, a microphone and a camera, an ultrasound device, at least a remote service and/or management unit including a service and/or management device, a communication device, at least one wearable or portable processing unit that is a smartphone with a processor, memory, user interface, display, camera, speaker/microphone and a communication interface are recited at a high-level of generality (i.e., a general-purpose computers/ computer component implementing generic computer functions; see Applicant’s specification Figures 2-4, paragraphs [0047]-[0049] and [0067]-[0069]) such that it amounts no more than mere instructions to apply the exception using generic computer components. Accordingly, these additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim recites the additional elements of a medical diagnostic device having at least at least one medical imaging diagnostic apparatus that is an ultrasound system, “store…” and “a communication link… a so called short-range wireless communication protocol… communicate according to a so-called network communication protocol”, “showing” and “synchronized”. The medical diagnostic device having at least at least one medical imaging diagnostic apparatus that is an ultrasound system is recited at a high-level of generality (i.e., an off-the-shelf ultrasound medical instrument; See Applicant’s Specification Figure 1, paragraph [0040]) and amounts to generally linking the abstract idea to a particular technological environment. The “store…” is recited at a high-level of generality (i.e., as a general means of storing data) and amounts to the mere storage of data, which is a form of extra-solution activity. The “a communication link… a so called short-range wireless communication protocol… communicate according to a so-called network communication protocol” steps are recited at a high-level of generality (i.e., as a general means of receiving/transmitting data) and amounts to the mere transmission and/or receipt of data, which is a form of extra-solution activity. The “showing” steps are recited at a high level of generality (simply outputting data on a generic display) and amounts to simply output of data, which is a form of post/extra-solution activity. The “synchronized” steps are recited at a high-level of generality (i.e., as a general means of organizing data by time stamps) and amounts to the organization of data which amounts to generally linking the abstract idea to a particular technological environment. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of additional elements of at least a medical diagnostic device having at least one medical diagnostic imaging apparatus with a various processors, a microphone and a camera, an ultrasound device, at least a remote service and/or management unit including a service and/or management device, a communication device, at least one wearable or portable processing unit that is a smartphone with a processor, memory, user interface, display, camera, speaker/microphone and a communication interface, to perform the noted steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept (“significantly more”).
Also, as discussed above with respect to integration of the abstract idea into a practical application, the additional elements of medical diagnostic device having at least at least o, ne medical imaging diagnostic apparatus that is an ultrasound system, “store…”“a communication link… a so called short-range wireless communication protocol… communicate according to a so-called network communication protocol”, “showing” and “synchronized” were considered extra-solution activity and/or generally linking the abstract idea to particular technological environment. The medical diagnostic device having at least at least one medical imaging diagnostic apparatus that is an ultrasound system has been re-evaluated under the "significantly more" analysis and determined to amount to be well-understood, routine, and conventional elements/functions. As described in Schmidt (20210142895): paragraph [0026]; George (20240203552: paragraph [0065]; Dickie (20190298315): Figure 1, paragraphs [0033]-[0034]; using ultrasound an ultrasound system to capture conventional ultrasound images is well-understood, routine and conventional. The “store…” has been re-evaluated under the “significantly more” analysis and determined to amount to be well-understood, routine, and conventional elements/functions. As described in MPEP 2106.05(d)(II)(iv) “Storing and retrieving information in memory” is well-understood, routine, and conventional. The “a communication link… a so called short-range wireless communication protocol… communicate according to a so-called network communication protocol” steps have been re-evaluated under the “significantly more” analysis and determined to amount to be well-understood, routine, and conventional elements/functions. As described in MPEP 2106.05(d)(II)(i) “Receiving or transmitting data over a network” is well-understood, routine, and conventional. The “showing” has been re-evaluated under the “significantly more” analysis and determined to amount to be well-understood, routine, and conventional elements/functions. As described in Anand (20240079135): Fig. 2, paragraph [0011], [0079]; Alvarez (20220096852): paragraph [0062]; Davoudi (20240423539): paragraph [0181]; Golden (20100292556): fig. 1, paragraph [0098], [0123]; generic presentation of data on a user interface is well-understood, routine, and conventional. The “synchronized” steps has been re-evaluated under the “significantly more” analysis and determined to amount to be well-understood, routine, and conventional elements/functions. As described in Anand (20240079135): paragraph [0090]; Curl (20090282371): paragraphs [0082]-[0085]; Grantcharov (20170249432): paragraphs [0024]-[0027]; synchronization of data is well-understood, routine and conventional. Well-understood, routine, and conventional elements/functions cannot provide “significantly more.” As such the claim is not patent eligible.
Claims 2-5, 7-10 and 12-20 are similarly rejected because either further define the abstract idea and/or do not further limit the claim to a practical application or provide as inventive concept such that the claims are subject matter eligible.
Claims 2-3 and 12-13 further describe the communication protocols used, however communication of data using conventional communication protocols was already considered and incorporated herein.
Claims 4 and 14 recite use of a user ID and password, but do not recite any additional elements, and therefore cannot provide a practical application and/or significantly more.
Claims 5 and 15, recite use of a univocal ID and reading of the ID, but do not recite any additional elements, and therefore cannot provide a practical application and/or significantly more.
Claims 7 and 17, recite use of an application or App being implements by the generic hardware components, but do not recite any additional elements, and therefore cannot provide a practical application and/or significantly more.
Claim 8, further describes the presentation of data, however display of data was already considered above and is incorporated herein.
Claim 9, further describes a videocall (i.e., human activity) between two human users, and does not recite any additional elements, and therefore cannot provide a practical application and/or significantly more.
Claim 10, recites the additional element of “downloading…”, however storage of data was already considered above and is incorporated herein.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-5 and 7-17 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 20100292556 (hereafter “Golden”), in view of U.S. Patent Pub. No. 20190298315 (hereafter “Dickie”), further in view of U.S. Patent Pub. No. 20170249432 (hereafter “Grantcharov”), in further view of U.S. Patent Pub. No. 20210265048 (hereafter “Ekker”).
Regarding (Currently Amended) claim 1, Golden teaches a medical diagnostic device remote service and management system (Golden: paragraph [0002], “methods and systems for managing, controlling and monitoring medical devices via a software application functioning in a secure environment as well as associated networks”, paragraph [0064], “practiced in distributed computing environments where tasks are performed by remote processing devices or services that are linked through a communications network”) comprising:
a medical diagnostic device having at least one medical […] diagnostic apparatus configured to acquire and/or process and/or store medical image data and/or medical non-image data […] (Golden: Figures 1, 4, 6-11, paragraphs [0121]-[0122], “FIG. 4, which depicts hardware and software architectures of embodiments of medical devices 420a, 420b and 420c (collectively referred to as "medical device 420")… The medical devices 420 can receive and transmit data to/from the user device 310 and/or the service platform 230 via the communication sub-network 240… Medical device 420 may comprise any compatible device used in the health and wellness markets. Medical devices generally include sensor and/or control apparatus for monitoring and/or controlling physiological properties or functions such as body chemistry”, paragraph [0125], “the medical device 420 can store and later forward software and/or parameters”, paragraphs [0183]-[0185], “a medical device or user device may be configured to store health records in the device. This may include, for example, any data captured, created, modified, etc. due to any component of the medical environment may be stored in a local health record/database… the actual medical device, perhaps a small body worn device, for example, hosts and runs the application(s)”);
at least a remote service and/or management unit including a service and/or management device for carrying out service and/or management tasks on the at least one medical […] diagnostic apparatus, the service and/or management tasks being carried out automatically or upon request (Golden: Figures 2, 5, 9-10, paragraph [0010], “a service platform”, paragraph [0068], “The service platform 130 is configured to send/receive data to/from the user device 110, the medical device 120 and other devices (not shown but described below), via a wireless or wired communication sub-network”, paragraph [0076], “a service platform 230 that includes an application services module 231 and a medical device managing/monitoring module 233 (e.g., each running on an application server (not shown)). The application services module 231 operates to safely receive, maintain and distribute medical applications that are used by the user device 210 to manage/monitor the medical device… The medical device managing/monitoring module 233 operates to receive/send data from/to various devices in the network 200 in accordance with managing or monitoring a medical device 220”, paragraph [0081], “the service platform 230 could allow a nurse to remotely update the settings of the medical device 220 through a webpage, cloud or back office software that has been integrated into the service platform 230. In an alternative embodiment, the settings could be updated automatically based on a pre-programmed software package that is compatible with the needs of the user/patient's medical device 220”);
a communication link being provided for the at least one medical […] diagnostic apparatus and the at least one remote service and management unit for exchanging the data for starting a connection between the said at least one medical […] diagnostic apparatus and the said at least one remote service and/or management unit and for exchanging data for executing the said service tasks and/or management tasks on the said at least one medical […] diagnostic apparatus (Golden: Figures 1, 4, 6-11, paragraphs [0009]-[0010], “initiating establishment of a communication link from the user device to the medical device, wherein the communication link is configured to facilitate execution of the certified medical application. The method may further include sending, to the medical device, one or more instructions for execution on the medical device to implement a medical control or monitoring function, and the method may further include receiving, from the medical device, a set of data associated with a control or monitoring function implemented on the medical device, and storing, in the secure memory segment, the set of data… The method may further include sending, from the user device, the data associated with operation of the medical device to a service platform. The sending may further include sending a certified medical application to the medical device. The certified medical application may be received at the user device, from a service platform”, paragraph [0064], “practiced in distributed computing environments where tasks are performed by remote processing devices or services that are linked through a communications network. In a distributed computing environment”, paragraph [0068], “The service platform 130 is configured to send/receive data to/from the user device 110”, paragraph [0081], “the service platform 230 could allow a nurse to remotely update the settings of the medical device”);
the said communication link comprising: a communication device at each of the said at least one medical […] diagnostic apparatus (Golden: Figures 1, 4, 6-11, paragraphs [0011]-[0013], “a medical device, comprising: a medical monitoring or control apparatus disposed to monitor or control a patient medical function; a network communication interface”);
at least one wearable or portable processing unit for a corresponding user or service person, the said at least one processing unit being provided with a communication interface, configured to communicate with the communication device of said at least one medical […] diagnostic apparatus (Golden: Figures 1, 4, 6-11, paragraphs [0011]-[0013], “a user device, comprising: one or more processors configured to be coupled to a network communication interface and a medical device communication interface… wherein the user device is configured to communicate with the medical device to facilitate medical device operation”, paragraph [0058], “user devices (e.g., mobile devices such as cellphones and PDAs, netbooks, laptops, computer devices or other similar devices) with some or all of the operational functions of a medical controller or other medical device”, paragraph [0070], “User device 210 further includes one or more processors”);
the communication device of the at least one medical […] diagnostic apparatus and the communication interface of the wearable or portable processing unit being configured to communicate by means of a so called short-range wireless communication protocol (Golden: Figures 1, 4, 6-11, paragraph [0069], “user device 210 includes a medical device communications interface 256 configured to provide a communications connection to one or more medical devices. Interface 256 may comprise a wired or wireless interface, such as USB, Bluetooth, 802.11, ZigBee and/or other similar or equivalent interfaces”);
the wearable or portable processing unit comprising further a communication unit configured to communicate with a communication unit of the at least one remote service and/or management unit (Golden: Figures 1, 4, 6-11, paragraphs [0011]-[0013], “a user device, comprising: one or more processors configured to be coupled to a network communication interface and a medical device communication interface”, paragraph [0068], “The service platform 130 is configured to send/receive data to/from the user device 110”),
the said communication unit of the wearable or portable processing unit and of the at least one service and/or management unit being configured to communicate according to a network communication protocol (Golden: Figures 1, 4, 6-11, paragraph [0073], “communication between the user device 210 and the service platform 230, the communication sub-network 240 may include network infrastructure and communication … including such configurations that make use of wireless transport technologies (e.g., CDMA, GSM/GPRS, EDGE, WCDMA, WiFi, WiMAX, HSxPA, LTE, etc) and other communication services (e.g., Internet Protocol Suite (IPS), Hypertext Transfer Protocol (HTTP), Secure Socket Layer (SSL), etc).”);
wherein the wearable and/or portable unit comprises a processor, memories for storing the control software of the wearable or portable unit itself and the software for carrying out the communication processes with the medical diagnostic device and with the remote service and/or management station, a user interface for inputting selections and or command, a display interface for showing alphanumeric messages and/or images, a camera for acquiring images and optionally at least one loudspeaker and/or a microphone (Golden: Figures 1-2, 4, 6-11, paragraphs [0011]-[0013], “a user device, comprising: one or more processors… a memory coupled to the one or more processors”, paragraph [0058], “user devices (e.g., mobile devices such as cellphones and PDAs, netbooks, laptops, computer devices or other similar devices)”, paragraphs [0069]-[0070], “User device 210 includes one or more visual displays… user device 210 includes a user I/O interface 258 that may include a keypad, touchscreen, mouse or other user interface element configured to allow a user to interact with the user device 210 and with one or more applications executing on the user device 210User device 210 further includes one or more processors”, paragraph [0096], “the user device 310 may offer… camera”. The Examiner also notes in Fig. 2A, element 253 is an “Audio I/O”); […]
wherein the medical diagnostic device generates […] files […] and is provided with a microphone […] (Golden: Figures 1-2, 4, 6-11, paragraph [0098], “multimedia files”, paragraph [0167], “authenticate the downloaded files”. The Examiner also notes in Fig. 2A, element 253 is an “Audio I/O”), […]
wherein the portable and/or wearable processing unit is a smartphone and is provided with a memory in which applications are stored which, when executed by the portable and/or wearable processing unit, allow the portable and/or wearable processing unit to carry out reading data from the medical diagnostic device […]: and wherein the portable and/or wearable processing unit executing a service and/or […] (Golden: Fig. 2, paragraphs [0038]-[0040], “user devices such as cellular phones… sending, from the user device to a service platform”, paragraph [0054], “receive, from a service platform, a certified medical application and store the certified medical application in the secure segment. The secure communication application may be further configured to verify, in response to receipt of the medical application, that the received certified medical application has been approved for operation with the medical device by a regulatory authority.”, paragraph [0070], “User device 210 further includes one or more processors 250, which are communicatively coupled to a memory space 260. Memory space 260 may comprise one or more physical memory devices”, paragraphs [0183]-[0185], “user device may be configured to store health records in the device. This may include, for example, any data captured, created, modified, etc. due to any component of the medical environment may be stored in a local health record/database… the actual medical device, perhaps a small body worn device, for example, hosts and runs the application(s)”).
Golden may not explicitly teach (underlined below for clarity):
a medical diagnostic device having at least one medical imaging diagnostic apparatus configured to acquire and/or process and/or store medical image data and/or medical non-image data chosen from a magnetic resonance imaging (MRI) system, a computed tomography (CT) imaging system, conventional and digital x-ray systems, a positron emission tomography (PET) system, and an ultrasound system;
wherein the medical diagnostic device comprises a GUI processor configured to generate a graphic code, such as a bar code or a OR code in which information is coded that comprises an ID code of the medical diagnostic device and which graphic code is printed on a display of the medical diagnostic device, wherein the graphic code is coded with further information to access streaming data from an image display screen of the medical diagnostic device
wherein the medical diagnostic device generates […] files related to hematic flows and is provided with a microphone […], and the medical diagnostic device is provided with an audio processor […], the […] files being associated with one or more images in a […] manner with the content of at least one of the images by a media editor of the medical diagnostic device; wherein the images are captured by a camera reproducing the ultrasound system or part of it, the patient or an anatomic district of a patient […];
wherein the medical diagnostic device is provided with a media streaming module which can be accessed through a video and audio streaming unit by a client connecting to a communication unit or port of the medical diagnostic device and transmitted to the portable and/or wearable processing unit according to a video streaming protocol:
wherein the portable and/or wearable processing unit is a smartphone and is provided with a memory in which applications are stored which, when executed by the portable and/or wearable processing unit, allow the portable and/or wearable processing unit to carry out reading data from the medical diagnostic device which is represented by the graphic code: and wherein the portable and/or wearable processing unit executing a service and/or […].
Dickie teaches a medical diagnostic device having at least one medical imaging diagnostic apparatus configured to acquire and/or process and/or store medical image data and/or medical non-image data chosen from a magnetic resonance imaging (MRI) system, a computed tomography (CT) imaging system, conventional and digital x-ray systems, a positron emission tomography (PET) system, and an ultrasound system (Dickie: Fig. 1, paragraph [0013], “providing viewing access to an ultrasound image feed generated at an ultrasound imaging machine”, paragraph [0033], “Ultrasound imaging system 100 may include a multi-use display device 102, an ultrasound imaging machine 104, and a receiving device 106.”);
wherein the medical diagnostic device comprises a GUI processor configured to generate a graphic code, such as a bar code or a OR code in which information is coded that comprises an ID code of the medical diagnostic device and which graphic code is printed on a display of the medical diagnostic device, wherein the graphic code is coded with further information to access streaming data from an image display screen of the medical diagnostic device (Dickie: Figs. 2-5, paragraph [0013], “a method of providing viewing access to an ultrasound image feed generated at an ultrasound imaging machine… wherein the receiving device forms a second link-layer connection with the ultrasound imaging machine using the connection parameters, the second link-layer connection being used for receiving, at the receiving device, the ultrasound image feed controlled by the multi-use display device”, paragraph [0070], “the display device 120 may provide the connection parameters to the receiving device 106. This may be performed in various ways… this may involve the display device 120 displaying a barcode embedding the connection parameters so that the barcode can be read by a barcode reader on the receiving device 106.”, paragraphs [0073]-[0074], “the user interface on the receiving device 106 may overlay the images from the camera with a barcode reader that requests for alignment of a displayed barcode 302 within a frame 310. Once the barcode 302 is read at the receiving device 106, the connection parameters may be determined by the receiving device 106”)
wherein the medical diagnostic device generates […] files related to hematic flows and is provided with a microphone […], and the medical diagnostic device is provided with an audio processor […], the […] files being associated with one or more images in a […] manner with the content of at least one of the images by a media editor of the medical diagnostic device; wherein the images are captured by a camera reproducing the ultrasound system or part of it, the patient or an anatomic district of a patient […]; (Dickie: paragraphs [0035]-[0038], “User interface 120 may include physical input components such as a touch-sensitive display screen, keyboard, microphone… the ultrasound imaging machine 104 may transmit ultrasound signals to a target object and receive echoes in response to generate an ultrasound image in the ultrasound image feed. Imaging parameters include factors that affect how ultrasound signals are transmitted and received… the target object may be a part of a human body and may include the liver, the heart, the womb, the brain, the breast, the abdominal region, or the like, a fetus, or a cross-section of a part of the human body… a “user” may be a medical expert including a doctor”, paragraph [0041], “include an analog-to-digital converter (ADC) for digitizing the received ultrasound energy into digital ultrasound data”. The Examiner notes one of ordinary skill in the art would find it prima facie obvious ultrasound data is related to hematic flow, and is also in agreement with Applicant’s specification paragraph [0060]);
wherein the medical diagnostic device is provided with a media streaming module which can be accessed through a video and audio streaming unit by a client connecting to a communication unit or port of the medical diagnostic device and transmitted to the portable and/or wearable processing unit according to a video streaming protocol (Dickie: Figs. 1-6, paragraph [0044], “Pairing unit 148 may be operable to establish communication link 108A between communication unit 142 and external interface 122 of multi-use display device 102. Communication unit 142 may include one or more wireless transceivers. As discussed below, the pairing unit 148 may also be operable to establish communication link 108B between the communication unit 142 and the external interface 162 of the receiving device 106, to provide access to the ultrasound image feed being controlled by the multi-use display device 102”, paragraph [0054], “he communication unit 142 of ultrasound imaging machine 104 may include suitable hardware to communicate using more than one communications protocol. Corresponding external interfaces 122, 162 on multi-use display device 102 and/or receiving device 106 respectively may also be configured to communicate using more than one communications protocol so that communications may take place over communication links 108A, 108B using multiple communications protocols.”):
wherein the portable and/or wearable processing unit is a smartphone and is provided with a memory in which applications are stored which, when executed by the portable and/or wearable processing unit, allow the portable and/or wearable processing unit to carry out reading data from the medical diagnostic device which is represented by the graphic code: and wherein the portable and/or wearable processing unit executing a service (Dickie: paragraph [0042], “a receiving device 106 may be a smartphone”, paragraph [0046], “receiving device 106 may include a processor 160, memory 164”, ”paragraph [0073], “The receiving device 106 may have a camera or other optical sensor that allows it to read the barcode 302 being displayed at the display device 102”) and/or […].
One of ordinary skill in the art before the effective filing date would have found it obvious to include using an ultrasound device and using a graphic code to allow access to streamed data as taught by Dickie within the medical information processing systems as taught by Golden with the motivation of improving access to streamable data (Dickie: paragraphs [0002]-[004]).
Golden and Dickie may not explicitly teach (underlined below for clarity):
wherein the medical diagnostic device generates audio files related to hematic flows and is provided with a microphone capturing noises or speeches held by one or more of the operators using the medical diagnostic device, and the medical diagnostic device is provided with an audio processor which is configured to code the acoustic signals in audio files, the audio files being associated with one or more images in a synchronized manner with the content of at least one of the images by a media editor of the medical diagnostic device; wherein the images are captured by a camera reproducing the ultrasound system or part of it, the patient or an anatomic district of a patient and at least one of the operators of the medical diagnostic device; wherein image data acquired by the camera is processed by a video processor of the medical diagnostic device and also fed to the media editor for being combined in a multimedia representation with the audio files and/or with the images reproducing textual or alphanumeric coded data:
Grantcharov teaches wherein the medical diagnostic device generates audio files related to hematic flows and is provided with a microphone capturing noises or speeches held by one or more of the operators using the medical diagnostic device, and the medical diagnostic device is provided with an audio processor which is configured to code the acoustic signals in audio files, the audio files being associated with one or more images in a synchronized manner with the content of at least one of the images by a media editor of the medical diagnostic device; wherein the images are captured by a camera reproducing the ultrasound system or part of it, the patient or an anatomic district of a patient and at least one of the operators of the medical diagnostic device; wherein image data acquired by the camera is processed by a video processor of the medical diagnostic device and also fed to the media editor for being combined in a multimedia representation with the audio files and/or with the images reproducing textual or alphanumeric coded data (Grantcharov: paragraph [0024], “synchronizing and recording the real-time medical or surgical data streams to a common clock or timeline to generate a session container file… generate a comprehensive data feed generated by data from multiple independent devices”, paragraph [0044], “generating, by the encoder, an output session file using the synchronized input feeds”, paragraphs [0075]-[0076], “Transcription Software may assist in the conversion of human speech into a text transcript utilizing technologies such as natural language speech recognition… The OR or Surgical encoder (e.g. encoder 22) may be a multi-channel encoding device that records, integrates, ingests and/or synchronizes independent streams of audio, video, and digital data (quantitative, semi-quantitative, and qualitative data feeds) into a single digital container”, paragraph [0097], “this information may include: video from the procedural field; video of the clinical environment; audio; physiological data from the patient; environmental factors through various sensors (e.g., environmental, acoustic, electrical, flow, angle/positional/displacement and other potential sensors); software data from the medical devices used during intervention; and/or individual data from the healthcare providers (e.g., heart rate, blood pressure, skin conductance, motion and eye tracking, etc.).”, paragraphs [0105]-[0109], “all video feeds and audio feeds may be recorded and synchronized for an entire medical procedure… multiple audio/video/metadata feeds captured by hardware devices in the OR/patient intervention areas (e.g., room cameras, microphones, procedural video, patient physiology data, software data from devices used for patient care, metadata captured by environmental/acoustic/electrical/flow-/angle/positional/displacement sensors and other parameters outlined herein). The captured data feeds may be simultaneously processed with an encoder (e.g. encoder 22 of FIG. 1), synchronized and recorded… record video, audio and digital data feeds from a clinical area in a synchronized fashion”):
One of ordinary skill in the art before the effective filing date would have found it obvious to use synchronization of streams as taught by Grantcharov within the capture and streaming of medical procedure data as taught by Golden and Dickie with the motivation of “improve patient safety outcomes and clinical costs” (Grantcharov: paragraph [0102]).
Golden, Dickie and Grantcharov may not explicitly teach (underlined below for clarity):
management operation comprising carrying out a videocall meeting and/or joining a videocall meeting during which images or output data of the medical diagnostic device can be shared with other users by their personal devices.
Ekker teaches management operation comprising carrying out a videocall meeting and/or joining a videocall meeting during which images or output data of the medical diagnostic device can be shared with other users by their personal devices (Ekker: paragraphs [0004]-[0005], “supporting communication between various personnel at several locations through communication connections… a medical provider responsible for providing care for patients may often utilize a communications network to communicate and exchange healthcare-related information with other medical providers… provide for communication and exchange of healthcare-related information (also referred to as patient information) between a medical provider and another medical provider to deliver care (e.g., a specialty care) for a patient”, paragraph [0038], “establishing a multimedia session (e.g., an audio conference, a video conference, or both) between medical personnel at various medical facilities”, paragraphs [0085]-[0086]], “provide an option for the user to select one or more retrieved images (e.g., one or more of the images 350-b through 350-e) and share the selected images with a user at the selected medical facility… the device 305 may initiate a multimedia session (e.g., an audio call, a video call) between the device 305 and a remote device 305 associated with the user at the selected medical facility… The device 305 may transmit the images to the remote device 305”).
One of ordinary skill in the art before the effective filing date would have found it obvious to include using a videocall to share images as taught by Ekker within the sharing and synching of multimedia content as taught by Golden, Dickie and Grantcharov with the motivation of “providing robust and efficient healthcare communications between medical providers” (Ekker: paragraph [0004]).
Regarding (Original) claim 2, Golden, Dickie, Grantcharov and Ekker teach the limitations of claim 1, and further teaches wherein the short range wireless communication systems and protocols are selected from the following list: Bluetooth, Wi-Fi, ZigBee, UWB, IR (Golden: Figures 1, 4, 6-11, paragraph [0069], “user device 210 includes a medical device communications interface 256 configured to provide a communications connection to one or more medical devices. Interface 256 may comprise a wired or wireless interface, such as USB, Bluetooth, 802.11, ZigBee and/or other similar or equivalent interfaces”).
The motivation to combine is the same as in claim 1, incorporated herein.
Regarding (Currently Amended) claim 3, Golden, Dickie, Grantcharov and Ekker teach the limitations of claim 1, and further teaches wherein the network protocol comprises one protocol selected from the following list: HTTP-hyper text transfer protocol (HTTP) TCP -Transmission Control Protocol (TCP) UDP -User Datagram Protocol (UDP) IRC - Internet Relay Chat (IRC) (Golden: Figures 1, 4, 6-11, paragraph [0073], “communication between the user device 210 and the service platform 230, the communication sub-network 240 may include network infrastructure and communication … including such configurations that make use of wireless transport technologies (e.g., CDMA, GSM/GPRS, EDGE, WCDMA, WiFi, WiMAX, HSxPA, LTE, etc) and other communication services (e.g., Internet Protocol Suite (IPS), Hypertext Transfer Protocol (HTTP), Secure Socket Layer (SSL), etc).”).
The motivation to combine is the same as in claim 1, incorporated herein.
Regarding (Original) claim 4, Golden, Dickie, Grantcharov and Ekker teach the limitations of claim 1, and further teaches wherein the communication protocols between the wearable and/or portable unit and the remote service and/or management station are configured in such a way that a user ID and a user password are requested for allowing the user of the wearable and/ or portable unit to connect the said unit with the remote service and/or management station and to access the possible service and/or management options provided by the said remote service and/or management station (Golden: paragraph [0075], “communication among the user device 210, medical device 220 and service platform may utilize security technologies… token-based security (e.g., challenge questions, passwords, private/public keys, static or rolling algorithms) and the like”, paragraph [0107], “Additional security features include limiting access to the functions of the secure environment 311 based on user name/password requirements and/or public/private keys”. Also see, paragraphs [0145]-[0150]).
The motivation to combine is the same as in claim 1, incorporated herein.
Regarding (Original) claim 5, Golden, Dickie, Grantcharov and Ekker teach the limitations of claim 1, and further teaches wherein a univocal device ID is associated to the medical device, wherein such ID is in the form of an alphanumeric code saved in a memory of the control hardware of the medical diagnostic device which code is automatically sent or made readable to the wearable and/or portable device, or such ID is in the form of a graphical code that can be read by a barcode/QR reader associated with the wearable and/or portable device (Dickie: paragraph [0070], “the display device 120 may provide the connection parameters to the receiving device 106. This may be performed in various ways… this may involve the display device 120 displaying a barcode embedding the connection parameters so that the barcode can be read by a barcode reader on the receiving device 106.”, paragraphs [0073]-[0074], “the user interface on the receiving device 106 may overlay the images from the camera with a barcode reader that requests for alignment of a displayed barcode 302 within a frame 310. Once the barcode 302 is read at the receiving device 106, the connection parameters may be determined by the receiving device 106”, paragraph [0092], “an identifier 610 for the ultrasound imaging machine 104”, paragraph [0097], “an identifier 610 for the ultrasound imaging machine 104 that the display device 102 is controlling”).
The motivation to combine is the same as in claim 1, incorporated herein.
Regarding (Currently Amended) claim 7, Golden, Dickie, Grantcharov and Ekker teach the limitations of claim 1, and further teaches wherein the wearable and/or portable device is configured by an application which is saved and installed, and in which application the instruction are coded to the hardware of the said wearable and/or portable device in order to carry out the connections to the medical diagnostic device and to the remote service and/or management station and to access the functions and tasks for servicing and for managing said medical diagnostic device made available by the remote service and management station for the specific wearable and/or portable unit and/or for the user of the said unit and/or for the medical diagnostic device identified by an univocal device ID (Golden: Fig. 1-3, 12, paragraph [0002], “managing, controlling and monitoring medical devices via a software application functioning in a secure environment as well as associated networks for delivering approved software applications to a user device, with the application then enabling the user device to exchange information with a medical device”, paragraphs [0009]-[0011, “receiving, at the user device, a certified medical application; storing the certified medical application in a secure memory segment of the user device… initiating establishment of a communication link from the user device to the medical device, wherein the communication link is configured to facilitate execution of the certified medical application… operating a medical device… The sending may be initiated from a certified medical application and the data is received by a certified medical application”, paragraph [0016], “managing and monitoring medical devices via a software application”, paragraph [0068], “The service platform 130 is configured to send/receive data to/from the user device 110, the medical device 120… The service platform 130 may be further configured to provide the medical applications to the user device 110 and/or the medical device 120, in a secure and/or configuration controlled fashion”, paragraph [0088], “Medical applications on the user device 210 are generally intended to perform at least the same or similar services that applications on medical controllers perform”, paragraph [0095], “Medical applications on the user device 210 are generally intended to perform at least the same or similar services that applications on medical controllers perform”, paragraph [0114], “installation of a medical application”. Also see, paragraphs [0076]-[0081]).
The motivation to combine is the same as in claim 1, incorporated herein.
Regarding (Currently Amended) claim 8, Golden, Dickie, Grantcharov and Ekker teach the limitations of claim 1, and further teaches wherein the application software executed by the smartphone sends credentials of the user and/or of the smartphone and/or of the medical device to the remote server, the remote server carries out the user authentication and allows access to the application on the smartphone to several services and or management operations which are available for the specific user and/or medical device by displaying on the screen of the smartphone several graphic buttons each one for launching a service operation and/or a management operation (Golden: Figs. 1, 3, 9, 13, paragraph [0093], “Selection of a medical application may occur via a web browsing function on the user device 210”, paragraph [0098], “a user interface (UI) that includes items such as a keyboard, roller ball, buttons, screen, touch screen”, paragraphs [0106]-[0107], “The user device 310 may also be configured to boot directly and securely into the secure environment 311… Additional security features include limiting access to the functions of the secure environment 311 based on user name/password requirements and/or public/private keys”, paragraph [0134], “distribution will typically be tightly controlled and done through a secure medical application store 1340… downloading to a user's medical device or user device is typically only done using authentication and user verification to ensure only authorized and appropriate users may download and run the certified medical applications”, paragraph [0139], “the security services module 537c may control the selection and distribution of one or more security applications to the user device 310 and medical device 420. The one or more of the security applications, which are stored in the databases 533, provide for secure communication among a particular medical device 420, a particular user device 310 and the service platform 530”, paragraphs [0165]-[0166], “Users will generally have access through their user devices or other devices (such as personal computers, etc.) to the SAS, where they may be able to browse, at stage 820 for certified applications… The certified medical application may then be provisioned in the secure environment of the user's device, where it is then executed at stage 824… Medical applications may be browsed and selected by a user operating the user device 910”. Also see, paragraphs [0069], [0169]).
The motivation to combine is the same as in claim 1, incorporated herein.
Regarding (Original) claim 9, Golden, Dickie, Grantcharov and Ekker teach the limitations of claim 1, and further teaches wherein a button allows to launch through the smartphone a videocall meeting in which images or output data of the medical device can be shared by different persons Ekker: paragraph [0072], “the device 305 may display optional buttons including a “Call” button and an “Add Imaging” button”, paragraph [0093], “a user input selecting the “Call” button”).
The motivation to combine is the same as in claim 1, incorporated herein.
Regarding (Currently Amended) claim 10, Golden teaches the limitations of claim 8, and further teaches wherein a button starts operations relating the monitoring of the operations of the medical device in order to identify malfunctions and/or for launching upgrade services by which new or improved software may be downloaded and installed on the medical device by firstly downloading such software on the memory of the smartphone and then on a memory of the medical device (Golden: Figs, 3, 9-10, paragraph [0038], “Some of these embodiments may incorporate this functionality as a thin client into the medical device to allow it to receive and/or send certified medical applications, updated applications, user/patient data, as well as other applications or information”, paragraph [0066], “The user device 110 may include any of a variety of devices capable of operation in association with user interaction”, paragraphs [0079]-[0081], “a downloaded application to the medical device 220 from the service platform via the user device 210 acting as a gateway)… allow a nurse to remotely update the settings of the medical device 220 through a webpage, cloud or back office software that has been integrated into the service platform 230”, paragraph [0084], “ensuring that data was completely and correctly transferred to/from the medical device 220 and service platform 230”, paragraph [0093], “Selection of a medical application may occur via a web browsing function on the user device 210”, paragraph [0166], “Medical applications may be browsed and selected by a user operating the user device 910”).
REGARDING CLAIM(S) 11-15
Claim(s) 11-15 is/are analogous to Claim(s) 1-5, thus Claim(s) 11-15 is/are similarly analyzed and rejected in a manner consistent with the rejection of Claim(s) 1-5.
Regarding (Original) claim 16, Golden, Dickie, Grantcharov and Ekker teach the limitations of claim 1, and further teaches wherein the wearable and/or portable unit is configured to read the graphic codes and extract the information coded therein to identify the medical device (Dickie: Figs. 2-5, paragraph [0013], “a method of providing viewing access to an ultrasound image feed generated at an ultrasound imaging machine… wherein the receiving device forms a second link-layer connection with the ultrasound imaging machine using the connection parameters, the second link-layer connection being used for receiving, at the receiving device, the ultrasound image feed controlled by the multi-use display device”, paragraph [0070], “the display device 120 may provide the connection parameters to the receiving device 106. This may be performed in various ways… this may involve the display device 120 displaying a barcode embedding the connection parameters so that the barcode can be read by a barcode reader on the receiving device 106.”, paragraphs [0073]-[0074], “the user interface on the receiving device 106 may overlay the images from the camera with a barcode reader that requests for alignment of a displayed barcode 302 within a frame 310. Once the barcode 302 is read at the receiving device 106, the connection parameters may be determined by the receiving device 106”).
The motivation to combine is the same as in claim 1, incorporated herein.
Regarding (Original) claim 17, Golden, Dickie, Grantcharov and Ekker teach the limitations of claim 1, and further teaches wherein the wearable and/or portable device is configured by an APP which is saved and installed, and in which App the instruction are coded to the hardware of the said wearable and/or portable device in order to carry out the connections to the medical diagnostic device and to the remote service and/or management station and to access the functions and tasks for teleconferencing, servicing or managing said medical diagnostic device made available by the remote service and management station for the specific wearable and/or portable unit and/or for the user of the said unit and/or for the medical diagnostic device identified by the univocal device ID (Golden: Fig. 1-3, 12, paragraph [0002], “managing, controlling and monitoring medical devices via a software application functioning in a secure environment as well as associated networks for delivering approved software applications to a user device, with the application then enabling the user device to exchange information with a medical device”, paragraphs [0009]-[0011, “receiving, at the user device, a certified medical application; storing the certified medical application in a secure memory segment of the user device… initiating establishment of a communication link from the user device to the medical device, wherein the communication link is configured to facilitate execution of the certified medical application… operating a medical device… The sending may be initiated from a certified medical application and the data is received by a certified medical application”, paragraph [0016], “managing and monitoring medical devices via a software application”, paragraph [0068], “The service platform 130 is configured to send/receive data to/from the user device 110, the medical device 120… The service platform 130 may be further configured to provide the medical applications to the user device 110 and/or the medical device 120, in a secure and/or configuration controlled fashion”, paragraph [0088], “Medical applications on the user device 210 are generally intended to perform at least the same or similar services that applications on medical controllers perform”, paragraph [0095], “Medical applications on the user device 210 are generally intended to perform at least the same or similar services that applications on medical controllers perform”, paragraph [0114], “installation of a medical application”. Also see, paragraphs [0076]-[0081]; Ekker: paragraph [0038], “establishing a multimedia session (e.g., an audio conference, a video conference, or both) between medical personnel at various medical facilities”).
The motivation to combine is the same as in claim 1, incorporated herein.
Response to Arguments
Applicant's arguments filed 26 November 2025 have been fully considered but they are not persuasive. Applicants' arguments will be addressed herein below in the order in which they appear in the response filed on 26 November 2025.
Rejections under 35 U.S.C. § 112 (f)
With respect to claim 1, claim now recites a processor and memory and the 112(f) interpretation has been removed, claim 11 recites does not recite any structure for the units, and is still interpretated under 112(f), the argued paragraphs do not alleviate the interpretation that the units are software implement by generic off-the-shelf processors.
Rejections under 35 U.S.C. § 101
Regarding the rejection of claims 1-17, the Examiner has considered the Applicant’s arguments but does not find them persuasive. The Examiner has attempted to address all of the arguments presented by the Applicant; however, any arguments inadvertently not addressed are not persuasive for at least the following reasons:
Applicant argues:
Applicant respectfully traverses this basis of rejection. Nonetheless, Applicant submits that this basis of rejection is moot in view of the claims as amended herein.
The Examiner respectfully disagrees.
It is respectfully submitted, that the claims under the broadest reasonable interpretation are directed toward a human user interacting with various generic off-the shelf computer components and a generic off-the shelf imager, to collect data, organize the collected data, use the organized data to organize how human users interact with each via organizing a videocall between human users via the organization of data and their interaction with various generic off-the-shelf components, which as stated in 2106.04(a)(2), “certain activity between a person and a computer… may fall within the “certain methods of organizing human activity” grouping”. The claim is directed toward an abstract idea.
The claims do not recite a technical solution to a technical problem in Applicant’s specification, no technical problems are argued, no portions of the specification are argued to provide recitation and support of any alleged technical problems, and therefore the claimed additional elements do not recite a technical solution to a technical problem recited in Applicant’s specification and the argument is not persuasive.
Rejections under 35 U.S.C. § 102/103
Regarding the rejection of claims 1-17, the Examiner has considered the applicant’s arguments; however, the arguments are not persuasive as addressed herein. The Examiner has attempted to address all of the arguments presented by the Applicant; however, any arguments inadvertently not addressed are not persuasive for at least the following reasons:
Applicant argues:
Applicant submits that none of Golden or Alvarez or Anand relates to an imaging apparatus. In addition, the videocall referenced in Anand is with a patient and is not for sharing output images from a medical diagnostic device having medical imaging diagnostic apparatus. The patient in Anand is not allowed to interact with any medical diagnostic device having medical imaging diagnostic apparatus. By contrast, the medical diagnostic device remote service and management system and method recited in claims 1 and 11, respectively, provide for a portable and/or wearable processing unit executing a control operation including starting or joining a videocall during which images from a medical diagnostic device having medical diagnostic imaging apparatus are shared. In view of the above, withdrawal of the rejections under 35 U.S.C. §§102 and 103 is respectfully requested.
The Examiner respectfully disagrees.
It is respectfully submitted, that in view of newly added Dickie, Grantcharov and
Ekker in view of Golden teach all of the amended limitations, and Applicant’s argument is therefore moot in view of the new grounds of rejection as necessitated by amendment.
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.
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/A.E.L./Examiner, Art Unit 3684
/RAJESH KHATTAR/Primary Examiner, Art Unit 3684
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