Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Application
Claims 1-10 are currently pending in this case and have been examined and addressed below. This communication is a Final Rejection in response to the Amendments to the Claims and Remarks filed on 09/23/2025.
Claims 1-10 are currently amended.
Claim 11 are added.
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 1 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 1 recites “extract, based on the acquired operator information and the acquired apparatus information, and from among the plurality of medical apparatuses operable from the operation apparatus, a particular medical apparatus operable by the particular operator identified by the operator information”. It is unclear what specifically is being extracted. Examiner interprets the claim limitation as extracting a particular medical apparatus operable by the particular operator identified by the operator information. However, it is unclear how the medical information processing apparatus can extract an actual medical apparatus, as well as, how the extraction of a medical apparatus is performed.
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.
Independent claims 1 and 8 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., an abstract idea) without significantly more.
Step 1: Independent claims 1 and 8 are drawn to a machine. As such, independent claims 1 and 8 are drawn to one of the statutory categories of invention (Step 1: YES).
Step 2A - Prong One: In prong one of step 2A, the claim(s) is/are analyzed to evaluate whether it/they recite(s) a judicial exception.
Independent Claim 1: A medical information processing apparatus connected to an operation apparatus via a network, wherein each of a plurality of medical apparatuses are connected to the operation apparatus via the network, the medical information processing apparatus comprising:
processing circuitry, configured to
acquire, from the operation apparatus, operator information that identifies a particular operator of the operation apparatus;
acquire apparatus information in which an operator and a medical apparatus operable by the operator are associated with each other; and
extract, based on the acquired operator information and the acquired apparatus information, and from among the plurality of medical apparatuses operable from the operation apparatus, a particular medical apparatus operable by the particular operator identified by the operator information, and provide the operation apparatus with the acquired apparatus information in a condition that the extracted particular medical apparatus can be identified,
wherein each of the plurality of medical apparatuses is a medical image diagnostic apparatus, a radiotherapy machine, or a surgery device.
Independent Claim 8: A medical information processing system comprising:
an operation apparatus,
a plurality of medical apparatuses, and
a medical information processing apparatus,
wherein the plurality of medical apparatuses and the medical information processing apparatus are connected to the operation apparatus via a network,
the operation apparatus comprises first processing circuitry configured to receive an input of operator information that identifies a particular operator, and provide the medical information processing apparatus with the operator information, and
the medical information processing apparatus comprises second processing circuitry configured to acquire the operator information provided from the operation apparatus, acquire apparatus information in which an operator and a medical apparatus operable by the operator are associated with each other, and to extract, based on the acquired operator information and the acquired apparatus information, and from among the plurality of medical apparatuses operable from the operation apparatus, a particular medical apparatus operable by the particular operator identified by the operator information, and provide the operation apparatus with the acquired apparatus information in a condition that the extracted particular medical apparatus can be identified,
wherein each of the plurality of medical apparatuses is a medical image diagnostic apparatus, a radiotherapy machine, or a surgery device.
(Examiner notes: The above claim terms underlined are additional elements that fall under Step 2A - Prong Two analysis section detailed below)
These steps amount to methods of organizing human activity which includes functions relating to interpersonal and intrapersonal activities, such as managing relationships or transactions between people, social activities, and human behavior; satisfying or avoiding a legal obligation; advertising, marketing, and sales activities or behaviors; and managing human mental activity (MPEP § 2106.04(a)(2)(II)(C) citing the abstract idea grouping for methods of organizing human activity for managing personal behavior or relationships or interactions between people). Therefore, acquire information, extract information based on acquired information, receive input information are directed to managing personal interactions or personal behavior.
Step 2A - Prong Two: In prong two of step 2A, an evaluation is made whether a claim recites any additional element, or combination of additional elements, that integrate the exception into a practical application of that exception. An “additional element” is an element that is recited in the claim in addition to (beyond) the judicial exception (i.e., an element/limitation that sets forth an abstract idea is not an additional element). The phrase “integration into a practical application” is defined as requiring an additional element or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that it is more than a drafting effort designed to monopolize the exception.
Claims 1 and 8 recite the use of a medical information processing apparatus connected to an operation apparatus via a network, wherein each of a plurality of medical apparatuses are connected to the operation apparatus via the network. The claims also recite wherein each of the plurality of medical apparatuses is a medical image diagnostic apparatus, a radiotherapy machine, or a surgery device. These limitations merely indicate a field of use or technological environment that generally links to the use of the abstract idea (MPEP § 2106.05(h)).
Claim 1 recites the use of a processing circuitry, in this case to acquire operator information that identifies a particular operator of the operation apparatus, acquire apparatus information in which an operator and a medical apparatus operable by the operator are associated with each other, extract based on the acquired operator information and the acquired apparatus information, and from among the plurality of medical apparatuses operable from the operation apparatus, a particular medical apparatus operable by the particular operator identified by the operator information, only recites the processing circuitry as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2)).
Claims 1 and 8 recite the use of an operation apparatus, only as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2)).
Claims 1 and 8 recite the use of a and provide the operation apparatus with the acquired apparatus information in a condition that the extracted particular medical apparatus can be identified, only as a tool which only serves as display/output of the data determined from the abstract idea (MPEP § 2106.05(g) - insignificant pre/post-solution activity that amounts to post-solution output on a well-known display device) and is therefore not a practical application of the recited judicial exception.
Claim 8 recites the use of a first processing circuitry, in this case to receive an input of operator information that identifies a particular operator. The claim further recites The use of a second processing circuitry, in this case to, acquire operator information that identifies a particular operator of the operation apparatus, acquire apparatus information in which an operator and a medical apparatus operable by the operator are associated with each other, extract based on the acquired operator information and the acquired apparatus information, and from among the plurality of medical apparatuses operable from the operation apparatus, a particular medical apparatus operable by the particular operator identified by the operator information. The first and second processing circuitry are only recited as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2)).
Claim 8 recites the use of a provide the medical information processing apparatus with the operator information, only as a tool which only serves as display/output of the data determined from the abstract idea (MPEP § 2106.05(g) - insignificant pre/post-solution activity that amounts to post-solution output on a well-known display device) and is therefore not a practical application of the recited judicial exception.
The Examiner has therefore determined that the additional elements, or combination of additional elements, do not integrate the abstract idea into a practical application. Accordingly, the claim(s) is/are directed to an abstract idea (Step 2A – Prong two: NO).
Step 2B: In step 2B, the claims are analyzed to determine whether any additional element, or combination of additional elements, is/are sufficient to ensure that the claims amount to significantly more than the judicial exception.
As discussed above in “Step 2A – Prong 2”, the identified additional elements, such as the medical information processing apparatus connected to an operation apparatus via a network, wherein each of a plurality of medical apparatuses are connected to the operation apparatus via the network and each of the plurality of medical apparatuses is a medical image diagnostic apparatus, a radiotherapy machine, or a surgery device in independent claims 1 and 8 are general linking the use of the abstract idea to the field of use or the technological environment. These additional elements therefore do not amount to significantly more than the abstract idea itself, and cannot integrate the abstract idea into a practical application (MPEP 2016.05(h)).
Additionally, the additional elements, such as the processing circuitry, operation apparatus, first processing circuitry, and second processing circuitry in independent claims 1 and 8 are equivalent to adding the words “apply it” on a generic computer. Each of these elements is only recited as a tool for performing steps of the abstract idea, such as the use of the computer and data processing devices to apply the algorithm. These additional elements therefore only amount to mere instructions to perform the abstract idea using a computer and are not sufficient to amount to significantly more than the abstract idea (MPEP 2016.05(f) see for additional guidance on the “mere instructions to apply an exception”). Each additional element under Step 2A, Prong 2 is analyzed in light of the specification’s explanation of the additional element’s structure. The claimed invention’s additional elements are directed to generic computer component and functions being used to perform the abstract idea.
Additionally, provide the operation apparatus with the acquired apparatus information in a condition that the extracted particular medical apparatus can be identified and provide the medical information processing apparatus with the operator information in independent claims 1 and 8 are well-understood, routine, and conventional. These positions are supported by Carmena et al. (US 20200082118) teaching providing a computing device with information to identify a particular device in paragraphs [0030], [0036-0037] and [0064]. The position is further supported by V. Gupta “Data Transmission Over Networks for Estimation and Control” teaching on transmitting information in the Introduction on page 1807. Also, Muhand A. Mutaab et al. "A Network Chatting and Sending Data" supports the position by teaching on sharing or exchanging information over a network on in Introduction on page 361 and the Local Area Network Components (LAN) and Organizing Computers on Network sections on page 362 (treated as a review under MPEP 2106.07(a)(III)(C) that describes the state of the art and discusses what is well-known and in common use in the relevant industry). Additionally, the courts have decided that storing and retrieving information in memory as well-understood, routine, conventional activity as a computer function when claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity (MPEP § 2106.05(d)(II)).
This conclusion is based on a factual determination. Applicant’s own disclosure in paragraphs [0027-0028] acknowledges that the “medical information processing apparatus 30 comprises, for example, a server… the medical information processing apparatus 30 comprises a memory 31, a communication interface 32, and processing circuitry 33”. Paragraphs [0036] and [0044] disclose “processing circuitry 33 is realized by, for example, a processor such as a central processing unit (CPU), a graphics processing unit (GPU), or the like”. Also, the paragraphs [0037-0038] acknowledge that the ” operation apparatus 20 comprises, for example, a terminal, such as a personal computer (PC)… the operation apparatus 20 includes a memory 21, a communication interface 22, a display 23, an input interface 24, and processing circuitry 25”. Additionally, paragraph [0026] discloses that “the medical apparatus 10 include, for example, a medical image diagnostic apparatus, a radiotherapy machine, a surgery device, and the like”. Paragraph [0022] acknowledges that the “medical information processing system 1 is a system in which structural elements are disposed in a common network. The medical information processing system 1 includes a medical apparatus 10 (medical apparatuses 10a-10n), an operation apparatus 20 (operation apparatuses 20a-20n), and a medical information processing apparatus 30, which are communicably connected to one another via the common network”. Furthermore, paragraph [0022] discloses the “common network is, for example, Ethernet (registered trademark), such as a local area network (LAN). The connection to the common network may be either wired or wireless. If security is ensured by a virtual private network (VPN) or the like, the line to which the apparatuses are connected is not limited to a LAN, but may be a public communication line, such as the Internet”.
The Examiner has therefore determined that no additional element, or combination of additional claims elements is/are sufficient to ensure the claim(s) amount to significantly more than the abstract idea identified above (Step 2B: NO).
Therefore, independent claims 1 and 8 are not eligible subject matter under 35 USC 101.
Similarly to the independent claims 1 and 8, their dependent claims 2-7 and 9-11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., an abstract idea) without significantly more.
Step 1: As for the dependent claims 2-7 and 9-11, the claims are drawn to a machine, as their respective independent claims. Therefore, similarly to the independent claims, the dependent claims are drawn to a to one of the statutory categories of invention (Step 1: YES).
Step 2A - Prong One:
The dependent claim 2 is directed to acquire apparatus information that indicates the medical apparatus associated with the operator identified by the operator information.
The dependent claim 3 is directed to acquire as the apparatus information the pieces of medical information in response to acquisition of the operator information.
The dependent claim 4 is directed to provide the acquired apparatus information in the form such that the particular medical apparatus operable by the particular operator is identifiable from other medical apparatuses.
The dependent claim 5 is directed to provide the acquired apparatus information in the form of being connectable to the particular medical apparatus operable by the particular operator.
The dependent claim 6 is directed to acquire use information that indicates a state of use and acquire the apparatus information that indicates the medical apparatus operable by the operator based on the operator information and the acquired use information.
The dependent claim 7 is directed to acquire use information that indicates a state of use and provide the acquired apparatus information in a form such that the state of use of the medical apparatus operable is identifiable.
The dependent claim 9 is directed to report the apparatus information.
The dependent claim 10 is directed to accept an operation for selecting the particular medical apparatus to be operated by the particular operator from the apparatus information.
The dependent claim 11 is directed to receive the generated medical imaging results.
Each of these steps of the preceding dependent claims 2-7 and 9-11 only serve to further limit or specify the features of independent claims 1 and 8 accordingly, and hence are nonetheless directed towards fundamentally the same abstract idea as the independent claim and utilize the additional elements analyzed below in the expected manner.
As such, the Examiner concludes that the preceding claims recite an abstract idea (Step 2A – Prong One: YES).
Step 2A - Prong Two:
Dependent claims 2-3 recite the use of a memory that stores a plurality of pieces of medical information in which the operator and the medical apparatus operable by the operator are associated, only as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2)).
Dependent claims 2-7 recite the use of a processing circuitry, in this case to acquire the apparatus information that indicates the medical apparatus associated with the operator identified by the operator information, acquire as the apparatus information the pieces of medical information in response to acquisition of the operator information, provide the acquired apparatus information in the form such that the particular medical apparatus operable by the particular operator is identifiable from other medical apparatuses, provide the acquired apparatus information in the form of being connectable to the particular medical apparatus operable by the particular operator, acquire use information that indicates a state of use and acquire the apparatus information that indicates the medical apparatus operable by the operator based on the operator information and the acquired use information, and acquire use information that indicates a state of use and provide the acquired apparatus information in a form such that the state of use of the medical apparatus operable is identifiable, only recites the processing circuitry as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2)).
Dependent claims 9-10 recite the use of a first processing circuitry of the operation apparatus, in this case to report the apparatus information and accept an operation for selecting the particular medical apparatus to be operated by the particular operator from the apparatus information, only recites the first processing circuitry of the operation apparatus as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2)).
Dependent claim 9 recites the use of a medical information processing apparatus, only as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2)).
Dependent claim 10 recites the use of connect, via the network, to the particular medical apparatus selected by the operation, which merely indicates a field of use or technological environment that generally links to the use of the abstract idea (MPEP § 2106.05(h)).
Dependent claim 11 recites the use of the first processing circuitry of the operation apparatus is further configured to connect to the particular medical apparatus so that the particular operator can access and control the particular medical apparatus to perform a medical scan of a patient to generate medical image results that include a medical image. The claim recites the medical apparatus as being used in its ordinary capacity and is merely a tool to execute the abstract idea (MPEP § 2106.05(f)(2)).
Dependent claim 11 recites the use of a second processing circuitry of the medical information processing apparatus, in this case to receive the generated medical imaging results, only recites the second processing circuitry of the medical information processing apparatus as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2)).
The Examiner has therefore determined that the additional elements, or combination of additional elements, do not integrate the abstract idea into a practical application. Accordingly, the claim(s) is/are directed to an abstract idea (Step 2A – Prong two: NO).
Step 2B:
As discussed above in “Step 2A – Prong 2”, the identified additional elements, such as memory that stores a plurality of pieces of medical information in which the operator and the medical apparatus operable by the operator are associated, processing circuitry, first processing circuitry of the operation apparatus, medical information processing apparatus, the first processing circuitry of the operation apparatus is further configured to connect to the particular medical apparatus so that the particular operator can access and control the particular medical apparatus to perform a medical scan of a patient to generate medical image results that include a medical image, and the second processing circuitry of the medical information processing apparatus in dependent claims 2-7 and 9-11 are equivalent to adding the words “apply it” on a generic computer. Each of these elements is only recited as a tool for performing steps of the abstract idea, such as the use of the computer and data processing devices to apply the algorithm. These additional elements therefore only amount to mere instructions to perform the abstract idea using a computer and are not sufficient to amount to significantly more than the abstract idea (MPEP 2016.05(f) see for additional guidance on the “mere instructions to apply an exception”). Each additional element under Step 2A, Prong 2 is analyzed in light of the specification’s explanation of the additional element’s structure. The claimed invention’s additional elements are directed to generic computer component and functions being used to perform the abstract idea.
Additionally, the additional element, such as connect, via the network, to the particular medical apparatus selected by the operation in dependent claim 10 is general linking the use of the abstract idea to the field of use or the technological environment. These additional elements therefore do not amount to significantly more than the abstract idea itself, and cannot integrate the abstract idea into a practical application (MPEP 2016.05(h)).
The Examiner has therefore determined that no additional element, or combination of additional claims elements is/are sufficient to ensure the claim(s) amount to significantly more than the abstract idea identified above (Step 2B: NO).
Therefore, dependent claims 2-7 and 9-11 are not eligible subject matter under 35 USC 101.
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 1-3, 8, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over XU et al.(CN-111312385-A)[hereinafter Xu], in view of Diaz Carmena et al. (US-20200082118-A1)[hereinafter Carmena].
As per Claim 1, Xu discloses a medical information processing apparatus connected to an operation apparatus via a network, wherein each of a plurality of medical apparatuses are connected to the operation apparatus via the network in the 2nd paragraph under summary of the invention section on page 1 and 2nd-6th paragraphs on page 5 and the 6th paragraph on page 11 and Figures 2 and 4 (a processing device (synonymous to a medical information processing apparatus) connected to an user equipment (synonymous to an operation apparatus) via a network, wherein each of a plurality of medical equipment are connected to the user equipment via the network), the medical information processing apparatus comprising: processing circuitry in the 3rd paragraph on page 5 and 7th paragraph on page 13 and Figure 4 (the processing device includes a plurality of modules (Examiner notes that the modules in the processing device make up the processing unit or module (synonymous to the processing circuitry)), configured to acquire, from the operation apparatus, operator information that identifies a particular operator of the operation apparatus in the 2nd paragraph on page 5 (acquire, from the user equipment, address information, referred to as authentication information (synonymous to operator information) that identifies a particular user); acquire apparatus information in which an operator and a medical apparatus operable by the operator are associated with each other in the 7th paragraph on page 5-1st paragraph on page 6 (acquire connection information (synonymous to apparatus information) in which the user and the medical equipment are associated (Examiner notes that once user establishes a remote connection to the medical equipment, the user is able to control the medical equipment indicating their association)); wherein each of the plurality of medical apparatuses is a medical image diagnostic apparatus, a radiotherapy machine, or a surgery device in the 2nd paragraph on page 5 (each of the plurality of medical equipment is a CT equipment, shelter CT, ultrasound equipment (Examiner notes that CT equipment, shelter CT, and ultrasound equipment are medical image diagnostic apparatuses that meets the or limitation)).
Xu does not disclose the following limitations. However, Carmena discloses and extract based on the acquired operator information and the acquired apparatus information, and from among the plurality of medical apparatuses operable from the operation apparatus, a particular medical apparatus operable by the particular operator identified by the operator information in paragraphs [0033] and [0040] and [0052] and [0064] and Figure 7 (identify based on the identification information and the permission information, and from among the plurality of medical device components accessible, a particular device component accessible by the particular user identified by the identification information), and provide the operation apparatus with the acquired apparatus information in a condition that the extracted particular medical apparatus can be identified in paragraphs [0030] and [0036-0037] and [0064] (provide the computing device (synonymous to the operation apparatus) with the acquired permission information (synonymous to the apparatus information) to identify the particular device component).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a medical information processing apparatus to acquire operator and apparatus information and the plurality of medical apparatuses is a medical image diagnostic apparatus, a radiotherapy machine, or a surgery device, as disclosed by Xu, to be combined with extract a particular medical apparatus operable by the particular operator identified by the operator information and provide the operation apparatus with the acquired apparatus information so that the extracted particular medical apparatus can be identified, as disclosed by Carmena, for the purpose of avoiding users more access to medical devices than necessary or appropriate [0004-0006].
As per Claim 2, Xu and Carmena disclose the medical information processing apparatus according to claim 1.
Xu does not disclose the following limitations. However, Carmena discloses further comprising a memory that stores a plurality of pieces of medical information in which the operator and the medical apparatus operable by the operator are associated in paragraphs [0058] (a memory storing medical information (synonymous to a plurality of pieces of medical information) in which the user and the medical device are associated (Examiner notes that the medical information is obtained when the medical device are in use by the user indicating their association)), wherein the processing circuitry is further configured to acquire the apparatus information that indicates the medical apparatus associated with the operator identified by the operator information from among the plurality of pieces of medical information stored in the memory in paragraphs [0027-0029] and [0058] and [0064] (acquire the permission information that indicates the medical device associated with the user identified by the identification information from medical information stored in the memory).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a medical information processing apparatus to acquire operator and apparatus information and the plurality of medical apparatuses is a medical image diagnostic apparatus, a radiotherapy machine, or a surgery device, as disclosed by Xu, to be combined with a memory that stores medical information that associates the operator and the medical apparatus and acquire apparatus information that indicates the association from the medical information, as disclosed by Carmena, for the purpose of avoiding users more access to medical devices than necessary or appropriate [0004-0006].
As per Claim 3, Xu and Carmena disclose the medical information processing apparatus according to claim 1.
Xu does not disclose the following limitations. However, Carmena discloses further comprising a memory that stores a plurality of pieces of medical information in which the operator and the medical apparatus operable by the operator are associated in paragraphs [0058] (a memory storing medical information (synonymous to a plurality of pieces of medical information) in which the user and the medical device are associated (Examiner notes that the medical information is obtained when the medical device are in use by the user indicating their association)), wherein the processing circuitry is further configured to acquire, as the apparatus information, the pieces of medical information stored in the memory in response to acquisition of the operator information in paragraphs [0004] and [0064] (acquire, as the permission information, the medical information stored in the memory in response to the acquisition of the identification information (synonymous to the operator information)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a medical information processing apparatus to acquire operator and apparatus information and the plurality of medical apparatuses is a medical image diagnostic apparatus, a radiotherapy machine, or a surgery device, as disclosed by Xu, to be combined with a memory that stores medical information that associates the operator and the medical apparatus and acquire, as apparatus information, medical information in response to acquisition of the operator information, as disclosed by Carmena, for the purpose of avoiding users more access to medical devices than necessary or appropriate [0004-0006].
As per Claim 8, Xu discloses a medical information processing system comprising: an operation apparatus, a plurality of medical apparatuses, and a medical information processing apparatus, wherein the plurality of medical apparatuses and the medical information processing apparatus are connected to the operation apparatus via a network in the 2nd paragraph under summary of the invention section on page 1 and 2nd-6th paragraphs on page 5 and the 6th paragraph on page 11 and Figures 2 and 4 (a system (synonymous to a medical information processing system) including user equipment, a plurality of medical devices, a processing device, wherein the plurality of medical equipment and the processing device are connected to the user equipment via a network), the operation apparatus comprises first processing circuitry configured to receive an input of operator information that identifies a particular operator, and provide the medical information processing apparatus with the operator information in the 2nd paragraph on page 5 and 7th paragraph on page 5-6 and 9th paragraph on page 8-9 and Figure 6 (the user equipment to receive an input of address information, referred to as authentication information (synonymous to operator information) that identifies a particular user, and provide the processing device with the address information (Examiner notes that the user equipment may include personal mobile phones, tablets, or PCs which include a processing circuitry)), and the medical information processing apparatus comprises second processing circuitry in the 3rd paragraph on page 5 and 7th paragraph on page 13 and Figure 4 (the processing device includes a plurality of modules (Examiner notes that the modules in the processing device make up the processing unit or module (synonymous to the second processing circuitry)) configured to acquire the operator information provided from the operation apparatus in the 2nd paragraph on page 5 (acquire, from the user equipment, address information, referred to as authentication information (synonymous to operator information) that identifies a particular user), acquire apparatus information in which an operator and a medical apparatus operable by the operator are associated with each other in the 7th paragraph on page 5-1st paragraph on page 6 (acquire connection information (synonymous to apparatus information) in which the user and the medical equipment are associated (Examiner notes that once user establishes a remote connection to the medical equipment, the user is able to control the medical equipment indicating their association)), wherein each of the plurality of medical apparatuses is a medical image diagnostic apparatus, a radiotherapy machine, or a surgery device in the 2nd paragraph on page 5 (each of the plurality of medical equipment is a CT equipment, shelter CT, ultrasound equipment (Examiner notes that CT equipment, shelter CT, and ultrasound equipment are medical image diagnostic apparatuses that meets the or limitation)).
Xu does not disclose the following limitations. However, Carmena discloses and to extract, based on the acquired operator information and the acquired apparatus information, and from among the plurality of medical apparatuses operable from the operation apparatus, a particular medical apparatus operable by the particular operator identified by the operator information in paragraphs [0033] and [0052] and [0064] and Figure 7 (identify based on the identification information and the permission information, and from among the plurality of medical device components accessible, a particular device component accessible by the particular user identified by the identification information), and provide the operation apparatus with the acquired apparatus information in a condition that the extracted particular medical apparatus can be identified in paragraphs [0030] and [0036-0037] and [0064] (provide the computing device (synonymous to the operation apparatus) with the acquired permission information (synonymous to the apparatus information) to identify the particular device component).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a medical information processing system to acquire operator and apparatus information and the plurality of medical apparatuses is a medical image diagnostic apparatus, a radiotherapy machine, or a surgery device, as disclosed by Xu, to be combined with extract a particular medical apparatus operable by the particular operator identified by the operator information and provide the operation apparatus with the acquired apparatus information so that the extracted particular medical apparatus can be identified, as disclosed by Carmena, for the purpose of avoiding users more access to medical devices than necessary or appropriate [0004-0006].
As per Claim 11, Xu and Carmena disclose the medical image processing system of claim 8, Xu also discloses wherein the first processing circuitry of the operation apparatus is further configured to connect to the particular medical apparatus so that the particular operator can access and control the particular medical apparatus to perform a medical scan of a patient to generate medical image results that include a medical image in the 7th paragraph on page 5-1st paragraph on page 6 and 10th paragraph on page 8-9 and 1st paragraph on page 12 (the user equipment connects to the medical device so the particular user can remotely connect and control the medical device to perform a medical scan of a patient to generate image signals as a diagnosis result (synonymous to medical image results) that include a medical image), and the second processing circuitry of the medical information processing apparatus is further configured to receive the generated medical imaging results from the particular medical apparatus in the 3rd paragraph on page 6 (the processing device receives the medical image signals (synonymous to the generated medical imaging results) from the medical device).
Claims 4-7 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over XU et al. (CN-111312385-A)[hereinafter Xu], in view of Diaz Carmena et al. (US-20200082118-A1)[hereinafter Carmena], in view of SUKIGARA et al. (US-20180286511-A1)[hereinafter Sukigara].
As per Claim 4, Xu and Carmena disclose the medical information processing apparatus according to claim 3.
Xu and Carmena do not disclose the following limitations. However, Sukigara discloses wherein the processing circuitry is further configured to provide the acquired apparatus information in a form such that the particular medical apparatus operable by the particular operator is identifiable from other medical apparatuses in paragraphs [0033] and [0132] (the processor uses an apparatus ID and a serial number, wherein the apparatus ID and serial number are acquired transmission information, wherein the transmission information includes the apparatus management information to specify the medical apparatus, wherein apparatus management information uniquely identifies the medical apparatus (Examiner notes that specifying the medical apparatus with an ID and serial number identifies a particular medical apparatus from other medical apparatuses)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a medical information processing apparatus to acquire operator and apparatus information and the plurality of medical apparatuses is a medical image diagnostic apparatus, a radiotherapy machine, or a surgery device, as disclosed by Xu and Carmena, to be combined with providing the acquired apparatus information in a form that the particular medical apparatus is identifiable from other medical apparatus, as disclosed by Sukigara, for the purpose of improving convenience of the person who uses the medical apparatus [0007].
As per Claim 5, Xu and Carmena disclose the medical information processing apparatus according to claim 1.
Xu and Carmena do not disclose the following limitations. However, Sukigara discloses wherein the processing circuitry is further configured to provide the acquired apparatus information in a form of being connectable to the particular medical apparatus operable by the particular operator in paragraphs [0132] (the processor uses the apparatus management information to specify the medical apparatus, wherein the apparatus management information is in the form of an ID or a serial number (Examiner notes that the ID and a serial number connects the apparatus information to the correct medical apparatus)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a medical information processing apparatus to acquire operator and apparatus information and the plurality of medical apparatuses is a medical image diagnostic apparatus, a radiotherapy machine, or a surgery device, as disclosed by Xu and Carmena, to be combined with providing the acquired apparatus information in a form of being connectable to the particular medical apparatus, as disclosed by Sukigara, for the purpose of improving convenience of the person who uses the medical apparatus [0007].
As per Claim 6, Xu and Carmena disclose the medical information processing apparatus according to claim 1.
Xu and Carmena do not disclose the following limitations. However, Sukigara discloses wherein the processing circuitry is further configured to: acquire use information that indicates a state of use of the medical apparatus in paragraphs [0009] and [0031-0032] and [0036] (acquire medical apparatus notification information (referring to use information), wherein the medical apparatus notification information indicates the state of the medical apparatus either by an error notification state that indicates an error or by a current state notification state that indicates the current state of the medical apparatus); and acquire the apparatus information that indicates the medical apparatus operable by the operator based on the operator information and the acquired use information in paragraphs [0130-0133] (acquire transmission information, wherein the transmission information includes the apparatus management information and the medical apparatus notification information, that specifies the medical apparatus based on the additional information set by a user's operation performed on the first information processing apparatus and the medical apparatus notification information).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a medical information processing apparatus to acquire operator and apparatus information and the plurality of medical apparatuses is a medical image diagnostic apparatus, a radiotherapy machine, or a surgery device, as disclosed by Xu and Carmena, to be combined with acquiring use information that indicates a state of use of the medical apparatus and acquire apparatus information that indicates the medical apparatus based on the operator information and the acquired use information, as disclosed by Sukigara, for the purpose of improving convenience of the person who uses the medical apparatus [0007].
As per Claim 7, Xu and Carmena disclose the medical information processing apparatus according to claim 1.
Xu and Carmena do not disclose the following limitations. However, Sukigara discloses wherein the processing circuitry is further configured to: acquire use information that indicates a state of use of the medical apparatus in paragraphs [0009] and [0031-0032] and [0036] (acquire medical apparatus notification information (referring to use information), wherein the medical apparatus notification information indicates the state of the medical apparatus either by an error notification state that indicates an error or by a current state notification state that indicates the current state of the medical apparatus); and provide the acquired apparatus information in a form such that the state of use of the medical apparatus operable by the operator is identifiable in paragraphs [0130-0131] and [0135-0136] and [0142] (provide the acquired transmission information, wherein the transmission information includes the apparatus management information and the medical apparatus notification information, in a form of a notification in an electronic mail or a sound notification to identify the state of the medical apparatus).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a medical information processing apparatus to acquire operator and apparatus information and the plurality of medical apparatuses is a medical image diagnostic apparatus, a radiotherapy machine, or a surgery device, as disclosed by Xu and Carmena, to be combined with acquiring use information that indicates a state of use of the medical apparatus and provide the acquired apparatus information in a form that the state of use of the medical apparatus is identifiable, as disclosed by Sukigara, for the purpose of improving convenience of the person who uses the medical apparatus [0007].
As per Claim 9, Xu and Carmena disclose the medical information processing system according to claim 8.
Xu and Carmena do not disclose the following limitations. However, Sukigara discloses wherein the first processing circuitry of the operation apparatus is further configured to report the apparatus information provided from the medical information processing apparatus in paragraphs [0130-0131] and [0139] (the processor of the first information processing apparatus reports the response information of the acquired transmission information, wherein the transmission information includes the apparatus management information (referring to the apparatus information) provided from the second information processing information).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a medical information processing system to acquire operator and apparatus information and the plurality of medical apparatuses is a medical image diagnostic apparatus, a radiotherapy machine, or a surgery device, as disclosed by Xu and Carmena, to be combined with report the apparatus information, as disclosed by Sukigara, for the purpose of improving convenience of the person who uses the medical apparatus [0007].
As per Claim 10, Xu, Carmena, and Sukigara disclose the medical information processing system according to claim 9.
Xu does not disclose the following limitations. However, Carmena discloses wherein the first processing circuitry of the operation apparatus is further configured to accept an operation for selecting the particular medical apparatus to be operated by the particular operator from the apparatus information in paragraphs [0030] and [0036] and [0043] and [0065] (the processing device of the computing device to enable access for operating the particular device component by particular user from the permission information (Examiner notes that enabling access to operate the particular medical device component indicates the computing device accepting an operation for selecting the medical device component to be operated)), and connect, via the network, to the particular medical apparatus selected by the operation in paragraphs [0036-0037] (the computing device connects, via the network, to the particular medical device component).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a medical information processing system to acquire operator and apparatus information and the plurality of medical apparatuses is a medical image diagnostic apparatus, a radiotherapy machine, or a su