DETAILED ACTION
Status of Claims
This communication is in response to applicant’s response filed on 11/26/2025.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1, 4, 6, 8, 9, 12, 14 and 16 have been amended. Claims 2, 5, 10 and 13 have been cancelled. Claims 1, 3, 4, 6-9, 11, 12 and 14-16 are now pending and examined herein.
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.
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 data retrieving module,” “a data analyzing module,” “a data visualization module,” in claims 1 and 9, and “a mission scheduling module,” and “a schedule control unit” in claims 6 and 14.
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.
A “data retrieving module” is being interpreted as something “connected to the target database” (0021) and something that “obtains required data from one or more primary database for medical data according to an operational definition of the medical quality indicator, and preprocesses the required data and stores it as a plurality pieces of structured data of the medical quality indicator in the target database” (0021)
A “data analyzing module” is being interpreted as something that is “connected to the target database” (0021) and something that “performs a data confirmation and data exclusion with respect to the plurality pieces of structured data according to the operational definition, and performs a computation to the plurality pieces of structured data according to the viewing request to obtain a set of statistical data.”
A “data visualization module” is being interpreted as something that is “connected to the target database” (0021) and something that is “used for displaying the set of statistical data through a user interface” (0023)
A “mission scheduling module” is being interpreted as something that “is connected to the data retrieving module” (0038) and something that “arranges the data retrieving module 120 to retrieve or update data for multiple medical quality indicator performs.” (0053)
A “schedule control unit” is being interpreted as a part of the mission scheduling module and something that triggers the data retrieving module (0053)
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.
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.
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, 3, 4, 6-9, 11, 12 and 14-16 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 Analysis:
Claims 1, 3, 4, 6-9, 11, 12 and 14-16 are directed to a method, apparatus, or system for managing a medical quality indicator and therefore falls into one of the four statutory categories.
(Step 1: Yes, the claim falls into one of the four statutory categories).
Step 2A analysis: Prong one:
The independent Claims 1 and 9, taking Claim 1 as example, recite the following limitations:
a request for viewing the medical quality indicator or based on an update frequency of the medical quality indicator defined in a data update frequency control table, the data retrieving module obtains required data from one or more primary database for medical data according to an operational definition of the medical quality indicator, preprocesses the required data, and stores the preprocessed data as a plurality of structured data in the target database, each structured data including patient data of a patient, clinical index data of the patient, and indicator factor data of the medical quality indicator; and based on a hot data interval of the medical quality indicator defined in the data update frequency control table, the data retrieving module determines whether to obtain only data of the required data present in the hot data interval or to obtain obtains data of the required data present in the hot data interval according to the update frequency; performs data confirmation and data exclusion on the plurality of structured data according to the operational definition, and to performs computation on the plurality of structured data according to the viewing request to obtain a set of statistical data; and display the set of statistical data through a user interface; wherein the operational definition specifies one or more data items required for evaluating the medical quality indicator, and the data retrieving module obtains the required data from one or more corresponding primary databases according to the data items; wherein a cold data interval is further defined in the data update frequency control table, and the data retrieving module first determines whether both data of the required data present in the hot data interval and data of the required data present in the cold data interval are stored as structured data in the target database, and if not, obtains the missing data and stores it as structured data in the target database, and if yes, obtains only the data of the required data present in the hot data interval and stores it as structured data in the target database, or updates the plurality of structured data stored in the target database accordingly.
The above claim describes a system for retrieving data from a database, storing data based on characteristics, analyzing structured data, and displaying data with a user interface.
Dependent Claims are directed towards:
Retrieving data from a database
The data that patient data can include
The data that clinical index data can include
Identifying cold data and hot data
A mission schedule module
A mission description list
A schedule control unit
Accordingly, the claims recite “certain methods of organizing human activity,” which falls within the judicial exception of an abstract idea. (Step 2A – Prong one: Yes, the claim is abstract).
Step 2A Analysis: Prong two:
Claims 1, 6, 9, and 14 recite additional elements beyond the abstract idea. The judicial exception is not integrated into a practical application. Claims 1 and 9 recite: a target database, a data retrieving module, a data analyzing module, a data visualization module, and a user interface. Claims 6 and 14 recite a mission scheduling module and a schedule control unit.
These additional elements are recited at a high level of generality (i.e., as a generic processor performing generic computer functions), such that it amounts to no more than mere instructions to apply the exceptions using a generic computer component.
The Applicants specification indicates “a target database” “stores medical data” (0021)
The Applicants specification indicates “a data retrieving module” is “connected to the target database” (0021) and “obtains required data from one or more primary database for medical data according to an operational definition of the medical quality indicator, and preprocesses the required data and stores it as a plurality pieces of structured data of the medical quality indicator in the target database” (0021)
The Applicants specification indicates “a data analyzing module” is “connected to the target database” (0021) and “performs a data confirmation and data exclusion with respect to the plurality pieces of structured data according to the operational definition, and performs a computation to the plurality pieces of structured data according to the viewing request to obtain a set of statistical data.”
The Applicants specification indicates a data visualization module “ is connected to the target database” (0021) and “used for displaying the set of statistical data through a user interface” (0023)
The Applicants specification indicates a user interface is something that data can be displayed with (0013)
The Applicants specification indicates a mission scheduling module “is connected to the data retrieving module” (0038) and “arranges the data retrieving module 120 to retrieve or update data for multiple medical quality indicator performs.” (0053)
The Applicants specification indicates a schedule control unit is a part of the mission scheduling module and triggers the data retrieving module (0053)
Accordingly, these additional elements when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Therefore Claims 1, 6, 9, and 14 are directed to an abstract idea without practical application. (Step 2A – Prong two: No, the additional elements are not integrated into a practical application).
Step 2B
The present claims do not include additional elements that are sufficient to amount to more than the abstract idea because the additional elements or combination of elements: (1) do not improve the functioning of a computer or any other technology or technical field, and (2) merely use the additional elements for implementing the abstract idea.
A. Improvements to the Functioning of a Computer or To Any Other Technology or Technical
Field. MPEP 2106.05(a)
The additional elements of Claims 1, 6, 9, and 14 do not integrate the abstract idea into a practical application and only use those elements for performing the abstract idea and not more than the judicial exception itself. None of the claims recite an “inventive concept” because the additional elements fail to improve the functioning of a computer or any other technology or technical field (See MPEP 2106.05(a)).
The Applicants specification indicates “a target database” “stores medical data” (0021)
The Applicants specification indicates “a data retrieving module” is “connected to the target database” (0021) and “obtains required data from one or more primary database for medical data according to an operational definition of the medical quality indicator, and preprocesses the required data and stores it as a plurality pieces of structured data of the medical quality indicator in the target database” (0021)
The Applicants specification indicates “a data analyzing module” is “connected to the target database” (0021) and “performs a data confirmation and data exclusion with respect to the plurality pieces of structured data according to the operational definition, and performs a computation to the plurality pieces of structured data according to the viewing request to obtain a set of statistical data.”
The Applicants specification indicates a data visualization module “ is connected to the target database” (0021) and “used for displaying the set of statistical data through a user interface” (0023)
The Applicants specification indicates a user interface is something that data can be displayed with (0013)
The Applicants specification indicates a mission scheduling module “is connected to the data retrieving module” (0038) and “arranges the data retrieving module 120 to retrieve or update data for multiple medical quality indicator performs.” (0053)
The Applicants specification indicates a schedule control unit is a part of the mission scheduling module and triggers the data retrieving module (0053)
The claimed additional elements are used in a conventional manner to receive data, retrieve data, process data, store data, update data, etc., and the specification does not disclose any specific technical improvement in how these functions are performed.
The use of a computer or processor to merely automate or implement the abstract idea cannot provide significantly more than the abstract idea itself. There is no indication that the additional limitations alone or in combination improves the functioning of a computer or any other technology, improves another technology or technical field, or effects a transformation or reduction of a particular article to a different state or thing.
There is no indication in the claims or specification that the invention improves the performance, efficiency, security, or functionality of a computer system beyond using generic components to perform a judicial exception. The claims do not improve how computers store, receive, analyze, update, display or process data, nor do they enhance any other technical field.
Thus, because the claims fail to recite an improvement to the functioning of a computer or any other technology or technical field, they do not amount to significantly more than the judicial exception itself.
B. Instructions to Implement the Judicial Exception. MPEP 2106.05(f)
The additional elements of Claims 1, 6, 9, and 14 do not integrate the abstract idea into a practical application and only use those elements for performing the abstract idea and mere instructions to perform the abstract idea using a computer is not sufficient to amount to significantly more than the abstract idea (See MPEP 2106.05(f)).
The requirement to execute the claimed steps/functions using one or more processors, a database, data modules, user interfaces, etc., are equivalent to adding the words “apply it” on a generic computer and/or mere instructions to implement the abstract idea on a generic computer.
Similarly, the limitations of using a one or more processing elements, an administrator portal, a mobile application, a server, etc., (Claims 1-16) are recited at a high level of generality and amount to no more than mere instructions to apply the exception using generic computer components. This/these limitation(s) do/does not impose any meaningful limits on practicing the abstract idea, and therefore do/does not integrate the abstract idea into a practical application (See MPEP 2106.05(f)). (Step 2B: No, the claims do not provide significantly more).
In conclusion, the claims are directed to the abstract idea for managing a medical quality indicator and to store, receive, analyze, update, display or process data etc.. The claims do not provide an inventive concept, because the claims do not recite additional elements or a combination of elements that amount to significantly more than the judicial exception of the claims. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology or contains instructions to implement the judicial exception, and the collective functions merely provide conventional computer implementation. Therefore, whether taken individually or as an ordered combination, the claims are nonetheless rejected under 35 U.S.C. 101 as being directed to nonstatutory subject matter.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3, 4, 6, 9, 11, 12 and 14 are rejected under 35 U.S.C 103 as being unpatentable over US Patent Application Publication No. 20040078236 (“Stoodley”) in view of US Patent Application Publication No. 20230054862 (“Ramesh”).
With respect to Claims 1 and 9,
Stoodley teaches A system for managing a medical quality indicator, comprising: a target database for medical data; (“A healthcare data analysis system comprising: a database having patient data…”) (Stoodley [Claim 36]) Stoodley teaches A method for managing a medical quality indicator, comprising: providing a target medical information database, (“A method implemented in a computer system for organizing healthcare patient data in a database…”) (Stoodley [Claim 13])
a data retrieving module connected to the target database, (“…and a means for retrieving the particular patient data…”) (Stoodley [0023]) (Examiner note: Means for retrieving patient data is interpreted as a data retrieving module connected to the target database)
wherein, in response to a request for viewing the medical quality indicator or based on an update frequency of the medical quality indicator defined in a data update frequency control table, the data retrieving module obtains required data from one or more primary database for medical data according to an operational definition of the medical quality indicator, (The type of requested output of information from the search results is selected by choosing from a series of "search for" options 190, such as "patients," "demographics," "complications," "details," "outcomes," "images," and "TCDs." When the user station receives a search request from a user, the database searches each table for data matching the criteria. The identifier for the matched data is recognized and the "search for" data with the same identifier is retrieved…”) (Stoodley [0153]) and (“The present database stores data that may be retrieved to perform multiple tasks by the system. “) (Stoodley [0019])
preprocesses the required data, and stores the preprocessed data as a plurality of structured data in the target database, each structured data including patient data of a patient, clinical index data of the patient, and indicator factor data of the medical quality indicator; (“Transformation of raw clinical data into comprehensive information provides invaluable knowledge to perform a wide variety of tasks.”) (Stoodley [0007]) (Examiner note: Transforming raw data into comprehensive information is interpreted as preprocessing required data) and (“The storage unit stores the patient data…”) (Stoodley [0157]) and (“A patient's encounters from the first presentation for a particular healthcare issue until the absolute completion of treatment and follow-up may be tracked as a "patient management cycle". Some encounter types include referral interview, outpatient consultation, outpatient procedure, inpatient consultation, inpatient procedure, hospital admission, emergency admission, diagnostic study, etc”) (Stoodley [0069]) (Examiner note: Tracking encounter types of a patient is interpreted as storing clinical index data, Applicant specification states “…the clinical index data includes outpatient, emergency department, inpatient, or a combination thereof.” (0008)) and (“…lengths of intensive care, hospital stay and outcome score.”) (Stoodley [0148]) (Examiner note: Length of stay is interpreted as indicator factor data)
Stoodley does not teach the limitation taught by Ramesh
Ramesh teaches and based on a hot data interval of the medical quality indicator defined in the data update frequency control table, the data retrieving module determines whether to obtain only data of the required data present in the hot data interval or to obtain obtains data of the required data present in the hot data interval according to the update frequency; (“As described in more detail, herein, embodiments can further optimize execution of workloads in mobile computing system by writing data associated with the workloads to the memory devices based on characteristics of that data such as access frequencies of data involved in execution of the workloads. Access frequency of the data can refer to a quantity of accesses (e.g., reads, writes, etc.) involving the data in execution of the workloads. Access frequency of the data can be referred to herein in terms of “hot data” and “cold data.” “Cold data,” as used herein, means that a particular memory object has not been accessed for a long duration relative to other memory objects read from a memory device. “Hot data,” as used herein, means that a particular memory object has been accessed frequently relative to other memory objects read from a memory device.”) (Ramesh [0026]) and (“For example, if certain data involved in execution of a workload is determined to be “hot,” such data can be written to a memory device that includes a media type that is well suited for making data quickly accessible.”) (Ramesh [0027])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method as taught by Stoodley to include data retrieving based on hot and cold data, as taught by Ramesh with the motivation to “improve resource usage and/or data precision by allowing for the dynamic range of the data to varied based on the application and/or computation for which the data will be used” (Ramesh [0085]). In the combination of elements, it would have been obvious to one of ordinary skill in the art to add ability to retrieve data based on hot and cold data.
Stoodley teaches a data analyzing module connected to the target database, configured to performs data confirmation and data exclusion on the plurality of structured data according to the operational definition, (“The present invention relates generally to the storage, retrieval and analysis of healthcare information using a computer, and more particularly to computer-based systems for analyzing a comprehensive collection of healthcare patient data”) (Stoodley [0003]) (Examiner note: Computer-based systems for analyzing data is interpreted as a data analyzing module) and (“Alternatively, the central server may receive the personal data and remove this data from the data set prior to storing the data. In other cases, the central server may store the personal data but restrict access to the sensitive data, such as by removing the personal data from the selected data prior to sending the data to a user station.”) (Stoodley [0164]) (Examiner note: Removing personal data is interpreted as performing data exclusion according to operational definition.) and (“…billing including data collection and validation…) (Stoodley [0019]) (Examiner note: Data validation is interpreted as data confirmation)
and to performs computation on the plurality of structured data according to the viewing request to obtain a set of statistical data; (“The database performs the requested computations, such as itemizing total numbers of matching "search for" data. The output may be posted as graphic representations, such as pie charts, bar charts, graphs, etc. of the results or in the form of lists or spreadsheet tables.”) (Stoodley [0154])
a data visualization module connected to the data analyzing module and configured to display the set of statistical data through a user interface; (“…a display that is in communication with the processor is provided.”) (Stoodley [0023]) (Examiner note: A display is interpreted as a data visualization module) and (“In particular applications, the patient data that are extracted from a query search is analyzed by the database and the statistical results are optionally displayed, such as a graph form, e.g. pie chart, bar chart, etc.”) (Stoodley [0133])
Stoodley does not teach the limitations taught by Ramesh. Ramesh teaches wherein the operational definition specifies one or more data items required for evaluating the medical quality indicator, and the data retrieving module obtains the required data from one or more corresponding primary databases according to the data items; (“As described in more detail, herein, embodiments can further optimize execution of workloads in mobile computing system by writing data associated with the workloads to the memory devices based on characteristics of that data such as access frequencies of data involved in execution of the workloads. Access frequency of the data can refer to a quantity of accesses (e.g., reads, writes, etc.) involving the data in execution of the workloads. Access frequency of the data can be referred to herein in terms of “hot data” and “cold data.” “Cold data,” as used herein, means that a particular memory object has not been accessed for a long duration relative to other memory objects read from a memory device. “Hot data,” as used herein, means that a particular memory object has been accessed frequently relative to other memory objects read from a memory device.”) (Ramesh [0026]) (Examiner note: Access frequency is interpreted as a defined data item for evaluating the medical quality indicator. Making data more accessible based on characteristics such as hot or cold is interpreted as obtaining required data according to data items for retrieving data)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method as taught by Stoodley to include definitions for evaluating the medical quality indicator, as taught by Ramesh with the motivation to “improve resource usage and/or data precision by allowing for the dynamic range of the data to varied based on the application and/or computation for which the data will be used” (Ramesh [0085]). In the combination of elements, it would have been obvious to one of ordinary skill in the art to include definitions for evaluating the medical quality indicator.
Stoodley does not teach the limitation taught by Ramesh
Ramesh teaches wherein a cold data interval is further defined in the data update frequency control table, (“Access frequency of the data can refer to a quantity of accesses (e.g., reads, writes, etc.) involving the data in execution of the workloads. Access frequency of the data can be referred to herein in terms of “hot data” and “cold data.” “Cold data,” as used herein, means that a particular memory object has not been accessed for a long duration relative to other memory objects read from a memory device. “Hot data,” as used herein, means that a particular memory object has been accessed frequently relative to other memory objects read from a memory device.”) (Ramesh [0026]) (Examiner note: Cold data being data not accessing data for a long duration relative to other memory objects is interpreted as a cold data interval and A quantity of accesses is interpreted as the data update frequency control table)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method as taught by Stoodley to include a cold data interval in the update frequency control table, as taught by Ramesh with the motivation to “improve resource usage and/or data precision by allowing for the dynamic range of the data to varied based on the application and/or computation for which the data will be used” (Ramesh [0085]). In the combination of elements, it would have been obvious to one of ordinary skill in the art to include a cold data interval in the update frequency control table.
Stoodley does not teach the limitation taught by Ramesh
Ramesh teaches the data retrieving module first determines whether both data of the required data present in the hot data interval and data of the required data present in the cold data interval are stored as structured data in the target database, and if not, obtains the missing data and stores it as structured data in the target database, and if yes, obtains only the data of the required data present in the hot data interval and stores it as structured data in the target database, or updates the plurality of structured data stored in the target database accordingly. (“In some embodiments, data that is classified as hot data can be written to the SLC portion 335 while data that is classified as cold data can be written to the TLC portion 337, or vice versa, as part of optimizing performance of the memory system 304 during execution of the application and corresponding workloads. By selectively writing portions of data involved in execution of the application to different memory portions (e.g., to a SLC portion 335 and/or a TLC portion 337) of the NAND memory device 333, performance of the computing system…can be improved in comparison to some approaches.”) (Ramesh [0088]) (Examiner note: Data stored as cold or hot data in different memories based on workloads and system efficiency) and (“For example, if data corresponding to a particular workload is stored in the memory device 223, the controller 220 and/or the processor 222 can, in response to a determination that the workload may be more efficiently executed (e.g., optimized) using a different memory device, cause at least a portion of the data corresponding to the particular workload to be written to the memory device 225 and/or to the memory device 227.”) (Ramesh [0071]) (Examiner note: Changing where data is stored based on optimization is interpreted as determining whether or not structured data is present in the targeted database and if it is not then rewriting the data into the target database)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method as taught by Stoodley to include a module that can retrieve hot and cold data and include a module that if the data retrieved is not included in the hot data to be written into memory as hot data, as taught by Ramesh with the motivation to “improve resource usage and/or data precision by allowing for the dynamic range of the data to varied based on the application and/or computation for which the data will be used” (Ramesh [0085]). In the combination of elements, it would have been obvious to one of ordinary skill in the art include a module that can retrieve hot and cold data and include a module that if the data retrieved is not included in the hot data to be written into memory as hot data.
With respect to Claim 3,
Stoodley and Ramesh teach the limitations of Claim 1
Stoodley teaches wherein the patient data includes medical record number, hospitalization number, inspection sheet number, name, gender, birthday, or a combination thereof. (“Another screen provides demographic data for a patient. FIG. 7 depicts one embodiment of demographics screen 230. Fields for demographic data may include "name", "age", "contact details", insurance details, such as the "insurance company name" field 232 to be used during billing related tasks, the facility providing treatment, as the "hospital" field 234, with the treating facility's patient identifier, as the "record number" field 236, the "professional(s) providing treatment", and the "referring doctor".”) (Stoodley [0100]) (Examiner note: See also Fig. 7 for “date of birth” patient data and other relevant displayed patient data)
With respect to Claim 4,
Stoodley and Ramesh teach the limitations of Claim 1
Stoodley teaches wherein the clinical index data includes comprises one or more of outpatient data, emergency department data, and inpatient data. (“A patient's encounters from the first presentation for a particular healthcare issue until the absolute completion of treatment and follow-up may be tracked as a "patient management cycle". Some encounter types include referral interview, outpatient consultation, outpatient procedure, inpatient consultation, inpatient procedure, hospital admission, emergency admission, diagnostic study, etc”) (Stoodley [0069]) (Examiner note: Tracking the data for the type of patient encounter is interpreted as clinical index data)
With respect to Claim 6,
Stoodley and Ramesh teach the limitations of Claim 1
Stoodley does not teach the limitation taught by Ramesh
Ramesh teaches further comprising further comprising a mission scheduling module connected to the data retrieving module and configured to schedule data retrieval or update for a plurality of medical quality indicators (“In some embodiments, data that is classified as hot data can be written to the SLC portion 335 while data that is classified as cold data can be written to the TLC portion 337, or vice versa, as part of optimizing performance of the memory system 304 during execution of the application and corresponding workloads. By selectively writing portions of data involved in execution of the application to different memory portions (e.g., to a SLC portion 335 and/or a TLC portion 337) of the NAND memory device 333, performance of the computing system…can be improved in comparison to some approaches.”) (Ramesh [0088]) (Examiner note: Writing data into different storages based on characteristics such as hot or cold data is interpreted as arranging data that is retrieved based on medical quality indicators)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method as taught by Stoodley to include a module that can arrange data that is retrieved, as taught by Ramesh with the motivation to “improve resource usage and/or data precision by allowing for the dynamic range of the data to varied based on the application and/or computation for which the data will be used” (Ramesh [0085]). In the combination of elements, it would have been obvious to one of ordinary skill in the art include a module that can arrange data that is retrieved.
Stoodley does not teach the limitation taught by Ramesh
Ramesh teaches the mission scheduling module having a mission description list (“In some embodiments, data that is classified as hot data can be written to the SLC portion 335 while data that is classified as cold data can be written to the TLC portion 337…”) (Ramesh [0088]) (Examiner note: The Applicant’s specification states that the mission description list records the medical quality indicators (0053), classifying data as hot or cold is interpreted as recording a medical quality indicator)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method as taught by Stoodley to include a mission scheduling module, as taught by Ramesh with the motivation to “improve resource usage and/or data precision by allowing for the dynamic range of the data to varied based on the application and/or computation for which the data will be used” (Ramesh [0085]). In the combination of elements, it would have been obvious to one of ordinary skill in the art include a mission scheduling module.
Stoodley teaches a schedule control unit. (Examiner note: The Applicant’s specification explains that the schedule control unit triggers the data retrieving module to retrieve or update data (0053)) (“ The present healthcare patient data analysis system and method for its use may facilitate numerous different tasks and the patient data may be available for retrieval”) (Stoodley [0133]) (Examiner note: Data is available for retrieval) and (“…the patient data that are extracted from a query search is analyzed by the database and the statistical results are optionally displayed, such as a graph form, e.g. pie chart, bar chart, etc.”) (Stoodley [0133]) (Examiner note: The search functionality used of retrieving the data is interpreted as a schedule control unit)
With respect to Claim 11,
Stoodley and Ramesh teach the limitations of Claim 9
Stoodley teaches wherein the patient data includes medical record number, hospitalization number, inspection sheet number, name, gender, birthday, or a combination thereof. (“Another screen provides demographic data for a patient. FIG. 7 depicts one embodiment of demographics screen 230. Fields for demographic data may include "name", "age", "contact details", insurance details, such as the "insurance company name" field 232 to be used during billing related tasks, the facility providing treatment, as the "hospital" field 234, with the treating facility's patient identifier, as the "record number" field 236, the "professional(s) providing treatment", and the "referring doctor".”) (Stoodley [0100]) (Examiner note: See also Fig. 7 for “date of birth” patient data and other relevant displayed patient data)
With respect to Claim 12,
Stoodley and Ramesh teach the limitations of Claim 9
Stoodley teaches wherein the clinical index data includes comprises one or more of outpatient data, emergency department data, and inpatient data. (“A patient's encounters from the first presentation for a particular healthcare issue until the absolute completion of treatment and follow-up may be tracked as a "patient management cycle". Some encounter types include referral interview, outpatient consultation, outpatient procedure, inpatient consultation, inpatient procedure, hospital admission, emergency admission, diagnostic study, etc”) (Stoodley [0069]) (Examiner note: Tracking the data for the type of patient encounter is interpreted as clinical index data)
With respect to Claim 14,
Stoodley and Ramesh teach the limitations of Claim 9
Stoodley does not teach the limitation taught by Ramesh
Ramesh teaches wherein a mission scheduling module is further provided, the mission scheduling module being connected to the date retrieving module and configured to schedule data retrieval or updates for a plurality of medical quality indicators, (“In some embodiments, data that is classified as hot data can be written to the SLC portion 335 while data that is classified as cold data can be written to the TLC portion 337, or vice versa, as part of optimizing performance of the memory system 304 during execution of the application and corresponding workloads. By selectively writing portions of data involved in execution of the application to different memory portions (e.g., to a SLC portion 335 and/or a TLC portion 337) of the NAND memory device 333, performance of the computing system…can be improved in comparison to some approaches.”) (Ramesh [0088]) (Examiner note: Writing data into different storages based on characteristics such as hot or cold data is interpreted as arranging data that is retrieved based on medical quality indicators)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method as taught by Stoodley to include a module that can arrange data that is retrieved, as taught by Ramesh with the motivation to “improve resource usage and/or data precision by allowing for the dynamic range of the data to varied based on the application and/or computation for which the data will be used” (Ramesh [0085]). In the combination of elements, it would have been obvious to one of ordinary skill in the art include a module that can arrange data that is retrieved.
Stoodley does not teach the limitation taught by Ramesh
Ramesh teaches the mission scheduling module having a mission description list (“In some embodiments, data that is classified as hot data can be written to the SLC portion 335 while data that is classified as cold data can be written to the TLC portion 337…”) (Ramesh [0088]) (Examiner note: The Applicant’s specification states that the mission description list records the medical quality indicators (0053), classifying data as hot or cold is interpreted as recording a medical quality indicator)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method as taught by Stoodley to include a mission scheduling module, as taught by Ramesh with the motivation to “improve resource usage and/or data precision by allowing for the dynamic range of the data to varied based on the application and/or computation for which the data will be used” (Ramesh [0085]). In the combination of elements, it would have been obvious to one of ordinary skill in the art include a mission scheduling module.
Stoodley teaches and a schedule control unit. (Examiner note: The Applicant’s specification explains that the schedule control unit triggers the data retrieving module to retrieve or update data (0053)) (“ The present healthcare patient data analysis system and method for its use may facilitate numerous different tasks and the patient data may be available for retrieval”) (Stoodley [0133]) (Examiner note: Data is available for retrieval) and (“…the patient data that are extracted from a query search is analyzed by the database and the statistical results are optionally displayed, such as a graph form, e.g. pie chart, bar chart, etc.”) (Stoodley [0133]) (Examiner note: The search functionality used of retrieving the data is interpreted as a schedule control unit)
Claims 7, 8, 15 and 16 are rejected under 35 U.S.C 103 as being unpatentable over US Patent Application Publication No. 20040078236 (“Stoodley”) in view of US Patent Application Publication No. 20230054862 (“Ramesh”) in view of US Patent Application Publication No. 20220107947 (“Clark”).
With respect to Claim 7,
Stoodley and Ramesh teach the limitations of Claim 6
Stoodley does not teach the limitation taught by Clark
Clark teaches wherein the mission description list records an update frequency, (“In other aspects, for the future queries which are not successful at obtaining update data, the system re-queries the data store computer to obtain the update data at a frequency which has been adjusted based on queries initiated when expected update data indicated updated data was not expected to be available.”) (Clark [0048]) (Examiner note: Update data frequency at a chosen rate is interpreted as recording an update frequency)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method as taught by Stoodley to include a mission description list with an update frequency, as taught by Clark with the motivation “to have a system capable of learning and improving performance over time based on results and successful or failed access attempts.” (Clark [0031]). In the combination of elements, it would have been obvious to one of ordinary skill in the art include a description list with an update frequency.
Stoodley does not teach the limitation taught by Clark
Clark teaches a retry frequency, (“A retry frequency count is set to determine how often to retry the system…”) (Examiner note: A retry frequency count is interpreted as a retry frequency) (Clark [0062])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method as taught by Stoodley to include a mission description list with a retry frequency, as taught by Clark with the motivation “to have a system capable of learning and improving performance over time based on results and successful or failed access attempts.” (Clark [0031]). In the combination of elements, it would have been obvious to one of ordinary skill in the art include a description list with a retry frequency.
Stoodley does not teach the limitation taught by Ramesh
Ramesh teaches a hot data interval (“Access frequency of the data can be referred to herein in terms of “hot data” and “cold data.”) (Ramesh [0026])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method as taught by Stoodley to include a description list with a hot data interval, as taught by Ramesh with the motivation to “improve resource usage and/or data precision by allowing for the dynamic range of the data to varied based on the application and/or computation for which the data will be used” (Ramesh [0085]). In the combination of elements, it would have been obvious to one of ordinary skill in the art include a description list with a hot data interval.
and an upstream mission name for each of the plurality of medical quality indicators. (“The system should allow for searching across multiple layers of variables. In particular, there is a desire for a computer-based system that allows for storage and manipulation of a highly descriptive body of patient data that is useful in conducting multiple tasks.”) (Stoodley [0015]) (Examiner note: An individual search is interpreted as an upstream mission name)
With respect to Claim 8,
Stoodley and Ramesh teach the limitations of Claim 6
Stoodley teaches wherein the schedule control unit is configured to activate the data retrieving module to perform data retrieval or update according to the mission description list. (Examiner note: The Applicant’s specification explains that the schedule control unit triggers the data retrieving module to retrieve or update data (0053)) (“ The present healthcare patient data analysis system and method for its use may facilitate numerous different tasks and the patient data may be available for retrieval”) (Stoodley [0133]) (Examiner note: Data is available for retrieval) and (“…the patient data that are extracted from a query search is analyzed by the database and the statistical results are optionally displayed, such as a graph form, e.g. pie chart, bar chart, etc.”) (Stoodley [0133]) (Examiner note: The search functionality used of retrieving the data is interpreted as a schedule control unit)
With respect to Claim 15,
Stoodley and Ramesh teach the limitations of Claim 14
Stoodley does not teach the limitation taught by Clark
Clark teaches wherein the mission description list records an update frequency, (“In other aspects, for the future queries which are not successful at obtaining update data, the system re-queries the data store computer to obtain the update data at a frequency which has been adjusted based on queries initiated when expected update data indicated updated data was not expected to be available.”) (Clark [0048]) (Examiner note: Update data frequency at a chosen rate is interpreted as recording an update frequency)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method as taught by Stoodley to include a mission description list with an update frequency, as taught by Clark with the motivation “to have a system capable of learning and improving performance over time based on results and successful or failed access attempts.” (Clark [0031]). In the combination of elements, it would have been obvious to one of ordinary skill in the art include a description list with an update frequency.
Stoodley does not teach the limitation taught by Clark
Clark teaches a retry frequency, (“A retry frequency count is set to determine how often to retry the system…”) (Examiner note: A retry frequency count is interpreted as a retry frequency) (Clark [0062])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method as taught by Stoodley to include a mission description list with a retry frequency, as taught by Clark with the motivation “to have a system capable of learning and improving performance over time based on results and successful or failed access attempts.” (Clark [0031]). In the combination of elements, it would have been obvious to one of ordinary skill in the art include a description list with a retry frequency.
Stoodley does not teach the limitation taught by Ramesh
Ramesh teaches a hot data interval (“Access frequency of the data can be referred to herein in terms of “hot data” and “cold data.”) (Ramesh [0026])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method as taught by Stoodley to include a description list with a hot data interval, as taught by Ramesh with the motivation to “improve resource usage and/or data precision by allowing for the dynamic range of the data to varied based on the application and/or computation for which the data will be used” (Ramesh [0085]). In the combination of elements, it would have been obvious to one of ordinary skill in the art include a description list with a hot data interval.
and an upstream mission name for each of the plurality of medical quality indicators. (“The system should allow for searching across multiple layers of variables. In particular, there is a desire for a computer-based system that allows for storage and manipulation of a highly descriptive body of patient data that is useful in conducting multiple tasks.”) (Stoodley [0015]) (Examiner note: An individual search is interpreted as an upstream mission name)
With respect to Claim 16,
Stoodley and Ramesh teach the limitations of Claim 14
Stoodley teaches wherein the schedule control unit is configured to activate the data retrieving module to perform data retrieval or update according to the mission description list. (Examiner note: The Applicant’s specification explains that the schedule control unit triggers the data retrieving module to retrieve or update data (0053)) (“ The present healthcare patient data analysis system and method for its use may facilitate numerous different tasks and the patient data may be available for retrieval”) (Stoodley [0133]) (Examiner note: Data is available for retrieval) and (“…the patient data that are extracted from a query search is analyzed by the database and the statistical results are optionally displayed, such as a graph form, e.g. pie chart, bar chart, etc.”) (Stoodley [0133]) (Examiner note: The search functionality used of retrieving the data is interpreted as a schedule control unit)
Response to Arguments
As to the remark, Applicant asserted that
Applicant respectfully submits that even if claim 1 was deemed to recite a judicial exception, claim 1 integrates the alleged judicial exception into a practical application, and such an integration goes beyond generally linking the use of the judicial exception to a particular technological environment, and clearly limits the present invention to a specific and practical application of conditional data retrieval and storage management based on defined hot and cold data intervals for achieving optimized data retrieval efficiency, reduced network load on the one or more primary databases, and improved stability of the overall medical quality indicator reporting system.
Stoodley does not disclose or suggest storing structured data corresponding to medical quality indicators.
Stoodley does not disclose medical-quality-indicator-specific update frequencies or hot/cold intervals.
Ramesh is directed to memory optimization, not medical quality indicators.The proposed combination lacks a rational motivation and Amended claim 1 yields unexpected advantages.
Examiner respectfully traverses Applicant’s remark for the following reasons:
With respect to (a) Examiner would like to point out to applicant that the claim recites: Retrieving medical data from databases based on update frequency. Preprocessing and storing structured data (patient data, clinical index data, indicator factor data). Performing computations to obtain statistical data. Displaying statistical data through a user interface. These steps are essentially: Data collection (from primary medical databases). Data processing (preprocessing, structuring, computing statistics). Data presentation (displaying through a UI). Under MPEP 21060.04 guidance, these are examples of abstract ideas: Organizing and analyzing information (data retrieval, processing, statistical computation). Presenting information (data visualization). To pass prong-2, the claim must integrate the abstract idea into a practical application — e.g., improve computer functionality, use a particular machine in a non‑conventional way, or apply the idea in a way that is more than generic computer implementation. Here: The claim recites generic computing elements (modules, databases, UI), “data retrieving module,” “data analyzing module,” and “data visualization module” etc. — but these are generic computer components. The claim does not recite a specific algorithm or unconventional mechanism for implementing them. Therefore claims are directed toward ineligible subject matter under 101.
With respect to (b) Examiner would like to point out to applicant that Stoodley does teaches storing structured data corresponding to medical quality indicators. Stoodley [0157]) and (“A patient's encounters from the first presentation for a particular healthcare issue until the absolute completion of treatment and follow-up may be tracked as a "patient management cycle". Some encounter types include referral interview, outpatient consultation, outpatient procedure, inpatient consultation, inpatient procedure, hospital admission, emergency admission, diagnostic study, etc”) (Stoodley [0069]) (Examiner note: Tracking encounter types of a patient is interpreted as storing clinical index data, Applicant specification states “…the clinical index data includes outpatient, emergency department, inpatient, or a combination thereof.” (0008)) and (“…lengths of intensive care, hospital stay and outcome score.”) (Stoodley [0148]) (Examiner note: Length of stay is interpreted as indicator factor data)
With respect to (c) Examiner would like to point out to applicant that Stoodley does not disclose medical-quality-indicator-specific update frequencies or hot/cold intervals. Stoodley does teaches an update frequency of the medical quality indicator defined in a data update frequency control table (The type of requested output of information from the search results is selected by choosing from a series of "search for" options 190, such as "patients," "demographics," "complications," "details," "outcomes," "images," and "TCDs." When the user station receives a search request from a user, the database searches each table for data matching the criteria. The identifier for the matched data is recognized and the "search for" data with the same identifier is retrieved…”) (Stoodley [0153]) and (“The present database stores data that may be retrieved to perform multiple tasks by the system. “) (Stoodley [0019])
Examiner relied upon Ramesh, in same field, hot/cold intervals. Access frequency of the data can refer to a quantity of accesses (e.g., reads, writes, etc.) involving the data in execution of the workloads. Access frequency of the data can be referred to herein in terms of “hot data” and “cold data.” “Cold data,” as used herein, means that a particular memory object has not been accessed for a long duration relative to other memory objects read from a memory device. “Hot data,” as used herein, means that a particular memory object has been accessed frequently relative to other memory objects read from a memory device.”) (Ramesh [0026]) and (“For example, if certain data involved in execution of a workload is determined to be “hot,” such data can be written to a memory device that includes a media type that is well suited for making data quickly accessible.”) (Ramesh [0027])
With respect to (d) Examiner would like to point out to applicant thatIn response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, primary reference teaches medical quality indicators. Stoodley [0157]). Ramesh is also processing the medical related data and discloser of Ramesh used to fill specific gap of Stoodley which is explain in above rejection with motivation for combining both references.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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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/NEHA PATEL/Supervisory Patent Examiner, Art Unit 3699