DETAILED ACTION
This is responsive to RCE filed on 11/12/2025 in which claims 1-3 and 5-12 are presented for examination; Claims 1,11 and 12 have been amended.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/12/2025 has been entered.
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 and 5-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Regarding claim 1:
Step 1: Is the claim to a process, machine, manufacture or composition of matter?” Yes, it’s a method(process).
Step 2a Prong 1 (judicial exception)
Step 2A (1): “Does the claim recite an abstract idea, law of nature, or natural phenomenon? Yes , the claim comes under mental processes.
Claim 1 recites:
“A patient information processing method executed by one or more processors, the method comprising: obtaining a plurality of pieces of vital data of a patient; calculating a vital score indicating a condition of the patient using at least the plurality of pieces of vital data; displaying the vital score and the plurality of pieces of current vital data together with a user input button; generating summary information related to the vital score and/or the plurality of pieces of vital data during a specific period ; and displaying the summary information based on the user clicking the input button. ”
All the limitations above are abstract idea related to the mental process (concepts performed in the human mind (including an observation, evaluation, judgment, opinion)) with the exception of bold and underlined limitations. Claim language pertains to obtaining vital data of patient and calculating vital scire. A summary(e.g. patient’s summary) can be prepared/recorded based on vital data and scores in any specific period of time. Also, the vital data can be collected and analyzed for any specified period of time to obtain vital score. All of this can be done on paper.
Step 2A(2): Prong Two: evaluate whether the claim recites additional elements that integrate the exception into a practical application of the exception. NO
The claim does recite additional elements; however they don’t integrate the exception into a practical application of the exception.
processors (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f))
displaying (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f))
input button (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f))
Step 2B: evaluate whether the claim recites additional elements that amount to an inventive concept (aka “significantly more”) than the recited judicial exception? NO
As discussed previously with respect to Step 2A Prong Two, the additional element in the claim amounts to no more than mere instructions to apply the exception using a generic computer component.
The same analysis applies here in 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Dependent claims 2-3, and 5-10 further narrows the abstract idea and add the additional elements of “displaying”, “automatically determining”, “computer readable medium”.
Under step 2A, prong two, the additional elements don’t integrate the exception into a practical application of the exception as merely adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f).
As discussed previously with respect to Step 2A Prong Two, the additional elements in the claim amounts to no more than mere instructions to apply the exception using a generic computer component.
The same analysis applies here in 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Regarding claim 11, it is rejected under the same rationale as claim 1. In addition it adds the additional elements of “information processing device”, “memories”, “computer readable instruction”, “processors”.
Under step 2A, prong two, the additional elements don’t integrate the exception into a practical application of the exception as merely adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f).
As discussed previously with respect to Step 2A Prong Two, the additional elements in the claim amounts to no more than mere instructions to apply the exception using a generic computer component.
The same analysis applies here in 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Regarding claim 12, it is rejected under the same rationale as claim 1. In addition it adds the additional elements of “information processing system”, “server”, “display terminal”.
Under step 2A, prong two, the additional elements don’t integrate the exception into a practical application of the exception as merely adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f).
As discussed previously with respect to Step 2A Prong Two, the additional elements in the claim amounts to no more than mere instructions to apply the exception using a generic computer component.
The same analysis applies here in 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Claim Rejections - 35 USC § 102
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.
Claims 1-3 ,7- 8, and 10-12 are rejected under 35 U.S.C. 102a(1) as anticipated by Indorf et al. ( US 20180310822 A1)
Regarding claim 1, Indorf teaches a patient information processing method executed by one or more processors, the method comprising:
obtaining a plurality of pieces of vital data of a patient(para, “[0004] In addition to or instead of calculating spot checks, a medical device can calculate an early warning score (EWS). The EWS can represent an aggregation of vital signs and/or clinical observations and may represent the potential degree of patient deterioration. The EWS may be a sum of contributor scores for each of a plurality of physiological parameters (such as oxygen saturation, respiration rate, pulse rate, level of consciousness, temperature, blood pressure, or others). Each of the contributor scores and the EWS itself may be grouped together in a single area of the display, instead of being spread about the display as in some currently-available devices. A trend graph of EWS scores over time may also be displayed instead of or together with the contributor scores.” Note: Also, see fig. 2A.
Also, para, “[0056] The patient monitor 100 can display an EWS. As mentioned above, the EWS can represent an aggregation of vital signs and/or clinical observations and may represent the potential degree of patient deterioration….”);
calculating a vital score indicating a condition of the patient using at least the plurality of pieces of vital data (para, “[0004] In addition to or instead of calculating spot checks, a medical device can calculate an early warning score (EWS). The EWS can represent an aggregation of vital signs and/or clinical observations and may represent the potential degree of patient deterioration. The EWS may be a sum of contributor scores for each of a plurality of physiological parameters (such as oxygen saturation, respiration rate, pulse rate, level of consciousness, temperature, blood pressure, or others). Each of the contributor scores and the EWS itself may be grouped together in a single area of the display, instead of being spread about the display as in some currently-available devices. A trend graph of EWS scores over time may also be displayed instead of or together with the contributor scores.” Note: Also, see fig. 2A.
Also, para, “[0056] The patient monitor 100 can display an EWS. As mentioned above, the EWS can represent an aggregation of vital signs and/or clinical observations and may represent the potential degree of patient deterioration….”
Also, Fig. 2A below:
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displaying the vital score and the plurality of pieces of current vital data together with a user input button (Para, “[0057] By way of overview, the EWS may be initiated by a clinician (using, for example, a display option of the patient monitor 100), and then may be automatically calculated by the patient monitor 100. The patient monitor 100 may calculate contributor scores using measured values and/or clinician input, then combine these contributor scores into an aggregated EWS. The patient monitor 100 can output the EWS and associated contributor scores in a readily interpretable, high-visibility display with intuitive, optional multi-touchscreen navigation for easy and adaptable use in hospital environments.”
“[0087] Turning back to FIG. 4, the button 420 can be used to calculate a new set of contributor scores and/or EWS. Selection of the button 420 can cause the contributor scores to update automatically and the EWS to update automatically directly on the display 400. After selection of the button 420, the buttons 410 and 420 can disappear to reveal the full set of contributor scores and EWS (for example, as in FIG. 2). However, selecting the button 420 can cause another menu to be displayed, from which the EWS can be calculated (as in, for example, FIG. 6). More generally, selecting the button 420 can cause a spot check calculation ultimately to be made.”);
generating summary information related to the vital score and/or the plurality of pieces of vital data during specific period (para, “[0065] The display 200 includes two general regions, a first region 210 and a second (EWS) region 220. The first region 210 can include the majority of the display 200, and the second (EWS) region 220 includes a small horizontal section of the display below the region 210. The relative location of these two regions 210, 220 is unimportant and can be varied. The region 210 includes several horizontal rows 212. Each row 212 can represent a channel of data obtained by calculating a physiological parameter from a physiological signal, for example, received from a sensor coupled to a patient. Several rows 212 include numbers representing physiological parameter values (such as 97 for SpO.sub.2 percentage and 112 for pulse rate). In addition, the rows 212 include graphs that depict trend lines corresponding to those parameters over time. FIG. 2B depicts an example close-up of the second region 220 (with different scores, explained below, shown for illustration purposes).
Also, para, “[0148] One difference between the patient monitor display 200 of FIG. 2A and the display 3700 of FIG. 37 is that the EWS region 220 of FIG. 2A includes boxes 222 that depict numerical contributor scores that contribute to the EWS score shown in the box 224. In contrast, in FIG. 37 an EWS region 3720 is provided in a similar location to the EWS region 220 of FIG. 2A but instead of showing contributor scores, the EWS region 3720 depicts EWS trend values 3722 in a trend graph. Next to the EWS trend values 3722 is an EWS box 3724 that includes the EWS corresponding to the current parameters measured for the patient. In contrast, the EWS trend values 3722 depict a graph of dots with each dot corresponding to the previous EWS value occurring in time. Also, the EWS trend values 3722 may be colored in the same or similar manner as the contributor scores boxes 222 and the EWS box 224 described above. Note: Also, see limitation above.)
and displaying the summary information based on the user clicking the input button(See, at least Fig. 2A; Para, “[0057] By way of overview, the EWS may be initiated by a clinician (using, for example, a display option of the patient monitor 100), and then may be automatically calculated by the patient monitor 100. The patient monitor 100 may calculate contributor scores using measured values and/or clinician input, then combine these contributor scores into an aggregated EWS. The patient monitor 100 can output the EWS and associated contributor scores in a readily interpretable, high-visibility display with intuitive, optional multi-touchscreen navigation for easy and adaptable use in hospital environments.”
“[0087] Turning back to FIG. 4, the button 420 can be used to calculate a new set of contributor scores and/or EWS. Selection of the button 420 can cause the contributor scores to update automatically and the EWS to update automatically directly on the display 400. After selection of the button 420, the buttons 410 and 420 can disappear to reveal the full set of contributor scores and EWS (for example, as in FIG. 2). However, selecting the button 420 can cause another menu to be displayed, from which the EWS can be calculated (as in, for example, FIG. 6). More generally, selecting the button 420 can cause a spot check calculation ultimately to be made.”)
Regarding claim 2, Indorf teaches the patient information processing method according to claim 1.
Indorf further teaches , further comprising: a step of displaying the summary information( Note: see Fig. 2A and Fig. 37)
Regarding claim 3, Indorf teaches the patient information processing method according to claim 2.
Indorf further teaches wherein the step of displaying the summary information includes a step of displaying, on the same screen, at least one of information indicating a plurality of pieces of current vital data and information indicating a current vital score, and the summary information(para, “[0065] The display 200 includes two general regions, a first region 210 and a second (EWS) region 220. The first region 210 can include the majority of the display 200, and the second (EWS) region 220 includes a small horizontal section of the display below the region 210. The relative location of these two regions 210, 220 is unimportant and can be varied. The region 210 includes several horizontal rows 212. Each row 212 can represent a channel of data obtained by calculating a physiological parameter from a physiological signal, for example, received from a sensor coupled to a patient. Several rows 212 include numbers representing physiological parameter values (such as 97 for SpO.sub.2 percentage and 112 for pulse rate). In addition, the rows 212 include graphs that depict trend lines corresponding to those parameters over time. FIG. 2B depicts an example close-up of the second region 220 (with different scores, explained below, shown for illustration purposes). Note: Also, see Fig. 2A Fig. 37, and Fig. 3
Also, para “[0148] One difference between the patient monitor display 200 of FIG. 2A and the display 3700 of FIG. 37 is that the EWS region 220 of FIG. 2A includes boxes 222 that depict numerical contributor scores that contribute to the EWS score shown in the box 224. In contrast, in FIG. 37 an EWS region 3720 is provided in a similar location to the EWS region 220 of FIG. 2A but instead of showing contributor scores, the EWS region 3720 depicts EWS trend values 3722 in a trend graph. Next to the EWS trend values 3722 is an EWS box 3724 that includes the EWS corresponding to the current parameters measured for the patient. In contrast, the EWS trend values 3722 depict a graph of dots with each dot corresponding to the previous EWS value occurring in time. Also, the EWS trend values 3722 may be colored in the same or similar manner as the contributor scores boxes 222 and the EWS box 224 described above.”)
Regarding claim 7, Indorf teaches the patient information processing method according to claim 1.
Indorf further teaches wherein the summary information related to the vital score is information indicating at least one of a worst value, a fluctuation range, an average value, a mode value, a median value, and a trend of the vital score in the specific period(para, “[0004] In addition to or instead of calculating spot checks, a medical device can calculate an early warning score (EWS). The EWS can represent an aggregation of vital signs and/or clinical observations and may represent the potential degree of patient deterioration. The EWS may be a sum of contributor scores for each of a plurality of physiological parameters (such as oxygen saturation, respiration rate, pulse rate, level of consciousness, temperature, blood pressure, or others). Each of the contributor scores and the EWS itself may be grouped together in a single area of the display, instead of being spread about the display as in some currently-available devices. A trend graph of EWS scores over time may also be displayed instead of or together with the contributor scores.” Note: see Fig. 32-34, para 0148
Also, para “[0183] Turning to FIG. 68, another example trend interface 6800 is shown. The interface 6800 is similar to the interface of FIGS. 66 and 67 except that the user interface includes an emergency marker 6810 on the trend graph 6621 for the EWS score…...”)
Regarding claim 8, Indorf teaches the patient information processing method according to claim 1.
Indorf further teaches wherein the summary information related to the plurality of pieces of vital data is information indicating at least one of a worst value, a fluctuation range, an average value, a mode value, a median value, and a trend of each of the plurality of pieces of vital data in the specific period(para,“[0065]… The region 210 includes several horizontal rows 212. Each row 212 can represent a channel of data obtained by calculating a physiological parameter from a physiological signal, for example, received from a sensor coupled to a patient. Several rows 212 include numbers representing physiological parameter values (such as 97 for SpO.sub.2 percentage and 112 for pulse rate). In addition, the rows 212 include graphs that depict trend lines corresponding to those parameters over time. FIG. 2B depicts an example close-up of the second region 220 (with different scores, explained below, shown for illustration purposes)”
para, “[0137] FIGS. 32 through 34 illustrate additional example interfaces 3200 through 3400 that depict various trend views of previous spot checks. These interfaces 3200 depict patient information 3210, including manual parameters entered as described above, as well as rows 3220 of spot check trend data. The spot check trend data in the rows 3220 is organized in this example as a series of dots, with each dot having a number beneath it representing a particular measurement taken at a particular time. The measurement times correspond to a timeline 3230 shown at the bottom of the display. The dots representing parameter measurements can be connected with other dots to represent trends over time. A trend line 3221, drawn through the dots, depicts an approximate trend for each parameter (including EWS in this example).” Note: Also, see para 0148)
Regarding claim 10, Indorf teaches a computer readable medium that stores a program that causes a computer to execute the patient information processing method according to claim 1(para, “[0287] a processor in electrical communication with the circuit board, the processor configured to implement the executable instructions so as to: [0288] measure a plurality of physiological parameter values from the physiological signal; [0289] output the physiological parameter values to the display; [0290] detect that the physiological sensor has been disconnected from the patient….”
Also, para, “[0109] The gateway 1750 may be a server or appliance that collects data from multiple patient monitors and forwards that data to the EMR 1752. The EMR 1752 is an example electronic medical record database that stores patient medical data. …..”)
Regarding claim 11, Indorf teaches a patient information processing device, comprising:
one or more processors(see para 0078);
and one or more memories configured to store a computer readable instruction(see para 0113),
wherein when the computer readable instruction is executed by the one or more processors, the patient information processing device obtains a plurality of pieces of vital data of a patient(para, “[0004] In addition to or instead of calculating spot checks, a medical device can calculate an early warning score (EWS). The EWS can represent an aggregation of vital signs and/or clinical observations and may represent the potential degree of patient deterioration. The EWS may be a sum of contributor scores for each of a plurality of physiological parameters (such as oxygen saturation, respiration rate, pulse rate, level of consciousness, temperature, blood pressure, or others). Each of the contributor scores and the EWS itself may be grouped together in a single area of the display, instead of being spread about the display as in some currently-available devices. A trend graph of EWS scores over time may also be displayed instead of or together with the contributor scores.” Note: Also, see fig. 2A.
Also, para, “[0056] The patient monitor 100 can display an EWS. As mentioned above, the EWS can represent an aggregation of vital signs and/or clinical observations and may represent the potential degree of patient deterioration….”);
calculates a vital score indicating a condition of the patient using at least the plurality of pieces of vital data(para, “[0004] In addition to or instead of calculating spot checks, a medical device can calculate an early warning score (EWS). The EWS can represent an aggregation of vital signs and/or clinical observations and may represent the potential degree of patient deterioration. The EWS may be a sum of contributor scores for each of a plurality of physiological parameters (such as oxygen saturation, respiration rate, pulse rate, level of consciousness, temperature, blood pressure, or others). Each of the contributor scores and the EWS itself may be grouped together in a single area of the display, instead of being spread about the display as in some currently-available devices. A trend graph of EWS scores over time may also be displayed instead of or together with the contributor scores.” Note: Also, see fig. 2A.
Also, para, “[0056] The patient monitor 100 can display an EWS. As mentioned above, the EWS can represent an aggregation of vital signs and/or clinical observations and may represent the potential degree of patient deterioration….”
Also, Fig. 2A below:
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display the vital score and the plurality of pieces of current vital data together with a user input button((Para, “[0057] By way of overview, the EWS may be initiated by a clinician (using, for example, a display option of the patient monitor 100), and then may be automatically calculated by the patient monitor 100. The patient monitor 100 may calculate contributor scores using measured values and/or clinician input, then combine these contributor scores into an aggregated EWS. The patient monitor 100 can output the EWS and associated contributor scores in a readily interpretable, high-visibility display with intuitive, optional multi-touchscreen navigation for easy and adaptable use in hospital environments.”
“[0087] Turning back to FIG. 4, the button 420 can be used to calculate a new set of contributor scores and/or EWS. Selection of the button 420 can cause the contributor scores to update automatically and the EWS to update automatically directly on the display 400. After selection of the button 420, the buttons 410 and 420 can disappear to reveal the full set of contributor scores and EWS (for example, as in FIG. 2). However, selecting the button 420 can cause another menu to be displayed, from which the EWS can be calculated (as in, for example, FIG. 6). More generally, selecting the button 420 can cause a spot check calculation ultimately to be made.”))
generate the summary information related to the vital score and/or the plurality of pieces of vital data during specific period (para, “[0065] The display 200 includes two general regions, a first region 210 and a second (EWS) region 220. The first region 210 can include the majority of the display 200, and the second (EWS) region 220 includes a small horizontal section of the display below the region 210. The relative location of these two regions 210, 220 is unimportant and can be varied. The region 210 includes several horizontal rows 212. Each row 212 can represent a channel of data obtained by calculating a physiological parameter from a physiological signal, for example, received from a sensor coupled to a patient. Several rows 212 include numbers representing physiological parameter values (such as 97 for SpO.sub.2 percentage and 112 for pulse rate). In addition, the rows 212 include graphs that depict trend lines corresponding to those parameters over time. FIG. 2B depicts an example close-up of the second region 220 (with different scores, explained below, shown for illustration purposes).
Also, para, “[0148] One difference between the patient monitor display 200 of FIG. 2A and the display 3700 of FIG. 37 is that the EWS region 220 of FIG. 2A includes boxes 222 that depict numerical contributor scores that contribute to the EWS score shown in the box 224. In contrast, in FIG. 37 an EWS region 3720 is provided in a similar location to the EWS region 220 of FIG. 2A but instead of showing contributor scores, the EWS region 3720 depicts EWS trend values 3722 in a trend graph. Next to the EWS trend values 3722 is an EWS box 3724 that includes the EWS corresponding to the current parameters measured for the patient. In contrast, the EWS trend values 3722 depict a graph of dots with each dot corresponding to the previous EWS value occurring in time. Also, the EWS trend values 3722 may be colored in the same or similar manner as the contributor scores boxes 222 and the EWS box 224 described above. Note: Also, see limitation above)
and displays the summary information based on the user clicking the button(((See, at least Fig. 2A; Para, “[0057] By way of overview, the EWS may be initiated by a clinician (using, for example, a display option of the patient monitor 100), and then may be automatically calculated by the patient monitor 100. The patient monitor 100 may calculate contributor scores using measured values and/or clinician input, then combine these contributor scores into an aggregated EWS. The patient monitor 100 can output the EWS and associated contributor scores in a readily interpretable, high-visibility display with intuitive, optional multi-touchscreen navigation for easy and adaptable use in hospital environments.”
“[0087] Turning back to FIG. 4, the button 420 can be used to calculate a new set of contributor scores and/or EWS. Selection of the button 420 can cause the contributor scores to update automatically and the EWS to update automatically directly on the display 400. After selection of the button 420, the buttons 410 and 420 can disappear to reveal the full set of contributor scores and EWS (for example, as in FIG. 2). However, selecting the button 420 can cause another menu to be displayed, from which the EWS can be calculated (as in, for example, FIG. 6). More generally, selecting the button 420 can cause a spot check calculation ultimately to be made.”))
Regarding claim 12, Indorf teaches a patient information processing system, comprising:
a server(see para 0078, 0109);
and a display terminal communicably connected to the server(see para 0112),
wherein the patient information processing system obtains a plurality of pieces of vital data of a patient(para, “[0004] In addition to or instead of calculating spot checks, a medical device can calculate an early warning score (EWS). The EWS can represent an aggregation of vital signs and/or clinical observations and may represent the potential degree of patient deterioration. The EWS may be a sum of contributor scores for each of a plurality of physiological parameters (such as oxygen saturation, respiration rate, pulse rate, level of consciousness, temperature, blood pressure, or others). Each of the contributor scores and the EWS itself may be grouped together in a single area of the display, instead of being spread about the display as in some currently-available devices. A trend graph of EWS scores over time may also be displayed instead of or together with the contributor scores.” Note: Also, see fig. 2A.
Also, para, “[0056] The patient monitor 100 can display an EWS. As mentioned above, the EWS can represent an aggregation of vital signs and/or clinical observations and may represent the potential degree of patient deterioration….”);
calculates a vital score indicating a condition of the patient using at least the plurality of pieces of vital data(para, “[0004] In addition to or instead of calculating spot checks, a medical device can calculate an early warning score (EWS). The EWS can represent an aggregation of vital signs and/or clinical observations and may represent the potential degree of patient deterioration. The EWS may be a sum of contributor scores for each of a plurality of physiological parameters (such as oxygen saturation, respiration rate, pulse rate, level of consciousness, temperature, blood pressure, or others). Each of the contributor scores and the EWS itself may be grouped together in a single area of the display, instead of being spread about the display as in some currently-available devices. A trend graph of EWS scores over time may also be displayed instead of or together with the contributor scores.” Note: Also, see fig. 2A.
Also, para, “[0056] The patient monitor 100 can display an EWS. As mentioned above, the EWS can represent an aggregation of vital signs and/or clinical observations and may represent the potential degree of patient deterioration….”
Also, Fig. 2A below:
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displays the vital score and the plurality of pieces of current vital data together with a user input button(Para, “[0057] By way of overview, the EWS may be initiated by a clinician (using, for example, a display option of the patient monitor 100), and then may be automatically calculated by the patient monitor 100. The patient monitor 100 may calculate contributor scores using measured values and/or clinician input, then combine these contributor scores into an aggregated EWS. The patient monitor 100 can output the EWS and associated contributor scores in a readily interpretable, high-visibility display with intuitive, optional multi-touchscreen navigation for easy and adaptable use in hospital environments.”
“[0087] Turning back to FIG. 4, the button 420 can be used to calculate a new set of contributor scores and/or EWS. Selection of the button 420 can cause the contributor scores to update automatically and the EWS to update automatically directly on the display 400. After selection of the button 420, the buttons 410 and 420 can disappear to reveal the full set of contributor scores and EWS (for example, as in FIG. 2). However, selecting the button 420 can cause another menu to be displayed, from which the EWS can be calculated (as in, for example, FIG. 6). More generally, selecting the button 420 can cause a spot check calculation ultimately to be made.”);
generates summary information related to the vital score and/or the plurality of pieces of vital data during a specific period, (para, “[0065] The display 200 includes two general regions, a first region 210 and a second (EWS) region 220. The first region 210 can include the majority of the display 200, and the second (EWS) region 220 includes a small horizontal section of the display below the region 210. The relative location of these two regions 210, 220 is unimportant and can be varied. The region 210 includes several horizontal rows 212. Each row 212 can represent a channel of data obtained by calculating a physiological parameter from a physiological signal, for example, received from a sensor coupled to a patient. Several rows 212 include numbers representing physiological parameter values (such as 97 for SpO.sub.2 percentage and 112 for pulse rate). In addition, the rows 212 include graphs that depict trend lines corresponding to those parameters over time. FIG. 2B depicts an example close-up of the second region 220 (with different scores, explained below, shown for illustration purposes).
Also, para, “[0148] One difference between the patient monitor display 200 of FIG. 2A and the display 3700 of FIG. 37 is that the EWS region 220 of FIG. 2A includes boxes 222 that depict numerical contributor scores that contribute to the EWS score shown in the box 224. In contrast, in FIG. 37 an EWS region 3720 is provided in a similar location to the EWS region 220 of FIG. 2A but instead of showing contributor scores, the EWS region 3720 depicts EWS trend values 3722 in a trend graph. Next to the EWS trend values 3722 is an EWS box 3724 that includes the EWS corresponding to the current parameters measured for the patient. In contrast, the EWS trend values 3722 depict a graph of dots with each dot corresponding to the previous EWS value occurring in time. Also, the EWS trend values 3722 may be colored in the same or similar manner as the contributor scores boxes 222 and the EWS box 224 described above. Note: Also, see limitation above, and Fig. 2A))
and displays the summary information based on the user clicking the button(See, at least Fig. 2A; Para, “[0057] By way of overview, the EWS may be initiated by a clinician (using, for example, a display option of the patient monitor 100), and then may be automatically calculated by the patient monitor 100. The patient monitor 100 may calculate contributor scores using measured values and/or clinician input, then combine these contributor scores into an aggregated EWS. The patient monitor 100 can output the EWS and associated contributor scores in a readily interpretable, high-visibility display with intuitive, optional multi-touchscreen navigation for easy and adaptable use in hospital environments.”
“[0087] Turning back to FIG. 4, the button 420 can be used to calculate a new set of contributor scores and/or EWS. Selection of the button 420 can cause the contributor scores to update automatically and the EWS to update automatically directly on the display 400. After selection of the button 420, the buttons 410 and 420 can disappear to reveal the full set of contributor scores and EWS (for example, as in FIG. 2). However, selecting the button 420 can cause another menu to be displayed, from which the EWS can be calculated (as in, for example, FIG. 6). More generally, selecting the button 420 can cause a spot check calculation ultimately to be made.”)
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.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Indorf as modified by NAKATSUGAWA et al. (US 20200075144 A1) and in view of Hettig et al. (US 20200066415 A1)
Regarding claim 5, Indorf teaches the patient information processing method according to claim 1.
Indorf does not explicitly teach a step of automatically determining the specific period based on a difference between a previous log-in date-and-time and a latest log-in date-and-time for an application [that displays a plurality of pieces of patient information each of which is associated with respective one of a plurality of patients]
NAKATSUGAWA teaches a step of automatically determining the specific period based on a difference between a previous log-in date-and-time and a latest log-in date-and-time for an application [that displays a plurality of pieces of patient information each of which is associated with respective one of a plurality of patients](para, ““[0076] The alert is also performed by displaying the log-in notification list screen 64 at a point in time at which the requesting doctor A1 logs in to the medical examination support system 10 using the client terminal 11, as shown in FIG. 8. The log-in notification list screen 64 is a screen on which the contents notified from the previous log-out to the current log-in are displayed collectively. The log-in notification list screen 64 displays that an important report has been received, that there is a medical report revised after being read, and that there is a medical report that has been unread for seven days. Similar to the notification list screen 62, the important report or the medical report as a target can be displayed by clicking on a patient information portion, and the patient information portion can be displayed hidden.”
Note: Also , see Fig. 8:
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It would have been obvious for a person of ordinary skill in the art to apply determining specific period teachings of NAKATSUGAWA into the teachings of Indorf at the time the application was filed in order to display notification of reports that have been made available from the previous log in time. ( Para, “[0076] The alert is also performed by displaying the log-in notification list screen 64 at a point in time at which the requesting doctor A1 logs in to the medical examination support system 10 using the client terminal 11, as shown in FIG. 8. The log-in notification list screen 64 is a screen on which the contents notified from the previous log-out to the current log-in are displayed collectively….”)
Indorf as modified by NAKATSUGAWA does not explicitly teach [a step of automatically determining the specific period based on a difference between a previous log-in date-and-time and a latest log-in date-and-time for ]an application that displays a plurality of pieces of patient information each of which is associated with respective one of a plurality of patients.
Hettig teaches [a step of automatically determining the specific period based on a difference between a previous log-in date-and-time and a latest log-in date-and-time for ]an application that displays a plurality of pieces of patient information each of which is associated with respective one of a plurality of patients(para, “[0216] Referring now to FIG. 11, an example patients screen 400 includes a My Patients icon 402 and a My Unit icon 404. In the illustrative example, the My Patients icon 402 is selected and, as a result, the patients screen 400 includes a list 406 of the patients assigned to the caregiver of the mobile device 60 on which patients screen 400 is shown. Each of the caregiver's assigned patient's is shown in a separate row of the list 406 and includes the patient's name and the room in the healthcare facility to which the patient has been assigned. A deterioration icon 408 is displayed next to the text “2160 HILL, LARRY” to indicate that this patient is at risk of deteriorating.”
Note: Also, see Fig. 11-12:
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It would have been obvious for a person of ordinary skill in the art to apply displaying plurality of patients information teachings of Hettig into the teachings of Indorf as modified by NAKATSUGAWA at the time the application was filed in order to enable caregiver to select a particular patient to access further information. Hettig, para, “[0260] Referring now to FIG. 30, another example patients screen 750 is shown by the mobile application of the mobile devices of FIGS. 3 and 6. This patients screen 750 includes a list 752 of the patients assigned to the caregiver logged into or otherwise associated with the mobile device 60. Each of the caregiver's assigned patients is shown in a separate row of the list 752 and includes the patient's name. The caregiver can select a particular patient from the list 752 to access further information, such as a screen 800 shown in FIG. 31 or a primary patient view 830 as shown in FIG. 32. A deterioration icon 760 is displayed next to the patient “Robert, Laura” to indicate that this patient is at risk of deteriorating. The deterioration icon 760 can optionally include an indicator of a severity of deterioration, such as a level indicator (e.g., low, medium, high), a color indicating severity (e.g., green, yellow, red), and/or a numeric value indicating a severity of deterioration.”)
Claims 6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Indorf in view of Hettig et al. (US 20200066415 A1)
Regarding claim 6, Indorf teaches the patient information processing method according to claim 1.
Indorf does not explicitly teach wherein the summary information includes summary information related to the vital score in the specific period, and summary information related to the plurality of pieces of vital data in the specific period.
Hettig teaches wherein the summary information includes summary information related to the vital score in the specific period, and summary information related to the plurality of pieces of vital data in the specific period(para, “[0257] In FIG. 27, the vital signs screens 700 further includes a measurements panel 712 that lists one or more vital signs 714. Each listed vital sign 714 includes a date and time field 716 to indicate when was the last time that the vital sign measurement was updated. Also, some vital signs 714 include a graph 718 that displays a trend of the vital sign monitored over time. Additionally, each vital signs 714 includes an arrow icon 720 that can be selected to display the selected vital sign in more detail for visualization. For example, selection of the arrow icon 720 can lead to a display of the trend of the vital sign over a longer period of time. Other configurations are contemplated.”
Also, para, “[0228] An arrow icon 436 is included in the scoring section 432 next to the box 434 to indicate whether the score in the box 434 has increased (e.g., an upward arrow icon) or whether the score has decreased (e.g., a downward arrow icon) since the prior reading. Additionally, below the box 434 in the scoring section 432 is a time field 438 that indicates the last time that the score was calculated. In some instances, the time field 436 is grayed out or absent if the last time that the score was calculated is within a threshold time limit such that the score is recent and/or current. In another example, the time filed 436 is bolded or colored if the last time that the score was calculated exceeds a threshold time limit 29 that the score is stale.” Note: Also, see Fig. 12-17 and Figs. 27-29.
It would have been obvious for a person of ordinary skill in the art to apply summary information having specific period teachings of Hettig into the teachings of Indorf at the time the application was filed in order to indicate the last time the vital sign measurement was updated. Hettig, para, “[0257] In FIG. 27, the vital signs screens 700 further includes a measurements panel 712 that lists one or more vital signs 714. Each listed vital sign 714 includes a date and time field 716 to indicate when was the last time that the vital sign measurement was updated. Also, some vital signs 714 include a graph 718 that displays a trend of the vital sign monitored over time…..”)
Regarding claim 9, Indorf teaches the patient information processing method according to claim 1.
Indorf does not explicitly teach :
wherein the step of obtaining the vital data includes a step of obtaining a plurality of pieces of vital data of each of a plurality of patients,
the step of calculating the vital score includes a step of calculating a vital score of each of the plurality of patients,
the patient information processing method further comprises a step of displaying a plurality of pieces of patient information each of which is associated with respective one of the plurality of patients, on a patient information list screen,
and each of the plurality of pieces of patient information includes the plurality of pieces of vital data and the vital score which are associated with the corresponding patient.
Hettig teaches :
wherein the step of obtaining the vital data includes a step of obtaining a plurality of pieces of vital data of each of a plurality of patients(para, “[0260] Referring now to FIG. 30, another example patients screen 750 is shown by the mobile application of the mobile devices of FIGS. 3 and 6. This patients screen 750 includes a list 752 of the patients assigned to the caregiver logged into or otherwise associated with the mobile device 60. Each of the caregiver's assigned patients is shown in a separate row of the list 752 and includes the patient's name. The caregiver can select a particular patient from the list 752 to access further information, such as a screen 800 shown in FIG. 31 or a primary patient view 830 as shown in FIG. 32. A deterioration icon 760 is displayed next to the patient “Robert, Laura” to indicate that this patient is at risk of deteriorating. The deterioration icon 760 can optionally include an indicator of a severity of deterioration, such as a level indicator (e.g., low, medium, high), a color indicating severity (e.g., green, yellow, red), and/or a numeric value indicating a severity of deterioration.”
Also, para, “[0216] Referring now to FIG. 11, an example patients screen 400 includes a My Patients icon 402 and a My Unit icon 404. In the illustrative example, the My Patients icon 402 is selected and, as a result, the patients screen 400 includes a list 406 of the patients assigned to the caregiver of the mobile device 60 on which patients screen 400 is shown. Each of the caregiver's assigned patient's is shown in a separate row of the list 406 and includes the patient's name and the room in the healthcare facility to which the patient has been assigned. A deterioration icon 408 is displayed next to the text “2160 HILL, LARRY” to indicate that this patient is at risk of deteriorating.” Note: Fig. 11 shows list/plurality of patients for which vital data is obtained , and Fig. 13, Fig. 27 and Fig. 32 displays vitals of the patients individually.),
the step of calculating the vital score includes a step of calculating a vital score of each of the plurality of patients(para, “[0178] Referring now to FIG. 7, an example of a Patient screen 220 of a mobile application displayed on a touch screen display of mobile devices 60 of FIGS. 3 and 6 includes a My Patients button or icon 222 and a My Unit 224 button or icon near the top of screen 220. In the illustrative example, the My Patients icon 222 has been selected and, as a result, screen 220 includes a list 226 of the patients assigned to the caregiver of the mobile device 60 on which screen 220 is shown. Each of the caregiver's assigned patients is shown in a separate row of the list 224 and includes the patient's name and the room in the healthcare facility to which the patient has been assigned. Beneath each of the patient's room number and name, one or more risk scores and associated information is shown, when applicable. If the My Unit button 224 is selected, then similar information is shown on the display screen of the mobile device 60 for all patients in the unit of the healthcare facility to which the caregiver is assigned, including patients assigned to other caregivers of the unit. Note: see Fig. 7 below
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the patient information processing method further comprises a step of displaying a plurality of pieces of patient information each of which is associated with respective one of the plurality of patients, on a patient information list screen(see Fig.7(displaying scores of multiple patients) , Figs 11-12(displaying vitals) , Fig. 27(vitals) and Fig. 32(vitals) , para 0260),
and each of the plurality of pieces of patient information includes the plurality of pieces of vital data and the vital score which are associated with the corresponding patient(See Fig. 11-12, displaying multiple patients list vital data and vitals scores(MEWS), see Fig. 27 and Fig. 32, para 0260)
It would have been obvious for a person of ordinary skill in the art to apply displaying plurality of patients information teachings of Hettig into the teachings of Indorf at the time the application was filed in order to enable caregiver to select a particular patient to access further information. Hettig, para, “[0260] Referring now to FIG. 30, another example patients screen 750 is shown by the mobile application of the mobile devices of FIGS. 3 and 6. This patients screen 750 includes a list 752 of the patients assigned to the caregiver logged into or otherwise associated with the mobile device 60. Each of the caregiver's assigned patients is shown in a separate row of the list 752 and includes the patient's name. The caregiver can select a particular patient from the list 752 to access further information, such as a screen 800 shown in FIG. 31 or a primary patient view 830 as shown in FIG. 32. A deterioration icon 760 is displayed next to the patient “Robert, Laura” to indicate that this patient is at risk of deteriorating. The deterioration icon 760 can optionally include an indicator of a severity of deterioration, such as a level indicator (e.g., low, medium, high), a color indicating severity (e.g., green, yellow, red), and/or a numeric value indicating a severity of deterioration.”)
Response to Arguments
Applicant's arguments filed on 11/12/2025 have been fully considered but they are not persuasive.
Remarks - 35 USC § 101
In remarks, Pg. 8, applicant contends: “Amended claim 1 is directed to a technical improvement in the manner of displaying medical information. The claimed invention improves the ability of a medical worker to grasp the condition of their specific patient. See specification at para. [0005].
The Federal Circuit in Core Wireless Licensing S.A.R.L. v. LG Elecs., Inc., 880 F.3d 1356, 1363 (Fed. Cir. 2018) found a specific interface to be patent eligible because the claims "recite a specific improvement over prior systems, resulting in an improved user interface for electronic devices" and are directed to "a particular manner of summarizing and presenting information in electronic devices" and that the claims do not "us[e] conventional user interface methods to display a generic index on a computer." The Core Wireless decision was based on a problem with smaller, portable display devices. Likewise, the present claims are directed to a problem specific with displaying medical information. “
Though, providing/displaying summary of medical information improves the ability of a medical worker to grasp the condition of their specific patient, it is not a technical improvement. One could, provide the summary and vital on paper using a pen.
As can be seen from argument above, the core wireless decision solved a specific display problem embedded in technology; whereas, in the instant application, there is no mention of improving the display device, rather the claimed invention is related to what is being displayed on generic display device. The claims are devoid of any details, as to how the display technology is being improved.
Remarks - 35 USC § 103
In remarks, Pg. 7, applicant contends: “Indorf at FIGs. 4 and 5 merely discloses a refresh button 420 that is used recalculate the already displayed data. See Indorf at para. (0087). In contrast, the claimed user input button (see 120 in specification) is displayed with the vital score and the plurality of pieces of current vital data used to change the display to display the summary information.”
The claim amendments don’t require the argued feature of “change the display to display the summary information.”
Furthermore, the following is Fig. 4 of Indorf reference:
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As can be clearly seen, we have input button (420) that is displayed with the vital score and the plurality of pieces of current vital data used to change the display to display the summary information (note even, if one agrees (which is not true, see point below), that button is only refresh button, and recalculates; recalculating will also change the display to display the summary invention). Also, note summary information or information such as EWS, while we can also see vital sign display.
Secondly, para 0087 makes it very clear that button 420 is not merely a refresh button, but it can calculate new set of scores and EWS.
“[0087] Turning back to FIG. 4, the button 420 can be used to calculate a new set of contributor scores and/or EWS. Selection of the button 420 can cause the contributor scores to update automatically and the EWS to update automatically directly on the display 400. After selection of the button 420, the buttons 410 and 420 can disappear to reveal the full set of contributor scores and EWS (for example, as in FIG. 2). However, selecting the button 420 can cause another menu to be displayed, from which the EWS can be calculated (as in, for example, FIG. 6). More generally, selecting the button 420 can cause a spot check calculation ultimately to be made.”
In addition, the amended claim language states “displaying the vital score and the plurality of pieces of current vital data together with a user input button.”
As can be seen Fig. 4 displays the vital score and the plurality of pieces of current vital data together with a user input button. Here, it is irrelevant what user input button does, or what it is; the fact is the display shows multiple input buttons together with current vial data and scores.
The second amended claim language states “displaying the summary information based on the user clicking the input button.”
Here, it is important that summary information is displayed based on user clicking the input button. Fig. 4, and para 0087 explicitly teaches displaying summary information base on user clicking button 420. Note, here when the button is clicked, the display is changed as it shows the refreshed calculation, or new calculation.
In argument, it seems the applicant is stating that when the button is clicked, new summary screen is launched. The claim does not require such limitation; however references such as US 20120296183 A1 (not part of rejection, merely additional reference to teach unclaimed feature), do teach clicking the button to launch the summary screen that shows patients vital and summary (see, Fig. 8, para 0056-0057).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUMA WASEEM whose telephone number is (571)272-1316. The examiner can normally be reached Monday-Friday(9:00am - 5:00 pm) EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason B. Dunham can be reached on (571) 272-8109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUMA WASEEM/Examiner, Art Unit 3686
/JASON B DUNHAM/Supervisory Patent Examiner, Art Unit 3686