DETAILED ACTION
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 .
Election/Restrictions
Claims 1-13 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected subject matter, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 07/17/2026.
Applicant's election with traverse of claims 14-19 in the reply filed on 07/17/2026 is acknowledged. The traversal is on the ground(s) that there would not be undue examination burden on the Examiner since the claims contain the same subject matter. This is not found persuasive. Groups I, II, and III all acquire separate classifications in the art. Group I and II are considered related as a process and apparatus for its practice, however, the apparatus of Group II can be used in a different process than that of Group I. For instance, Group II requires the use of an EMR database, which is not required by Group I. Groups I and III are related methods, however, Group I is used to generate and display patient status while Group III is used to generate and display summaries for criteria categories that includes a value for each element of the physiological patient data included in the category. Essentially, while they are related methods, they would require different search strategies, thus creating undue burden on the Examiner. Group II and III are considered unrelated product and processes. For example, Group III is used to display categories derived from different patient criteria using radar charts, meanwhile, Group II does not even collect or generate display categories derived from patient criteria. Group II describes showing patient status on a display.
The requirement is still deemed proper and is therefore made FINAL.
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.
(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.
2. Claim(s) 14-16 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fauss (US 20170357764 A1).
In regards to claim 14, Fauss discloses a patient status visualization system (Abstract), comprising:
one or more processors (Par. 0024 discloses a processing system), and a memory storing instructions executable by the one or more processors (Par. 0026 discloses a memory) to:
generate a patient status visualization of a status of a patient of a healthcare system, based on physiological patient data received in real time from one or more patient monitors coupled to the patient (Par. 0036 and 0043 teaches an ECG coupled to the patient to relay patient data to the system to be displayed. Par. 0032 discloses that data can be gathered in real time);
retrieve historical physiological patient data corresponding to the physiological patient data from an electronic medical record (EMR) database of the healthcare system communicatively coupled to the patient status visualization system, and store the retrieved historical physiological patient data in a memory of the patient status visualization system (Par. 0045 teaches taking historical patient data stored in the system and displaying it. Par. 0073 teaches that the historical patient data can be imported from an EMR);
display the patient status visualization on a display device (Fig. 2-16 show displaying the patient status on the display device); and
switch between displaying the real-time physiological patient data and the stored historical physiological patient data in response to a user adjusting a timeline slider element of the patient status visualization (Par. 0042 teaches a display system that allows the user to toggle between historical patient data and real time patient data. Par. 0044 teaches a timeline displayed on the screen that lets the user view data at different timelines, i.e. timeline slider).
In regards to claim 15, Fauss discloses the patient status visualization system of claim 14, wherein the timeline slider element may be adjusted by the user to a position within a range of positions representing points in time, and historical physiological patient data corresponding to a point in time indicated by the position is displayed on the display device (Par. 0044 teaches the screen can allow the user to view different times of data, both historical and current, within a range).
In regards to claim 16, Fauss discloses patient status visualization system of claim 15, wherein further instructions are included in the memory that when executed (Par. 0024 and 0026 teach processing systems and a memory), cause the one or more processors to:
in response to the user adjusting the timeline slider element:
retrieve elements of the stored historical physiological patient data occurring between the point in time and a current point in time (Par. 0044 teaches displaying both historical and current data);
display average data values of the elements of the stored historical physiological patient data on the display device (Par. 0038 teaches that the mean of historical patient data can be derived)
In regards to claim 19, Fauss discloses the patient status visualization system of claim 15, wherein further instructions are included in the memory that when executed (Par. 0024), cause the one or more processors to:
in response to the user selecting an element of the patient status visualization, display more detailed information of the patient status, the more detailed information including at least one of: measurement values of physiological patient data of a patient status criteria category (Fig 6 shows the measurement data being displayed on the visualization screen) a second radar chart depicting the physiological patient data of the patient status criteria category; a graph showing a trend in a physiological patient data; and a visualization of one or more physiological patient data superimposed on a depiction of a human body.
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.
3. Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fauss in view of Honjo (US 20190254634 A1).
In regards to claim 17, Fauss discloses the status visualization system of claim 14, except for wherein the patient status visualization includes a radar chart visually depicting the status of the patient with respect to a plurality of patient status criteria categories of the physiological patient data, each criteria category including physiological patient data corresponding to a plurality of patient status criteria, the plurality of patient status criteria categories and the plurality of patient status criteria in each patient status criteria category of the plurality of patient status criteria categories configurable by the user.
However, in the same field of endeavor, Honjo teaches an analysis system that takes in tissue data from a user and displays it for visualization (Abstract) wherein radar charts are used, based on characteristics/criteria of the data (Fig 7-10 and 24 and Par. 0081) in order to allow an operator to obtain quantitative values of the data (Par. 0120).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have taken the teachings of Fauss and modified them by having the system generate radar charts based on patient data, as taught and suggested by Honjo, in order to allow an operator to obtain quantitative values of the data (Par. 0120 of Honjo).
In regards to claim 18, the combined teachings of Fauss and Honjo as applied to claim 17 disclose the patient status visualization system of claim 17, wherein further instructions are included in the memory that when executed, cause the one or more processors to: for each criteria category of the plurality of patient status criteria categories: process the physiological patient data of the patient status criteria category to convert the physiological patient data into a single score for the patient status criteria category; place a point at a distance from a center of the radar chart in a respective portion of the radar chart corresponding to the patient status criteria category, the distance determined based on the single score; and draw lines connecting the points of the radar chart to form a network shape that visually summarizes the patient status (Fig. 24 of Honjo shows the radar chart (see above rejection) generated where there are distinguished categories with their own scores all placed around a center point with lines connecting the points on the chart).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SKYLAR LINDSEY CHRISTIANSON whose telephone number is (571)272-0533. The examiner can normally be reached Monday-Friday, 7:30-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niketa Patel can be reached at (571) 272-4156. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.L.C./Examiner, Art Unit 3792
/LYNSEY C Eiseman/Primary Examiner, Art Unit 3796
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