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 .
Notice to Applicant
Status of Claims
Claims 1-10 are amended. Claim 11 is new. Now, claims 1-11 are pending.
Claim Rejections - 35 USC § 101
2. 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.
3. Claims 1-10 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to a judicial exception (i.e. a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
4. Step 1 – Statutory Categories of Invention:
Claims 1-8 and 11 are drawn to a processing apparatus and system (machine), claim 9 is drawn to a process (method), and claim 10 is drawn to an apparatus (non-transitory computer readable medium) which is one of the statutory categories of invention.
5. Step 2A – Judicial Exception Analysis, Prong 1:
Independent claims 1, 9, and 10 recite, in part, a processing apparatus, a method, and a non-transitory computer readable medium comprising the following steps:
detect an event that requires an operation by an operator in a medical-related work performed,
monitor a connection status,
prepare a participant table that registers information,
determine a particular operator who is able to respond to the event among operators who operate that are registered in the participant table, and
notify operated by the particular operator of an occurrence of the event.
These steps amount to functions performable in the mind or with pen and paper and are only concepts relating to organizing or analyzing information (i.e. detecting an event, determine an operator to responds to the event and notifying the operator of the event) in a way that can be performed mentally or is analogous to human mental work (MPEP § 2106.04(a)(2)(III)(c)(2) citing the abstract idea grouping for mental processes in a computer environment).
Further, these steps are also directed to monitoring a particular operator, which amounts to certain methods of organizing human activity which includes functions relating to interpersonal and intrapersonal activities, such as managing relationships or transactions between people, social activities, and human behavior; (MPEP § 2106.04(a)(2)(II)(C) citing the abstract idea grouping for methods of organizing human activity for managing personal behavior or relationships or interactions between people).
Independent claim 11 recite, in part, a system comprising the following steps:
operated by the particular operator; and
is further configured to cause to display an operation screen for controlling; and
wherein controls to set scan conditions and perform the scan of the patient via user inputs to the displayed operation screen.
These steps are also directed to a particular operator setting scan conditions and performing the scan via user inputs, which amounts to certain methods of organizing human activity which includes functions relating to interpersonal and intrapersonal activities, such as managing relationships or transactions between people, social activities, and human behavior; (MPEP § 2106.04(a)(2)(II)(C) citing the abstract idea grouping for methods of organizing human activity for managing personal behavior or relationships or interactions between people).
Dependent claim 2 recites, in part, is configured to cause the particular operator who has responded to the notification information on details of the event..
Dependent claim 3 recites, in part, is configured to cause the particular operator who has responded to the notification for performing an operation on the event.
Dependent claim 4 recites, in part, is configured to change details according to attributes of the particular operator who has responded to the notification.
Dependent claim 5 recites, in part, is configured to cause an operator other than the particular operator who has responded to the notification, notified of the occurrence of the event, to transition to a state in which it is identifiable that the response to the notification has been executed.
Dependent claim 6 recites, in part, is configured to stop the notification operated by the particular operator other than the operator who has responded to the notification.
Dependent claim 7 recites, in part, wherein, based on authority information and ability information of the operators who operate, configured to determine the particular operator who is able to respond to the event.
Dependent claim 8 recites, in part, is configured to perform the medical-related work and control a progress of the work.
Each of these steps of the preceding dependent claims 2-8 only serve to further limit or specify the features of independent claim 1 accordingly, and hence are nonetheless directed towards fundamentally the same abstract idea as the independent claim and utilize the additional elements already analyzed in the expected manner.
6. Step 2A – Judicial Exception Analysis, Prong 2:
This judicial exception is not integrated into a practical application because the additional elements within the claims only amount to instructions to implement the judicial exception using a computer [MPEP 2106.05(f)].
Independent claims 1 and 9 and (dependent claims 7 and 8) recite, in part, by processing circuitry, an apparatus connected to a network, terminal apparatus connected to the network, and a terminal apparatus. The specification defines by processing circuitry as controls the entire medical information processing apparatus (Specification in § 0033), an apparatus connected to a network as the processing circuitry 65 can also perform various processes (exchanging data with the apparatuses on the network 10, storing data in the storage circuitry 64, displaying information on the display 63, and the like) according to input operations via the input interface, (Specification in § 0033), terminal apparatus connected to the network as the processing circuitry 65 can also perform various processes (exchanging data with the apparatuses on the network 10, storing data in the storage circuitry 64, displaying information on the display 63, and the like) according to input operations via the input interface, (Specification in § 0033), and a terminal apparatus as the processing circuitry 65 can also perform various processes (exchanging data with the apparatuses on the network 10, storing data in the storage circuitry 64, displaying information on the display 63, and the like) according to input operations via the input interface, (Specification in § 0033). The use of by processing circuitry, an apparatus connected to a network, terminal apparatus connected to the network, and a terminal apparatus are only recited as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2) see case requiring the use of software to tailor information and provide it to the user on a generic computer within the “Other examples.. v.”).
Independent claim 10 recites, in part, a non-transitory computer readable medium, an apparatus connected to a network, terminal apparatus connected to the network, and a terminal apparatus. The specification defines a non-transitory computer readable medium as such as a CD (compact disc)-ROM, a flexible disk (FD), a CD-R (recordable), and a digital versatile disc (DVD), in a file format installable or executable in the devices, (Specification in § 0096), an apparatus connected to a network as the processing circuitry 65 can also perform various processes (exchanging data with the apparatuses on the network 10, storing data in the storage circuitry 64, displaying information on the display 63, and the like) according to input operations via the input interface, (Specification in § 0033), terminal apparatuses connected to the network as the processing circuitry 65 can also perform various processes (exchanging data with the apparatuses on the network 10, storing data in the storage circuitry 64, displaying information on the display 63, and the like) according to input operations via the input interface, (Specification in § 0033), and the terminal apparatus as the processing circuitry 65 can also perform various processes (exchanging data with the apparatuses on the network 10, storing data in the storage circuitry 64, displaying information on the display 63, and the like) according to input operations via the input interface, (Specification in § 0033). The use of a non-transitory computer readable medium, an apparatus connected to a network, terminal apparatus connected to the network, and a terminal apparatus are only recited as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2) see case requiring the use of software to tailor information and provide it to the user on a generic computer within the “Other examples.. v.”).
Independent claim 11 recites, in part, a medical image diagnostic apparatus configured to perform a scan of a patient and being one of a computed tomography (CT) apparatus, a magnetic resonance imaging(MRI) apparatus, a position emission tomography (PET) apparatus. an X-ray diagnostic apparatus, an ultrasound diagnostic apparatus, and a single photon emission computed tomography (SPECT) apparatus; the terminal apparatus, the medical information processing apparatus, processing circuitry, display an operation screen. The specification defines a medical image diagnostic apparatus configured to perform a scan of a patient and being one of a computed tomography (CT) apparatus, a magnetic resonance imaging (MRI) apparatus, a position emission tomography (PET) apparatus. an X-ray diagnostic apparatus, an ultrasound diagnostic apparatus, and a single photon emission computed tomography (SPECT) apparatus as takes images of a subject and generates medical images, (Specification in § 0021); the terminal apparatus as the processing circuitry 65 can also perform various processes (exchanging data with the apparatuses on the network 10, storing data in the storage circuitry 64, displaying information on the display 63, and the like) according to input operations via the input interface, (Specification in § 0033), the medical information processing apparatus as supports medical professionals such as physicians and laboratory technicians by performing and managing their work in the system. (Specification in § 0025), processing circuitry as can also perform various processes (exchanging data with the apparatuses on the network 10, storing data in the storage circuitry 64, displaying information on the display 63, and the like) according to input operations via the input interface, (Specification in § 0033), display an operation screen as allows a list of the imaging conditions, set conditions, and a workflow to be checked at a glance (Specification in § 0065). The use of a a medical image diagnostic apparatus configured to perform a scan of a patient and being one of a computed tomography (CT) apparatus, a magnetic resonance imaging(MRI) apparatus, a position emission tomography (PET) apparatus. an X-ray diagnostic apparatus, an ultrasound diagnostic apparatus, and a single photon emission computed tomography (SPECT) apparatus; the terminal apparatus, the medical information processing apparatus, processing circuitry, display an operation screen are only recited as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2) see case requiring the use of software to tailor information and provide it to the user on a generic computer within the “Other examples.. v.”).
Dependent claims 2, 3, and 4 recite, in part, processing circuitry, a terminal apparatus, and a display. The limitations are only recited as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2) see case requiring the use of software to tailor information and provide it to the user on a generic computer within the “Other examples.. v.”).
Dependent claims 5 and 6 recite, in part, processing circuitry, and a terminal apparatus. The limitations are only recited as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2) see case requiring the use of software to tailor information and provide it to the user on a generic computer within the “Other examples.. v.”).
The above claims, as a whole, are therefore directed to an abstract idea.
7. Step 2B – Additional Elements that Amount to Significantly More:
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 amount to no more than a recitation of instructions to implement the abstract idea on a computer.
Independent claims 1 and 9 and (dependent claims 7 and 8) recite, in part, by processing circuitry, an apparatus connected to a network, terminal apparatus connected to the network, and a terminal apparatus. Each of these elements is only recited as a tool for performing steps of the abstract idea, such as use of processing circuitry, an apparatus connected to a network, terminal apparatus connected to the network, and a terminal apparatus to process and output data. These additional elements therefore only amount to mere instructions to perform the abstract idea using a computer and are not sufficient to amount to significantly more than the abstract idea (MPEP 2016.05(f) see for additional guidance on the “mere instructions to apply an exception’).
Independent claim 10 recites, in part, a non-transitory computer readable medium, an apparatus connected to a network, terminal apparatus connected to the network, and a terminal apparatus. Each of these elements is only recited as a tool for performing steps of the abstract idea, such as use of a non-transitory computer readable medium, an apparatus connected to a network, terminal apparatus connected to the network, and a terminal apparatus to process and output data. These additional elements therefore only amount to mere instructions to perform the abstract idea using a computer and are not sufficient to amount to significantly more than the abstract idea (MPEP 2016.05(f) see for additional guidance on the “mere instructions to apply an exception’).
Independent claim 11 recites, in part, a medical image diagnostic apparatus configured to perform a scan of a patient and being one of a computed tomography (CT) apparatus, a magnetic resonance imaging (MRI) apparatus, a position emission tomography (PET) apparatus. an X-ray diagnostic apparatus, an ultrasound diagnostic apparatus, and a single photon emission computed tomography (SPECT) apparatus; the terminal apparatus, the medical information processing apparatus, processing circuitry, display an operation screen. Each of these elements is only recited as a tool for performing steps of the abstract idea, such as use of a medical image diagnostic apparatus to generate medical images, the terminal apparatus and processing circuitry to process and output data, the medical information processing apparatus to manage documents and data, display an operation screen to receive user inputs and set device parameters. These additional elements therefore only amount to mere instructions to perform the abstract idea using a computer and are not sufficient to amount to significantly more than the abstract idea (MPEP 2016.05(f) see for additional guidance on the “mere instructions to apply an exception’).
Dependent claims 2, 3, and 4 recite, in part, processing circuitry, a terminal apparatus, and a display. Each of these elements is only recited as a tool for performing steps of the abstract idea. These additional elements therefore only amount to mere instructions to perform the abstract idea using a computer and are not sufficient to amount to significantly more than the abstract idea (MPEP 2016.05(f) see for additional guidance on the “mere instructions to apply an exception’).
Dependent claims 5 and 6 recite, in part, processing circuitry, and a terminal apparatus. Each of these elements is only recited as a tool for performing steps of the abstract idea. These additional elements therefore only amount to mere instructions to perform the abstract idea using a computer and are not sufficient to amount to significantly more than the abstract idea (MPEP 2016.05(f) see for additional guidance on the “mere instructions to apply an exception’).
Each additional element under Step 2A, Prong 2 is analyzed in light of the specification’s explanation of the additional element’s structure. The claimed invention’s additional elements do not have sufficient structure in the specification to be considered a not well-understood, routine, and conventional use of generic computer components. Note that the specification can support the conventionality of generic computer components if “the additional elements are sufficiently well-known that the specification does not need to describe the particulars of such additional elements to satisfy 35 U.S.C. § 112(a)” (Berkheimer in III. Impact on Examination Procedure, A. Formulating Rejections, 1. on p. 3).
Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. Their collective functions merely provide conventional computer implementation.
Claims 1-11 are therefore rejected under 35 U.S.C. § 101 as being directed to non-statutory subject matter.
Claim Rejections - 35 USC § 102
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.
8. 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.
9. The 35 U.S.C. 102(a)(1) rejection of claims 1-11 as being anticipated by United States Patent Application Publication Number 2021/0401511, Sekine, et al., hereinafter Sekine is hereby withdrawn pursuant to the amendments filed on November 14, 2025.
10. Regarding the Sekine reference, this reference fails to disclose processing circuitry configured to detect an event that requires an operation by an operator in a medical-related work performed by an apparatus connected to a network, monitor a connection status of a plurality of terminal apparatuses to the network. prepare a participant table that registers information about those terminal apparatuses connected to the network, determine a particular operator who is able to respond to the event among operators who operate terminal apparatuses that are registered in the participant table, and notify the terminal apparatus operated by the particular operator of an occurrence of the event.
Further, these limitations are not taught by the prior art made of record and not relied upon is considered pertinent to applicant's disclosure as follows:
A. Method and apparatus for medical image display for surgical tool planning and navigation in clinical environments (US 6614453 B1), Suri, et al., hereinafter Suri teaches a medical imaging display system includes a memory (40) for storing first image data representative of a region of interest. The memory (40) stores image data generated by medical imaging devices such as magnetic resonance devices (20), computed tomography devices (22), nuclear imaging devices (26,28,30), and ultrasound devices. Typically, image data from these devices is obtained some time prior to a surgical event and users may access this data in planning for the surgical event. A processor (42), in data communication with the memory, is organized under a component object modeling architecture. The processor (42) is connected to a user interface (10) for providing user requests to the processor. Thus, in response to user action via the user interface (10), the processor (42) determines an object (54) adapted to act on the request, selects a handle (60) for the determined object and, employs the object via the handle to act on the request.
B. INFORMATION PROCESSING APPARATUS, INFORMATION PROCESSING METHOD, AND INFORMATION PROCESSING SYSTEM (US 20180364965 A1) Tsuda, et al., hereinafter Tsuda teaches an acquisition unit that acquires plural pieces of medical apparatus information which are plural pieces of information acquired from a plurality of medical apparatuses; a generation unit that generates presentation information which contains at least a part of the plural pieces of medical apparatus information acquired by the acquisition unit; and a presentation unit that outputs the generated presentation information to a plurality of image display apparatuses.
C. Information processing apparatus for using setting history information including destination information acquired from the terminal device and information processing method (US 11843746 B2) Ogawa, et al., hereinafter Ogawa teaches setting history information in which identification information of a terminal device is associated with history information pertaining to execution of a job using a destination to be managed by the terminal device. The controller restricts displaying the setting history information on the display, when the information processing apparatus is not in a connected state to the terminal device, and displays the setting history information on the display, when the information processing apparatus is in a connected state to the terminal device, and when the identification information acquired from the terminal device in a connected state matches the identification information associated with the history information.
Response to Arguments
11. Applicant's arguments filed November 14, 2025 have been fully considered but they are not persuasive.
A. The 35 U.S.C. 102(a)(1) rejection of claims 1-11 as being anticipated by United States Patent Application Publication Number 2021/0401511, Sekine, et al., hereinafter Sekine is hereby withdrawn pursuant to the amendments filed on November 14, 2025.
B. Applicant argues that claims 1 is directed to an improvement to existing technology and integrates any reported abstract ideas into a practical application and that claim 11 recites control of another apparatus and is patent eligible under 35 U.S.C. 101 and in view of Diamond v. Diehr.
In response, Examiner respectfully disagrees. After determining that a claim recites a judicial exception in Step 2A Prong One, examiners should evaluate whether the claim as a whole integrates the recited judicial exception into a practical application of the exception in Step 2A Prong Two. A claim that integrates a judicial exception into a practical application will apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception (see MPEP § 2106.04{d) - Integration of a Judicial Exception Into A Practical Application). The court has provided limitations that are indicative that an additional element (or combination of elements) may have integrated the exception into a practical application and limitations that did not integrate a judicial exception into a practical application (see MPEP § 2106.04(d)(I) — Relevant Considerations for Evaluating Whether Additional Elements integrate a Judicial Exception into a Practical Application). The use of processing circuitry, an apparatus connected to a network, terminal apparatus connected to the network, and a terminal apparatus, a non-transitory computer readable medium, a medical image diagnostic apparatus configured to perform a scan of a patient and being one of a computed tomography (CT) apparatus, a magnetic resonance imaging(MRI) apparatus, a position emission tomography (PET) apparatus. an X-ray diagnostic apparatus, an ultrasound diagnostic apparatus, and a single photon emission computed tomography (SPECT) apparatus; the medical information processing apparatus, display an operation screen are only recited as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2) see case requiring the use of software to tailor information and provide it to the user on a generic computer within the “Other examples.. v.”). Here the instant claims seem more analogous to "apply it" (or an equivalent) with the judicial exception, or merely including instructions to implement an abstract idea on a computer, or merely using a computer as a tool to perform an abstract idea, as discussed in MPEP § 2106.05(f).
These claims are not analogous to Diamond v. Diehr. In Diamond, the Court repeated its earlier holding that mathematical formulas in the abstract are not eligible for patent protection. But it also held that a physical machine or process which makes use of a mathematical algorithm is different from an invention which claims the algorithm, as such, in the abstract. Thus, if the invention as a whole meets the requirements of patentability—that is, it involves "transforming or reducing an article to a different state or thing"—it is patent-eligible, even if it includes a software component. The patent that issued after the decision was U.S. Patent 4,344,142, "Direct digital control of rubber molding presses." The patent includes 11 method claims, three of which are independent. All method claims relate to molding of physical articles. In the present application the terminal apparatus controls the medical image diagnostic apparatus to perform the scan of the patient via inputs to the displayed operations screen on the terminal apparatus. The inputs in the present application are input by the particular operator.
Accordingly, the claims do not recite additional limitations that integrate the exception into a Practical Application, and the application of the abstract idea is therefore not eligible.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
A. Method and apparatus for medical image display for surgical tool planning and navigation in clinical environments (US 6614453 B1), Suri, et al., hereinafter Suri teaches a medical imaging display system includes a memory (40) for storing first image data representative of a region of interest. The memory (40) stores image data generated by medical imaging devices such as magnetic resonance devices (20), computed tomography devices (22), nuclear imaging devices (26,28,30), and ultrasound devices. Typically, image data from these devices is obtained some time prior to a surgical event and users may access this data in planning for the surgical event. A processor (42), in data communication with the memory, is organized under a component object modeling architecture. The processor (42) is connected to a user interface (10) for providing user requests to the processor. Thus, in response to user action via the user interface (10), the processor (42) determines an object (54) adapted to act on the request, selects a handle (60) for the determined object and, employs the object via the handle to act on the request.
B. INFORMATION PROCESSING APPARATUS, INFORMATION PROCESSING METHOD, AND INFORMATION PROCESSING SYSTEM (US 20180364965 A1) Tsuda, et al., hereinafter Tsuda teaches an acquisition unit that acquires plural pieces of medical apparatus information which are plural pieces of information acquired from a plurality of medical apparatuses; a generation unit that generates presentation information which contains at least a part of the plural pieces of medical apparatus information acquired by the acquisition unit; and a presentation unit that outputs the generated presentation information to a plurality of image display apparatuses.
C. Information processing apparatus for using setting history information including destination information acquired from the terminal device and information processing method (US 11843746 B2) Ogawa, et al., hereinafter Ogawa teaches setting history information in which identification information of a terminal device is associated with history information pertaining to execution of a job using a destination to be managed by the terminal device. The controller restricts displaying the setting history information on the display, when the information processing apparatus is not in a connected state to the terminal device, and displays the setting history information on the display, when the information processing apparatus is in a connected state to the terminal device, and when the identification information acquired from the terminal device in a connected state matches the identification information associated with the history information.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Amber A. Misiaszek whose telephone number is (571) 270-1362. The examiner can normally be reached on M-Th 7:30-5, F 7:30-4, every other Friday Off.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fonya Long can be reached on 571-270-5096. The fax phone numbers for the organization where this application or proceeding is assigned are (571) 273-8300.
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/AMBER A MISIASZEK/Primary Examiner, Art Unit 3682