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 .
Status of Application
This action is in reply to the reply received August 18, 2025 (hereinafter “Reply”).
Claims 1, 3-5, 11, 13-16, and 18-20 are amended.
Claims 2, 6-10, 12, and 17 are canceled.
Claims 1, 3-5, 11, 13-16, and 18-20 are pending.
Claim Rejections - 35 U.S.C. § 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.
Claims 1, 4, 5, 11, 14-16, 19, and 20 are rejected under 35 U.S.C. § 102(a)(1)-(2) as being anticipated by Sadler et al. (U.S. Pub. No. 2015/0019231 A1) (hereinafter “Sadler”).
Claims 1, 11, and 16: Sadler, as shown, discloses the following limitations:
at least one memory storing instructions (see at least ¶ [0013]: the system 10 may include a caregiver's computer 18, the computer 26 of a consultant 26, a host 24 and other computer devices described in more detail below. Included within the computers 18, 26, 24 (and the other devices) may be one or more processors (implemented as hardware) operating under the control of one or more computer programs (applications) loaded from a non-transitory computer readable medium (memory). In the description in Sadler, any reference to an application is also a reference to the hardware of the processor upon which the application executes and provides which provides the functionality described), and
at least one processor (see at least ¶ [0013] and the analysis above) configured to execute the instructions to:
acquire a network communication status, the network communication status being one when a first terminal receives a video image including a subject from a second terminal through a network (see at least ¶ [0017]: the website or web portal allows the caregiver 18 to send text messages, medical images or other medical data via a chat functionality. The caregiver 18 and VPN 12 allow private chat conversations including video, audio and text; see also at least ¶ [0022]: in addition to archiving 110 the patient’s biometric information, the conferencing applications 42, 44 allow the caregiver to set up video conferences with one or more healthcare professionals (physicians) for purposes of consulting. Consulting in this case means viewing the biometrics of the patient in real time while also conversing in real time with the healthcare provider and/or patient. In order to preserve patient privacy, a consultant 26 may also be required to identify himself/herself 116 to the consultant's computer 26 via a fingerprint scanner 28; see also at least ¶ [0040]: once the two-way audio/video connection is established, the caregiver/patient may begin conversing with the consultant 26. As noted above, the conferencing application (e.g., 42) opens a first consultant window (e.g., 46) on the display of the caregiver's computer. Within the first consultant window 46, the consultant viewing application displays video from the consultant's computer while at the same time routing audio from the consultant to a sound card within the caregiver's computer 18. At the same time the video camera and microphone collects audio/video of the caregiver/patient and forwards the audio/video to the consultant);
measure biometric information of the subject from the video image (see at least ¶ [0042]: during the conversation, the consultant or caregiver may determine that further biometric information may need to be collected from the patient. In this case, the caregiver may connect one or more biometric parameter collection devices 38, 40 to the caregiver’s computer 18. In this case, the connection to the biometric parameter collection device 38, 40 may be established through an appropriate connection (e.g., serial, parallel, USB, firewire, etc.) on the caregiver’s computer 18. Software associated with the biometric parameter collection device 38, 40 may open a window 36 on the caregiver’s computer 18 that displays the biometric parameters to the caregiver; see also at least ¶¶ [0043]-[0044]; see also at least ¶ [0021]: diagnostic equipment 38, 40 may be selected from any of a number of different medical imaging and/or testing devices. Examples include heart rate monitors, portable ultrasound probes, portable X-ray machines, glucose monitors, chemical dependency test systems, infection disease test systems, blood analysis systems, spirometers, digital weight scales, digital thermometers, blood pressure monitors, exercise monitors, digital peak flow meters, pulse oximeters, digital stethoscopes, high resolution medical cameras, high resolution ophthalmology cameras, high resolution ear, nose and throat camera and apparatus, digital range of motion devices used on flexible joints or digital infection detection test devices); and
determine whether or not the biometric information can be measured from the video image based on the network communication status (see at least ¶ [0044]: once the biometric window 36 has been opened, the caregiver may also activate the data collection application 30. Once activated, the data collection application 30 captures 112 any information presented within the window 36 and forwards the captured information to the data collection application 32 where the captured information is associated 114 with the patient file 72. The captured information is archived as discussed above and is also sent to any consultant present within the tracking list 64. In this regard, the receipt of captured data from the data handling application causes the activation of a corresponding data display application 63 and the opening of a data display window 65 on the consultant's computer; see also at least ¶¶ [0021] and [0042]-[0043]), wherein information as to whether or not the biometric information can be measured is output to the first terminal (see at least ¶ [0037]: if the consultant accepts the conferencing offer, a corresponding communication application 60 within a computer 26 of the consultant may send an acceptance message to the website 16. The invite message from the website 16 to the consultant may identify a communication audio/video port of the conferencing application 56, 58 for use during the conference. The acceptance message from the consultant returned to the website 16 may identify a corresponding communication port within the conferencing application 60 of the consultant. Upon receipt of the acceptance message from the consultant by the website, the website may send an acceptance message to the caregiver's computer identifying an audio/video port on the activated conferencing application 56, 58 associated with the consultant. The identified port of the consultant is also added to the tracking list 64; see also at least ¶ [0044]: once the biometric window 36 has been opened, the caregiver may also activate the data collection application 30. Once activated, the data collection application 30 captures 112 any information presented within the window 36 and forwards the captured information to the data collection application 32 where the captured information is associated 114 with the patient file 72. The captured information is archived as discussed above and is also sent to any consultant present within the tracking list 64. In this regard, the receipt of captured data from the data handling application causes the activation of a corresponding data display application 63 and the opening of a data display window 65 on the consultant's computer; see also at least ¶ [0042]: during the conversation, the consultant or caregiver may determine that further biometric information may need to be collected from the patient. In this case, the caregiver may connect one or more biometric parameter collection devices 38, 40 to the caregiver's computer 18. In this case, the connection to the biometric parameter collection device 38, 40 may be established through an appropriate connection (e.g., serial, parallel, USB, firewire, etc.) on the caregiver's computer 18. Software associated with the biometric parameter collection device 38, 40 may open a window 36 on the caregiver's computer 18 that displays the biometric parameters to the caregiver; see at least ¶ [0043]: the opening of the window 36 for display of the biometric parameters of the patient is independent of the consultant windows 46, 48, 50, 52, 54 displaying audio/video from the consultants. The caregiver may adjust the size of the biometric window 36 as appropriate for viewing convenience; see also at least ¶ [0041]).
Claims 4, 14, and 19: Sadler discloses the limitations as shown in the rejections above. Further, Sadler, as shown, discloses the following limitations:
wherein at the least one processor is further configured to execute the instructions to:
receive an input for starting measurement of the biometric information, wherein based on a result of determining whether or not the biometric information can be measured from the video information based on the network communication status, the information as to whether or not the measurement can be carried out is output so that it can be known, before receiving the input, that receiving of the input is not accepted (see at least ¶ [0044]: once the biometric window 36 has been opened, the caregiver may also activate the data collection application 30. Once activated, the data collection application 30 captures 112 any information presented within the window 36 and forwards the captured information to the data collection application 32 where the captured information is associated 114 with the patient file 72. The captured information is archived as discussed above and is also sent to any consultant present within the tracking list 64. In this regard, the receipt of captured data from the data handling application causes the activation of a corresponding data display application 63 and the opening of a data display window 65 on the consultant's computer; see also at least ¶ [0036]: a tracking application 62 associated with the website 16 may also maintain a tracking list 64 of consultants. In addition to maintaining a tracking list of consultants, the tracking application 62 may also assign a unique identifier to the conference and associate that unique identifier with the identifier of the patient; see also at least ¶ [0035]: the healthcare provider may select consultants from a menu of consultants and activate an invite softkey for each consultant to be added to the conference. Upon activation of the invite softkey, the conferencing application 42, 44 opens a respective consultant viewing window 46, 48, 50, 52, 54 and sends a chat message to the website 16 identifying the consultants and a respective audio/video port within the caregiver's computer for use during that consultation. The website 16, in turn, may activate a respective conference handling application 56, 58 for each consultant and forward the message to a respective computer 26 of the selected consultants).
Claims 5, 15, and 20: Sadler discloses the limitations as shown in the rejections above. Further, Sadler, as shown, discloses the following limitations:
wherein the first terminal comprises first display for displaying a video image of the subject and displaying instruction information (see at least ¶ [0041]: in addition to displaying audio and video from the caregiver/patient 18, each consultant 26 also displays audio and video from any other consultant 26 that has accepted an invitation from the caregiver/patient 18. In this case, the audio and video from each consultant 26 is forwarded to any other consultant present within the tracking list 64. Upon receipt of audio and video from other consultants 26, a new conferencing application 62 and window 65, 66, 68, 70, 72 is opened so that each consultant would hear and observe any other consultant that is added by the caregiver/patient 18 to the conference; see also at least ¶¶ [0042]-[0044]), and
the second terminal comprises a second display for displaying the instruction information (see at least ¶ [0040]: once the two-way audio/video connection is established, the caregiver/patient may begin conversing with the consultant 26. As noted above, the conferencing application (e.g., 42) opens a first consultant window (e.g., 46) on the display of the caregiver's computer. Within the first consultant window 46, the consultant viewing application displays video from the consultant's computer while at the same time routing audio from the consultant to a sound card within the caregiver's computer 18. At the same time the video camera and microphone collects audio/video of the caregiver/patient and forwards the audio/video to the consultant; see also at least ¶ [0042]: software associated with the biometric parameter collection device 38, 40 may open a window 36 on the caregiver’s computer 18 that displays the biometric parameters to the caregiver; see also at least ¶¶ [0043]-[0044]).
Claim Rejections - 35 U.S.C. § 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. § 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 3, 13, and 18 are rejected under AIA 35 U.S.C. § 103 as being unpatentable over Sadler et al. (U.S. Pub. No. 2015/0019231 A1) (hereinafter “Sadler”) in view of Shiue et al. (U.S. Pub. No. 2020/0329964 A1) (hereinafter “Shiue”).
Claims 3, 13, and 18: Sadler discloses the limitations as shown in the rejections above.
Sadler does not explicitly disclose, but Shiue, as shown, discloses the following limitations:
wherein when it is determined that the biometric information cannot be measured, instruction information for guiding the subject is output to the second terminal so that the biometric information can be measured (see at least ¶¶ [0018]-[0023]: as an example, the image sensor 110/210 may be adjusted for an optimization purpose with the following items, but not limited thereto: Adjust image size and resolution to meet the target size. Adjust the video frame rate to improve the video quality. Adjust the shutter speed to prevent from over/underexposure. Adjust the focal length to sharpen the image. Adjust the analog gain, digital gain, aperture and ISO to prevent from over/under-exposure; see also at least ¶¶ [0024]-[0029]: as an example, the image signal processor 120/220 may be adjusted or configured for the optimization purpose; see also at least ¶ [0030]: instead of receiving the raw image data 160 from the image sensor 110 by the physiological signal processor 130 in FIG. 1, the physiological signal processor 330 in FIG. 3 is configured to receive the image data or feature extractions 361 from the image signal processor 320 to perform the physiological signal analysis and calculations, and to generate a feedback control signal 370 for the image sensor 310; see also at least ¶¶ [0004] and [0012]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the image processing techniques to measure physiological information taught by Shiue with the medical sharing systems disclosed by Sadler, because Shiue teaches at ¶¶ [0004] and [0012]: that these techniques “improve the information quality of the physiological information 290.” See M.P.E.P. § 2143(I)(G).
Moreover, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the image processing techniques to measure physiological information taught by Shiue with the medical sharing systems disclosed by Sadler, because the claimed invention is merely a combination of old elements (the image processing techniques to measure physiological information taught by Shiue and the medical sharing systems disclosed by Sadler), in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. See M.P.E.P. § 2143(I)(A).
Response to Arguments
Applicant’s arguments submitted with the Reply have been fully considered but are not persuasive.
Applicant argues that the prior art does not disclose the features of the amended independent claims. Reply, p. 9. Examiner disagrees, because Sadler discloses collecting, streaming, and displaying biometric status over a network (see, e.g., ¶¶ [0021] and [0042]-[0044], which can only occur when the network communication status is of sufficient quality. Thus, collecting, streaming, and displaying the information is evinces a sufficient network communication status of the data link between the communicating devices for the transmission of the biometric information via the video.
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. The following references have been cited to further show the state of the art with respect to telehealth systems.
Wu et al. (U.S. Pub. No. 2021/0386307 A1) (heart rate measurement using facial video);
Pronko et al. (U.S. Pub. No. 2021/0161463 A1) (telemetry monitoring of a patient’s vital signs);
Gencarelli et al. (U.S. Pub. No. 2015/0228042 A1);
Wosik et al. (“Telehealth transformation: COVID-19 and the rise of virtual care.” Journal of the American Medical Informatics Association 27.6 (2020): 957-962).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christopher Tokarczyk, whose telephone number is 571-272-9594. The examiner can normally be reached Monday-Thursday between 6:00 AM and 4:00 PM Eastern.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mamon Obeid, can be reached at 571-270-1813. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER B TOKARCZYK/ Primary Examiner, Art Unit 3687