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 .
Information Disclosure Statement
The information disclosure statement (IDS) received on October 24, 2024has been considered by examiner.
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 1-27 are rejected under 35 U.S.C. 101 because the claims are not directed to patent eligible subject matter.
Claims 1-27 do fall within at least one of the four categories of patent eligible subject matter because the claims recite a machine (i.e., device, system, and computer program product comprising a non-transitory computer-readable medium).
Although claims 1-27 fall under at least one of the four statutory categories, it should be determined whether the claim wholly embraces a judicially recognized exception, which includes laws of nature, physical phenomena, and abstract ideas, or is it a particular practical application of a judicial exception (See MPEP 2106 I and II).
Claims 1-27 are directed to a judicial exception (i.e., a law of nature, natural phenomenon, or abstract idea) without significantly more.
Part I: Step 2A, Prong One: Identify the Abstract Idea
Under step 2A, Prong One of the Alice framework, the claims are analyzed to determine if the claims are directed to a judicial exception. MPEP §2106.04(a). The determination consists of a) identifying the specific limitations in the claim that recite an abstract idea; and b) determining whether the identified limitations fall within at least one of the three subject matter groupings of abstract ideas (i.e., mathematical concepts, mental processes, and certain methods of organizing human activity).
The identified limitations of independent claim 1 (representative of independent claim 16) recite:
a memory comprising a non-transitory data processor-readable medium;
a display device;
a data processor operatively connected to said memory and display device;
a user interface device operatively connected to said data processor;
user interface management instructions embodied in data processor-executable code stored in said memory, said user interface management instructions being executable by the data processor to provide a user interface management engine configured to:
display, via said display device, at least one graphical user interface window operable to authenticate a caregiver for a care session with at least one patient;
display, via said display device, a patient menu displaying user selectable options for patient identifiers;
display, via said display device, an activity menu displaying user selectable options for care activities;
receive, via said user interface device, user input comprising at least one patient identifier selected from the patient menu and at least one care activity selected from the activity menu;
store, in said memory, said user input as an informal care information notation record; and
transmit, via a communications network, data identifying said informal care information notation record to a remote system”
The identified limitations of independent claim 8 (representative of independent claim 22) recite:
a memory comprising a non-transitory data processor-readable medium;
a data processor operatively connected to said memory;
multi-session management instructions embodied in data processor-executable code stored in said memory, said multi-session management instructions being executable by the data processor to provide a multi-session management engine configured to:
receive, via a communications network, data comprising at least one informal care information notation record comprising data gathered from a caregiver via a caregiver computing device during a first computing session;
transmit, via the communications network to a computerized notation review device comprising a display device, data to cause display, via the display device, at least one graphical user interface window operable to receive data for authenticating the caregiver;
receive, via the communications network from the computerized notation review device, data authenticating the caregiver; and
transmit, via the communications network to the computerized notation review device, data to cause display, via the display device, said data comprising said at least one informal care information notation record to permit said caregiver to review said comprising said at least one informal care information notation record in the second computing session via the computerized notation review device
The identified limitations, under its broadest reasonable interpretation, cover performance of the limitations in the mind but for the recitation of generic computer components. For example, but for the memory, display device, processor, user interface device, notation review device, and communication network, the context of the claim encompasses a user (e.g. caregiver) writing or typing clinical notes for during patient clinical sessions. The claim limitations fall within the Mental Processes groupings of abstract ideas. The performance of the claim limitations using generic computing components does not preclude the claim limitations from being in the Mental Processes grouping. Thus, the claim recites an abstract idea.
Part I: Step 2A, prong two: additional elements that integrate the judicial exception into a practical application
Under step 2A, Prong Two of the Alice framework, the claims are analyzed to determine whether the claims recite additional elements that integrate the judicial exception into a practical application. In particular, the claims are evaluated to determine if there are additional elements or a combination of elements that apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claims are more than a drafting effort designed to monopolize the judicial exception.
As a whole, the additional elements recite using the processor, memory, and communication interface to implement the abstract idea. The memory, display device, processor, user interface device, notation review device, and communication network in the steps are recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Dependent claims 2-7, 9-15, 17-21, and 23-27, when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. 101 because the additional recited limitations fail to establish that the claims are not directed to an abstract idea.
Since these claims are directed to an abstract idea, the Office must determine whether the remaining limitations “do significantly more” than describe the abstract idea.
Part II. Determine whether any Element, or Combination, Amounts to“Significantly More” than the Abstract Idea itself
Under Part II, the steps of the claims, when considered individually and as an ordered combination, do not improve another technology or technical field, do not improve the functioning of the computer itself, and are not enough to qualify as "significantly more". For example, the steps require no more than a conventional computer to perform generic computer functions. As stated above, the memory, display device, processor, user interface device, notation review device, and communication network in the steps are recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using a generic computer component. Therefore, based on the two-part Mayo analysis, there are no meaningful limitations in the claim that transform the exception into a patent eligible application such that the claim amounts to significantly more than the exception itself. Claims 1-27, when considered individually and as an ordered combination, are rejected as ineligible subject matter under 35 U.S.C. 101.
Dependent claims 2-7, 9-15, 17-21, and 23-27, when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. 101 because the additional claims do no recite significantly more than an abstract idea.
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.
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 1-27are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okabe et al. (US 2016/0224195 A1).
Regarding claims 1 and 16, Okabe discloses a computerized caregiver notation device configured to record care information notations for review in a separate computing session, the caregiver notation device comprising:
a memory comprising a non-transitory data processor-readable medium (Paragraph [0089]);
a display device (Paragraph [0089]);
a data processor operatively connected to said memory and display device (Paragraph [0089]);
a user interface device operatively connected to said data processor (Paragraph [0089]);
user interface management instructions embodied in data processor-executable code stored in said memory (Paragraph [0089]), said user interface management instructions being executable by the data processor to provide a user interface management engine configured to:
display, via said display device, at least one graphical user interface window operable to authenticate a caregiver for a care session with at least one patient (Paragraph [0097]: The professional ID is input together with an authorization key by use of a login page);
display, via said display device, a patient menu displaying user selectable options for patient identifiers (Fig.11; Paragraph [0123]: patient list area 67);
display, via said display device, an activity menu displaying user selectable options for care activities (Paragraph [0124]: The schedule area 65 is produced by a gadget for schedule management. In the schedule area);
receive, via said user interface device, user input comprising at least one patient identifier selected from the patient menu and at least one care activity selected from the activity menu (Paragraph [0131]: the progress information 50 of the case ID 0123456789 for the patient);
store, in said memory, said user input as an informal care information notation record (Paragraph [0073]: A record database 11A (DB) for pages is combined with the medical support server apparatus 11, and stores record information 16 for the pages); and
transmit, via a communications network, data identifying said informal care information notation record to a remote system (Paragraph [0076]: the server cluster 13 searches medical care data according to a request for acquisition from the medical support server apparatus 11, and transmits acquired medical care data to the medical support server apparatus).
Regarding claim 2, Okabe discloses the computerized caregiver notation device of claim 1, wherein said user interface management instructions configured to display, via the display device, at least one graphical user interface window operable to authenticate a caregiver for a care session with at least one patient comprise instructions to configure the user interface management engine to compare stored data of an authorized caregiver to login credential information received as user input provided via said at least one graphical user interface window via said user interface device (Paragraph [0097]).
Regarding claim 3, Okabe discloses the computerized caregiver notation device of claim 1, wherein said user interface management instructions configured to display, via said display device, an activity displaying user selectable options for care activities further comprise instructions to configure the user interface management engine to receive care data input selected from the activity menu and provided as user input via said at least one graphical user interface window via said user interface device (Paragraph [0132]).
Regarding claim 4, Okabe discloses the computerized caregiver notation device of claim 1, wherein said user interface management instructions further comprise instructions to configure the user interface management engine to display, via said display device, a text entry graphical user interface window operable to receive care data input (Paragraph [0132]: search box for inputting a symptom name).
Regarding claim 5, Okabe discloses the computerized caregiver notation device of claim 4, wherein said user interface management instructions to display, via said display device, the text entry graphical user interface window operable to receive care data input further comprise instructions to configure the user interface management engine to receive care data input provided as user input via said at least one graphical user interface window via said user interface device (Paragraph [0132]).
Regarding claim 6, Okabe discloses the computerized caregiver notation device of claim 1, wherein said user interface management instructions further comprise instructions to configure the user interface management engine to add timestamp data to said informal care information notation record (Paragraph [0082]).
Regarding claim 7, Okabe discloses the computerized caregiver notation device of claim 1, wherein said user interface management instructions to transmit data identifying said informal care information notation record to the remote system comprise instructions to configure the user interface management engine to transmit said to a computerized notation review device for at least one of review and editing during a subsequent computing session (Paragraph [0096]).
Regarding claims 8 and 22, Okabe discloses a computerized multi-session support system configured to permit review in a second computing session of informal care information notations recorded in a separate first computing session, the multi-session support system comprising:
a memory comprising a non-transitory data processor-readable medium (Paragraph [0089]);
a data processor operatively connected to said memory (Paragraph [0089]);
multi-session management instructions embodied in data processor-executable code stored in said memory (Paragraph [0089]), said multi-session management instructions being executable by the data processor to provide a multi-session management engine configured to:
receive, via a communications network, data comprising at least one informal care information notation record comprising data gathered from a caregiver via a caregiver computing device during a first computing session (Paragraph [0097]: The requests for editing are for instructing the medical support server apparatus 11 to edit the content information of the first and second information pages 15A and 15B according to input actions at the input device);
transmit, via the communications network to a computerized notation review device comprising a display device, data to cause display, via the display device, at least one graphical user interface window operable to receive data for authenticating the caregiver (Paragraph [0097]: The request for information distribution includes a professional ID. The professional ID is input together with an authorization key by use of a login page);
receive, via the communications network from the computerized notation review device, data authenticating the caregiver (Paragraph [0097]); and
transmit, via the communications network to the computerized notation review device, data to cause display, via the display device, said data comprising said at least one informal care information notation record to permit said caregiver to review said comprising said at least one informal care information notation record in the second computing session via the computerized notation review device (Paragraph [0189]: Then it is possible to remind the doctor rapidly to review and confirm the medical report).
Regarding claim 9, Okabe discloses the computerized multi-session support system of claim 8, wherein said user interface management instructions further comprise instructions to configure the multi-session management engine to receive, via the communications network from the computerized notation review device, data augmenting the informal care information notation record to create a corresponding formal care documentation record (Paragraph [0114]).
Regarding claim 10, Okabe discloses the computerized multi-session support system of claim 9, wherein said user interface management instructions further comprise instructions to configure the multi-session management engine to transmit, via the communications network to a cloud storage device, the corresponding formal care documentation record (Paragraph [0120]).
Regarding claim 11, Okabe discloses the computerized multi-session support system of claim 9, wherein said user interface management instructions further comprise instructions to configure the multi-session management engine to transmit, via the communications network to an electronic medical records system, the corresponding formal care documentation record (Paragraph [0077]).
Regarding claim 12, Okabe discloses the computerized multi-session support system of claim 9, wherein said user interface management instructions further comprise instructions to configure the multi-session management engine to transmit, via the communications network to the computerized notation review device, data to cause display, via the display device, of a graphical user interface window prompting the caregiver to provide additional information as input to the notation review device to create the corresponding formal care documentation record by augmenting the informal care information notation record (Paragraph [0114]).
Regarding claim 13, Okabe discloses the computerized multi-session support system of claim 9, wherein said user interface management instructions further comprise instructions to configure the multi-session management engine to format the formal care documentation record into a format compatible with an electronic medical records system (Paragraph [0077]).
Regarding claim 14, Okabe discloses the computerized multi-session support system of claim 8, wherein said user interface management instructions further comprise instructions to configure the multi-session management engine to provide the second computing session on a computing platform distinct from a respective computing platform of the first computing session (Paragraph [0088]).
Regarding claim 15, Okabe discloses the computerized multi-session support system of claim 8, wherein said user interface management instructions further comprise instructions to configure the multi-session management engine to provide the second computing session on a web computing platform (Paragraph [0075]).
Regarding claim 17, Okabe discloses the computer program product of claim 16, further comprising executable instructions that, when executed by a processor, cause a computerized system to perform a method comprising receiving care data input selected from the activity menu and provided as user input via said at least one graphical user interface window via a user interface device (Paragraph [0132]).
Regarding claim 18, Okabe discloses the computer program product of claim 16, further comprising executable instructions that, when executed by a processor, cause a computerized system to perform a method comprising displaying, via the display device, a text entry graphical user interface window operable to receive care data input (Paragraph [0132]).
Regarding claim 19, Okabe discloses the computer program product of claim 16, further comprising executable instructions that, when executed by a processor, cause a computerized system to perform a method comprising receiving care data input provided as user input via said at least one graphical user interface window via said user interface device (Paragraph [0132]).
Regarding claim 20, Okabe discloses the computer program product of claim 16, further comprising executable instructions that, when executed by a processor, cause a computerized system to perform a method comprising adding timestamp data to said informal care information notation record (Paragraph [0082]).
Regarding claim 21, Okabe discloses the computer program product of claim 16, further comprising executable instructions that, when executed by a processor, cause a computerized system to perform a method comprising transmitting said to a computerized notation review device for at least one of review and editing during a subsequent computing session (Paragraph [0096]).
Regarding claim 23, Okabe discloses the computer program product of claim 22, further comprising executable instructions that, when executed by a processor, cause a computerized system to perform a method comprising receiving, via the communications network from the computerized notation review device, data augmenting the informal care information notation record to create a corresponding formal care documentation record (Paragraph [0114]).
Regarding claim 24, Okabe discloses the computer program product of claim 23, further comprising executable instructions that, when executed by a processor, cause a computerized system to perform a method comprising transmitting, via the communications network to a cloud storage device the corresponding formal care documentation record (Paragraph [0120]).
Regarding claim 25, Okabe discloses the computer program product of claim 23, further comprising executable instructions that, when executed by a processor, cause a computerized system to perform a method comprising transmitting, via the communications network to an electronic medical records system the corresponding formal care documentation record (Paragraph [0077]).
Regarding claim 26, Okabe discloses the computer program product of claim 22, further comprising executable instructions that, when executed by a processor, cause a computerized system to perform a method comprising transmitting, via the communications network to the computerized notation review device, data to cause display, via the display device, of a graphical user interface window prompting the caregiver to provide additional information as input to the notation review device to create a corresponding formal care documentation record by augmenting the informal care information notation record (Paragraph [0114]).
Regarding claim 27, Okabe discloses the computer program product of claim 23, further comprising executable instructions that, when executed by a processor, cause a computerized system to perform a method comprising formatting the formal care documentation record into a format compatible with an electronic medical records system (Paragraph [0077]).
Conclusion
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/CHINYERE MPAMUGO/Primary Examiner, Art Unit 3685