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 .
The application of Trpkovski et al. for a “health service system” filed on July 15, 2024 has been examined.
This application is a CON of 17/819,257, filed on August 11, 2022, now US# 12,068,081,
which is a CON of 17,524,573, filed on November 11, 2021, now US# 11,443,856.
This application claims priority to U.S. provisional application number 63,133,411, which is filed on January 3, 2021.
A preliminary amendment to the claims 1-20 has been entered and made of record. Claims 1-20 are cancelled. The new set of claims 21-40 are introduced.
Claims 21-40 are pending.
Specification
The disclosure is objected to because of the following informalities: Under cross references to related applications CON status needs to be updated. Serial number 17/819,257, filed on August 11, 2022, now US# 12,068,081.
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 34-40 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Applicant trying to claim a healthcare provider service does not fall into any statutory categories of invention. It is suggested to amend the term “a healthcare provider” to “a healthcare provider service system”.
There is no practical application of the healthcare provider service as required under MPEP 2106 IV B 1(c). The only positive limitation associates with the healthcare provider service comprises a provider server computing device. However, as claimed the healthcare provider service has no practical application.
Referring to claims 35-40 are rejected as being dependent upon a rejected claim 34 above.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 34-40 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 34 recites the limitation "the system" in line 7. There is insufficient antecedent basis for this limitation in the claim.
“the system” should be “a system” or “the healthcare provider service (system)”.
Referring to claims 35-40 are rejected as being dependent upon a rejected Claim 34 above.
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)(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 21-39 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kamangar (Pub. No. 2022/0076812).
Referring to claim 21, Kamangar discloses a method of presenting telehealth media content (i.e. an integrated service provider and patient interaction platform for remote and in-person consultations) (page 1 paragraph 0008; see Figures 2A to 3Z), the method comprising:
providing access to a telehealth provider service (a remote consultations) (i.e. a client 21A may be required to register with/login to a SPCI server 50A via a SPCI-app on their device 20A, 30B communications 102A-B, 112A-B of FIGS. 2A and 2B via registration/login module 72A (FIG. 4) according to various embodiments. As shown in FIGS. 2A and 2B, a SPCI server 50A may receive a registration/login request (communication 102A-D, 112A-D), such as via interfaces 35C and 350 selections 36C and 360 (from SPCI-apps) shown in FIGS. 3C) (page 10 paragraph 0107; see Figures 1, 2A and 3C);
storing telehealth patient data in a data store (i.e. an unique ID for a client 21A or a provider 31A may allow them to create a secure history (SPCI-history) in the architecture 10, 100C, 100D, 420, 400 so another client 21B-D or another provider 31B-E may view their SPCI-history (as permitted) as they use architecture 10, 100C, 100D, 420, 400 over time) (page 11 paragraph 0108; see Figures 1, 2A and 3C);
analyzing the telehealth patient (21A) data to identify a telehealth patient’s area of interest (i.e. Once registered or logged into a SPCI server 50A, a SPCI server 50A may generate and provide/forward a main page 25A, 35A (communications 106A-B, 115A-B) to a SPCI-app on a client device 20A, a SPCI-app on a provider device 30A via a network 16, such as the graphical user interface screens 25A, 35A shown in architecture 10 in FIG. 3B and FIG. 3A and interface screens 35P, 35D shown in FIGS. 3P and 3D) (column 11 lines 0110);
selecting one or more media content items (i.e. advertising content) that are directed to the telehealth patient’s area of interest (i.e. information received by SPCI server 50 in connection with a service request (e.g. in step 900) and/or in response to further query (e.g. in step 916) and/or associated with the requesting client in a user profile maintained by SPCI server 50, may be utilized to target or personalize content delivery. In some embodiments, content may be selected for playback to a given user while waiting in queue, that is deemed likely to be of interest to the user, whether the delivered content comprises advertising, patient education materials or other content.) (page 4 paragraphs 0049-0050; page 8 paragraph 0084; see Figure 2E); and
presenting the one or more media content items via the telehealth provider service (i.e. the display 210A may also include an educational section 214A showing multimedia about various services that the service providers 30A-E may provide. The display 210A may also include a section 215A that provides information about the service providers 30A-30E such as experience and credentials. The display 210A section 216A may enable a client 21A to select one of several options. The options may include educational information about services, tips for the client, additional services available, and payment options. The display 210A may also include more service provider banners 218A and advertising content section 222B in an embodiment) (page 4 paragraph 0049 to page 5 paragraph 0050; page 8 paragraph 0084; see Figure 2E).
Referring to claim 22, Kamangar discloses the method of claim 21, wherein the telehealth patient data includes at least one electronic medical record of the telehealth patient (i.e. server 50 may query separate electronic medical records (EMR) systems in order to retrieve medical or dental records associated with a given user or patient. Such EMR may subsequently be, e.g., made accessible to a user via a history request 401A, made available to service providers in remote or in-person consultations, utilized as a factor for prioritization of remote service requests, and/or used for automated identification of predetermined conditions, whether conditions exhibited directly within the EMR or conditions determined by comparing EMR content to additional information provided by the patient (e.g. image-based identification of a missing tooth that is present in an EMR x-ray image)) (page 2 paragraph 0033); and wherein analyzing the telehealth patient data to identify the telehealth patient’s area of interest comprises analyzing the at least one electronic medical record of the telehealth patient (i.e. information received by SPCI server 50 in connection with a service request (e.g. in step 900) and/or in response to further query (e.g. in step 916) and/or associated with the requesting client in a user profile maintained by SPCI server 50, may be utilized to target or personalize content delivery. In some embodiments, content may be selected for playback to a given user while waiting in queue, that is deemed likely to be of interest to the user, whether the delivered content comprises advertising, patient education materials or other content. For example, in some embodiments, if a user initiates a non-critical service request for consultation on oral hygiene and the user's historical service information indicates recent orthodontal work, during step 930 the user may be presented with (a) advertising for orthodontal appliance cleaning products; and/or (b) instructional videos on cleaning of orthodontal appliances) (page 4 paragraph 0050).
Referring to claim 23, Kamangar discloses the method of claim 21, wherein the telehealth provider service includes a social hub module, the social hub module including a plurality of community pages related to health, wellness, and lifestyle topics, and a marketplace that presents products and services associated with healthy living that are available for purchase (i.e. content sponsorship may also be utilized (exclusively or as one factor in a recommendation or personalization algorithm) in selecting content for delivery to user 21A while waiting on queue. For example, toothpaste manufacturers may bid for advertising delivery to targeted user cohorts (e.g. users seeking consultation about dental hygiene practices). Because SPCI server 50 has access to a particularly rich and varied ecosystem of information relevant to not only a user 21A, but also the user's contemporaneous interests (e.g. as expressed via current and/or historical requests for service or other prior transactions), SPCI server 50 may be particularly effective in selecting and delivering content that is timely and relevant to user 21A) (page 5 paragraph 0051; page 6 paragraph 0063).
Referring to claim 24, Kamangar discloses the method of claim 23, wherein the telehealth patient data includes at least one social hub module record, wherein the at least one social hub module record relates to a browsing history or a purchase history of the telehealth patient; and wherein analyzing the telehealth patient data to identify the telehealth patient’s area of interest comprises analyzing the at least one social hub module record (i.e. the SPCI server 50 automatically or at the request of a service provider 31A, 31B may enable a client 21A via their SPCI-app (on their device 20A) to purchase products or services related to their service request. For example, for a dental service, the related products may be dental products to prevent future service (e.g. toothpaste, fluoride rinse, a power toothbrush, a brushing coaching aid, or the like) or to help address any current dental issues (e.g. pain relievers, whitening products, or the like). In an embodiment, the SPCI server 50 may provide related products or services information or links for their purchase from a 3.sup.rd party sales system 70D, which may be hosted by another service provider. The SPCI server 50 may also enable the SPCI-app of a device 20A to communicate directly with a 3.sup.rd party sales system 70D to purchase related products or services) (page 6 paragraph 0063).
Referring to claim 25, Kamangar discloses the method of claim 21, wherein the telehealth patient data includes at least one biographical record of the telehealth patient, wherein the at least one biographical record relates to one or more of a name, age, height, weight, race, ethnicity, sex, or family health history of the telehealth patient (i.e. in an embodiment any updates associated with SPCI architecture 10, 100C, 100D, 420, 400 such as the client information, provider information, services requested and performed and related communications, and payments, may be distributed across many blockchain systems 40A to prevent corruption of SPCI architecture 10, 100C, 100D, 420, 400 data and provide a secure and reproducible record or ledger of all activity along with the source of such changes. In an embodiment, all client information, provider information, services requested and performed and related communications, and payments may be assigned a unique token that is created and stored by a CBCS 40A) (page 4 paragraph 0044; page 10 paragraph 0100; see Figures 3B); and wherein analyzing the telehealth patient data to identify the telehealth patient’s area of interest comprises analyzing the at least one biographical record (i.e. In addition to transmitting content such as patient educational content and/or targeted advertising while a patient is in queue for a remote consultation, the SPCI platform may also deliver targeted content (whether patient educational, advertising, or both) via a user 21A's mobile app, when the patient's device 20A is determined to be located within a dental service provider's offices. Thus, content relevant to a patient's current condition can be delivered to the patient while waiting to visit with a dental professional, thereby engaging the patient and potentially reducing patient dissatisfaction associated with any waiting period) (page 5 paragraph 0052; see Figure 2E).
Referring to claim 26, Kamangar discloses the method of claim 21, wherein the one or more media content items includes at least one advertisement or other informational media content item (i.e. clients awaiting providers may be presented with content via their SPCI-app while waiting. Content delivered while waiting on queue may include, for example, advertising or patient education information) (page 4 paragraphs 0049-0050).
Referring to claim 27, Kamangar discloses the method of claim 21, wherein analyzing the telehealth patient data to identify a telehealth patient’s area of interest is completed by a data model (i.e. (i.e. In addition to transmitting content such as patient educational content and/or targeted advertising while a patient is in queue for a remote consultation, the SPCI platform may also deliver targeted content (whether patient educational, advertising, or both) via a user 21A's mobile app, when the patient's device 20A is determined to be located within a dental service provider's offices. Thus, content relevant to a patient's current condition can be delivered to the patient while waiting to visit with a dental professional, thereby engaging the patient and potentially reducing patient dissatisfaction associated with any waiting period) (page 5 paragraph 0052; page 9 paragraphs 0090-0092; see Figures 2E ad 6A).
Referring to claim 28, Kamangar discloses the method of claim 21, wherein selecting one or more media content items that are directed to the telehealth patient’s area of interest is completed by a media content manager (i.e. clients awaiting providers may be presented with content via their SPCI-app while waiting. Content delivered while waiting on queue may include, for example, advertising or patient education information. Furthermore, content delivered on queue may be highly targeted or personalized, based on detailed information concerning client 21A maintained by or accessible to SPCI server 50. While examples are described herein with reference to a remote dental services application, it is contemplated and understood that the systems and methods described may be equally applicable to telehealth consultations or other remote services) (page 4 paragraph 0049).
Referring to claims 29 and 34, Kamangar discloses a system for presenting telehealth media content and a health provider service, to the extent as claimed with respect to claim 21 above, and the system further including:
record telehealth patient data (i.e. a provider 31A may allow them to create a secure history (SPCI-history) in the architecture 10, 100C, 100D, 420, 400 so another client 21B-D or another provider 31B-E may view their SPCI-history (as permitted) as they use architecture 10, 100C, 100D, 420, 400 over time) (page 11 paragraph 0108; see Figures 1, 2A and 3C).
Referring to claims 30-33 and 38-39, Kamangar discloses the system and the health provider service, although different in scope from the claims 22-25 and 27-28, the claims 30-33 and 38-39 contains similar limitations in that the claims 22-25 and 27-28 already addressed above, therefore claims 30-33 and 38-39 are also rejected for the same reasons given with respect to claims 22-25 and 27-28, respectively.
Referring to claim 35, Kamangar discloses the healthcare provider service of claim 34, wherein the data store is further configured to store the one or more media content items (i.e. content delivered on queue may be highly targeted or personalized, based on detailed information concerning client 21A maintained by or accessible to SPCI server 50. While examples are described herein with reference to a remote dental services application, it is contemplated and understood that the systems and methods described may be equally applicable to telehealth consultations or other remote services) (page 4 paragraph 0049; page 7 paragraph 0078; see Figure 2D).
Referring to claim 36, Kamangar discloses the healthcare provider service of claim 34, wherein the data store is included within the provider server computing device (50) (i.e. content delivered on queue may be highly targeted or personalized, based on detailed information concerning client 21A maintained by or accessible to SPCI server 50. While examples are described herein with reference to a remote dental services application, it is contemplated and understood that the systems and methods described may be equally applicable to telehealth consultations or other remote services) (page 4 paragraph 0049; page 7 paragraph 0078; see Figure 2D).
Referring to claim 37, Kamangar discloses the healthcare provider service of claim 34,
wherein the data store is maintained by an external third-party enterprise (330A-C) (i.e. a service provider location 420 may include a number of rooms 430A-E that serve different functions (e.g. examination rooms, operatories, reception areas, or consultation offices). In an embodiment, one or more rooms 430A-E may include service provider devices 30A-E, 320A, and 330A-C that may be running an SPCI application or displaying a SPCI webpage (SPCI-app). The service provider SPCI-app may be used by a service provider 31A-E to prepare or conduct an in-person session for a client. An SPCI-app may also be used by a client 21A on a service provider device 30A-E, 320A, and 330A-C or their device 20A-B to conduct-perform various sessions activities) (page 6 paragraph 0065; see Figures 1B and 2D).
Claim Rejections - 35 USC § 103
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 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 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.
Claim 40 is rejected under 35 U.S.C. 103 as being unpatentable over Kamangar (Pub. No. 2022/0076812) as applied to claim 34 and in view of Hyde et al. (US# 9,864,842).
Referring to claim 40, Kamangar discloses the healthcare provider service of claim 34, however, Kamangar did not explicitly disclose further comprising: a hub care facility, the hub care facility including: a locked door with a scanner that unlocks the locked door upon scanning a time sensitive door unlock code; and a locked medication locker with a scanner that unlocks the locked medication locker upon scanning a medication locker unlock code.
In the same field of endeavor of an access control system, Hyde et al. teach that further comprising: a hub care facility, the hub care facility including: a locked door with a scanner that unlocks the locked door upon scanning a time sensitive door unlock code; and a locked medication locker with a scanner that unlocks the locked medication locker upon scanning a medication locker unlock code (i.e. a verification code obtained from the healthcare provider but not necessarily located on the voucher (e.g., a text or email or separate code obtained by the subject). In an embodiment, the coded locks include a termination time so that the voucher must be presented to open the locked box during a specific time period or the medical service or product can no longer be obtained by the subject. In an embodiment, the locked boxes are configured to be opened by a key, which is provided to the subject by the healthcare provider or in another manner) (column 6 line 3 to column 7 line 12;; column 41 lines 1 to 30) in order to evaluating the identity to access into the kiosk for the medical service or product.
At the time of the effective filing date of the current application, it would have been obvious to a person of ordinary skill in the art to recognize the need for having receiving the verification code with termination time from the health provider to unlock the door of the kiosk for accessing the medical service or product taught by Hyde et al. with the check in for a remote service session at the medical office or other locations of Kamangar because having the verification code with termination time from the health provider to unlock the door of the kiosk for accessing the medical service or product would increase a layer of security for the patient interaction platform.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the enclosed PTO-892 for details.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAM V NGUYEN whose telephone number is 571-272-3061. Fax number is (571) 273-3061. The examiner can normally be reached on 8:00AM-5:00PM Monday to Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Quan-Zhen Wang can be reached on 571-272-3114. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications.
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/NAM V NGUYEN/
Primary Examiner, Art Unit 2685