DETAILED ACTION
Claims 103-110, 112-125, 127-134 are pending in the present application. Claims 103, 107-109, 112-113, 115, 119-120, ``25, 127, 131 were amended and claims 133-134 were added in the response filed 27 May 2026. Claims 1-102, 111, and 126 have status cancelled.
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 .
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 103-108, 110, 112-125, 127-132, and 134 are is/are rejected under 35 U.S.C. 103 as being obvious over Gaffield US Patent Application Publication No. 2017/0323055 A1 in view of Lewis et al. US Patent Application Publication Number 2012/0197665 A1 and Freeman et al. US Patent 9,928,718 B2.
The applied reference has a common applicant with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Regarding claim 103, Gaffield et al. teaches the following:
A cloud-based emergency medical services (EMS) computing system [note: Abstract, “Techniques for charting a medical event are disclosed. In one embodiment, the techniques may be realized as a system for charting a medical event, comprising a processor communicably coupled to a database and to a patient charting system”; Figure 1] comprising:
a patient charting system [note: paragraph 0069 PCS; paragraph 0072 dispatch environment]; and
a computer-aided dispatch (CAD) system configured to provide dispatch information to the patient data charting system for an encounter between a patient and EMS personnel [note: Figure 1, (102); paragraph 0072, “Enterprise environment 102 may be a hospital and/or dispatch environment”; paragraph 0058, system indicates “type of service”; paragraph 0066 “is an ambulance or other EMS vehicle” (i.e. system indicates types of transport)];
wherein the patient data charting system configured to: communicatively couple with the CAD system [note: Figure 1 (104) patient monitoring system; paragraph 0067],
access an electronic patient care record (ePCR) comprising a plurality of ePCR data fields for the encounter between the patient and the EMS personnel [note: paragraph 0068, “The PCS 104 can be a device used by the EMS technician 114 to generate records and/or notes about the patient’s 116 condition and/or treatments applied”, can be a cloud-implemented device; see paragraphs 0066, 0004 ambulance, 0090 means for adding additional fields, 0094 specific data fields, 0106 means for customization, 0089 data field customization];
receive the dispatch information from the CAD system [note: Figure 1, (102) enterprise environment (i.e. dispatch environment); paragraph 0069 patient charting device 104 may receive, organize, share, distribute, and display data from each device; paragraph 0072 dispatch environment].,
automatically populate at least a portion of the plurality of ePCR data fields with the dispatch information [note: paragraph 0007, processors; paragraph 0068, “interactive data entry interface”; paragraph 0089, system includes data fields; paragraph 0091, means for populating patient chart during a medical event; Figure 4; paragraph 0118, various modifications and additions may be implemented].and
generate a timeline that comprises durations for the plurality of the encounter based on the dispatch information.
Although Gaffield et al. teach the invention as cited including a plurality of ePCR fields they do not explicitly use the term computer-aided dispatch (CAD) system. However they do indicate that the system is implemented in a dispatch environment [see: paragraph 0072, “dispatch environment”].. However, Lewis et al. further describes a dispatch is a computer-aided dispatch used within the data processing arts to communicate information remotely and locally [note: abstract, figure 1 (18) CAD; paragraph 0046 CAD module may be implemented on the same platform or separately; paragraph 0052 used to receive and transmit data; paragraph 0043 CAD allows for data transmission and storage; also se paragraphs 0030, 0034-0035]. It would have been obvious to one of ordinary skill at the time of the effective filing data to have combined the cited references since they are all directed toward EMS and optimized capturing of patient data during a health event. Lewis et al. further describes the capabilities of a dispatch in a dispatch environment.
Although Gaffield, and Lewis et al. teach the invention as cited, they do not teach a timeline. However, Freeman et al. teach a timeline in association with an EMS computing system [note: figure 6B, 7; column 6 lines 14-18 time tracker; column 7 lines 46-54 generating a timeline; column 8 lines 41-56, generating a timeline in association with a patient charting system and a dispatch information device; also see column 1 line 49 through column 2 line 2 1techniques used to coordinate treatment of a victim; column 3 line 48 through column 4 line 25 means for providing various time parameters; claims 6 and 8, timeline ].
It would have been obvious to one of ordinary skill at the time of the effective filing date to have combined the cited references since they are all directed to optimized use of EMS devices. A time line would enhance diagnosis and treatment of the patient.
Claim 104: The cloud-based EMS computing system of Claim 103, wherein:
the CAD system is configured to receive at least a portion of the dispatch information via an emergency call for an emergency event; and the encounter is responsive to the emergency event [note: paragraph 0003 911 call; paragraph 0005 emergency event; also see paragraphs 0058, 0068, 0087, 0092].
Claim 105 : The cloud-based EMS computing system of Claim 103, wherein the dispatch information received from the CAD system includes a time and a location of an emergency event [note: paragraph 0088, processing module may retrieve additional data using health data exchange].
Claim 106: The cloud-based EMS computing system of Claim 105, wherein the location of the emergency event indicates a floor of a multistory building [note: paragraph 0089 templates may be customized].
Claim 107: The cloud-based EMS computing system of Claim 103, wherein the dispatch information received from the CAD system includes one or more of information characterizing … [note: paragraph 0060, additional data may be implemented (customization); paragraph 0091 additional data may populate the chart].
Claim 108: The cloud-based EMS computing system of Claim 103, wherein the dispatch information comprises one or more of: a call source … [note: paragraph 0091 additional data may populate the chart].
Claim 110: The cloud-based EMS computing system of Claim 103, wherein the dispatch information comprises one or more of a receipt time of an emergency call, a dispatch time of the EMS personnel, a delay time between the receipt time and the dispatch time, an on-scene arrival time, a patient side arrival time, an in route to hospital time, or a door-to-balloon time [note: paragraph 0097, medical event information].
Claim 112: The cloud-based EMS computing system of Claim 103, wherein the timeline comprises a graphical timeline or a list format timeline [note: paragraph 0097; and paragraph 0102, means for adapting view; see Freeman et al., column 8 lines 41-56; figure 7]..
Claim 113: The cloud-based EMS computing system of Claim 103, wherein the timeline indicates average EMS system performance times and EMS system performance goals [note: paragraph 0097 and 0102, adapting views; and see Freeman et al., column 8 lines 41-56; figure 7]..
Claim 114: The cloud-based EMS computing system of Claim 103, wherein the patient data charting system … information that is based at least in part on: a global positioning system location device associated with a transport vehicle; or an on-scene computing device associated with the encounter [note: paragraph 0066, global positioning systems; paragraph 0059 automatically populate].
Claim 115: The cloud-based EMS computing system of Claim 103, wherein the dispatch information received from the CAD system comprises information characterizing triage tasks that were directed by a dispatcher before the EMS personnel encountered the patient [note: paragraph 0064 performs advanced data management].
Claim 116: The cloud-based EMS computing system of Claim 103, wherein the patient data charting system is further configured to: communicatively couple with a medical records database remotely located from the encounter; receive patient medical information from the medical records database; and populate at least one of the plurality of epoch data fields based on the patient medical information [note: Figure 1; paragraph 0067 system connects to various devices].
Claim 117: The cloud-based EMS computing system of Claim 116, wherein the patient medical information comprises one or more of medication information, chronic condition information, physician information, or historical treatment information [note: paragraph 0075].
Claim 118: The cloud-based EMS computing system of Claim 103, wherein the patient data charting system is configured to: identify a medical facility destination for the patient based on information in at least one of the plurality of ePCR data fields; and
communicatively couple with at least one server associated with the medical facility destination [note: Figure 1]..
Claim 119: The cloud-based EMS computing system of Claim 118, wherein the patient data charting system is configured to provide patient information from one or more of the plurality of ePCR data fields to the medical facility destination [note: Figure 1; paragraphs 0087, 0089-0091]..
Claim 120: The cloud-based EMS computing system of Claim 118, wherein the patient data charting system is configured to: receive patient medical information from the at least one server; and populate one or more of the plurality of ePCR data fields based on the received patient medical information [note: Figure 1; and paragraphs 0087, 0089-0091].
Claim 121: The cloud-based EMS computing system of Claim 103, wherein:
the patient data charting system comprises an on-scene computing device configured to communicatively couple to at least one medical device associated with the encounter between the patient and the EMS personnel; the on-scene computing device is configured to receive patient data from the at least one medical device; and the patient data charting system is configured to populate at least one of the plurality of ePCR data fields based on the patient data received from the at least one medical device [note: Figure 1].
Claim 122: The cloud-based EMS computing system of Claim 121, wherein the on-scene computing device comprises one or more of a smartphone, a tablet, or a wearable computing device [note: paragraph 0064 multiple different devices].
Claim 123: The cloud-based EMS computing system of Claim 121, wherein the at least one medical device is a patient monitor/defibrillator [note: paragraph 0067, patient monitoring device may be a defibrillator].
Claim 124: The cloud-based EMS computing system of Claim 123, wherein the at least one of the plurality of ePCR data fields comprises a vital sign data field [note: paragraph 0067-0068].
Claim 125:: The cloud-based EMS computing system of Claim 123, wherein the patient data comprises one or more of an ECG trace, blood pressure, respiration rate, heart rate, pulse oxygen level, therapy delivery data, or an ultrasound image [note: paragraph 0067-0068; paragraph 0075 medication].
Claim 127: The cloud-based EMS computing system of Claim 123, wherein the patient data comprises therapy delivery data that comprises one or more of medication delivery data, chest compression data, or defibrillation shock delivery data [note: paragraph 0067; paragraph 0075 means for delivery medication to patient].
Claim 128: The cloud-based EMS computing system of Claim 123, wherein the at least one of the plurality of ePCR data fields is in a cardiac arrest data section of the ePCR [note: paragraph 0067; paragraph 0089 customizable templates].
Claim 129: The cloud-based EMS computing system of Claim 121, wherein the at least one medical device is one of a patient monitor, an automated external defibrillator, a trauma kit, an automated compression device, or a ventilation device [note: paragraph 0067; paragraph 0089 customizable templates].
Claim 130: The cloud-based EMS computing system of Claim 103, wherein the patient data charting system is further configured to populate at least one of the plurality of ePCR data fields with an inferred value based on the dispatch information [note: paragraph 0067; paragraph 0089 customizable templates].
Claim 131: The cloud-based EMS computing system of Claim 103, wherein the patient data charting system is further configured to: identify an unpopulated ePCR data field of the plurality of ePCR data fields, wherein the unpopulated ePCR data field is associated with at least one automatically populated ePCR data field of the plurality of ePCR data fields; and
generate a caregiver prompt comprising a request for a data field value for the unpopulated ePCR data field [note: paragraph 0032 prompts; paragraph 0067; paragraph 0089 customizable templates; paragraph 0110 means for prompts].
Claim 132:: The cloud-based EMS computing system of Claim 103, wherein the ePCR is National Emergency Medical Services Information System compliant [note: paragraph 0088, health data exchange standards].
Regarding claim 134: “wherein the dispatch information comprises patient identification information” [see: Garfield, paragraphs 0093-0094 means for populating chart with patient information].
Claims 109, and 133 are is/are rejected under 35 U.S.C. 103 as being obvious over Gaffield US Patent Application Publication No. 2017/0323055 A1 in view of Preum et al. CognitiveEMS: a cognitive assistant system for emergency medical services and Lewis et al. US Patent Application Publication Number 2012/0197665 A1.
Regarding claim 109, Garfield teaches the following:
Claim 109:: The cloud-based EMS computing system of Claim 103, wherein the dispatch information received from the CAD system comprises at least one of: a designation of an encounter as at least one of a scheduled encounter, an interfacility transport encounter, or an emergency encounter; a designation of the encounter as using lights and sirens; or a designation of the encounter as providing basic support [note: Gaffield paragraph 0091 additional data may populate the chart; paragraph 0066, global positioning system; paragraph 0064 system performs advanced management; paragraphs 0093-0099 non-clinical type data may be collected (i.e. additional data)-].
Although Gaffield et al. teach the invention as cited including a plurality of ePCR fields they do not explicitly use the term interfacility transport. Gaffield et al. does teach additional data fields may be implemented to customize chart and indicating transport information such as an ambulance or other EMS vehicle [see paragraph 0066; and paragraph 0059]. However, Preum et al. further teach a rules engine and means for “dynamic customization of data fields”. means for defining or customizing the system. The fields may be defined to enhance operational effects [note: page 52 section 2.1 Cognitive assistant systems, and page 54 section 3.4.2 Rule Engine]. It would have been obvious to one of ordinary skill at the time of the effective filing data to have combined the cited references since they are both directed toward EMS and optimized capturing of patient data during a health event.
Although Gaffield and Preum et al. teach the invention as cited above, Garfield does not explicitly use the term computer-aided dispatch (CAD) system. However they do indicate that the system is a dispatch environment. Further Lewis et al. describes the dispatch as a computer-aided dispatch used within the data processing arts to communicate information remotely and locally [note: abstract, figure 1 (18) CAD; paragraph 0046 CAD module may be implemented on the same platform or separately; paragraph 0052 used to receive and transmit data; paragraph 0043 CAD allows for data transmission and storage; also se paragraphs 0030, 0034-0035]. It would have been obvious to one of ordinary skill at the time of the effective filing data to have combined the cited references since they are all directed toward EMS and optimized capturing of patient data during a health event. Lewis et al. further describes the capabilities of a dispatch in a dispatch environment.
Although Gaffield, Preum et al., and Lewis et al. teach the invention as cited, they do not teach a timeline. However, Freeman et al. teach a timeline in association with an EMS computing system [note: figure 6B, 7; column 6 lines 14-18 time tracker; column 7 lines 46-54 generating a timeline; column 8 lines 41-56, generating a timeline in association with a patient charting system and a dispatch information device].
It would have been obvious to one of ordinary skill at the time of the effective filing date to have combined the cited references since they are all directed to optimized use of EMS devices. A time line would enhance diagnosis and treatment of the patient.
Regarding claim 133: “the dispatch information comprises an indication of a type of transport service…”.
Although Gaffield et al. teach the invention as applied to independent claim 103, including a plurality of ePCR fields, they do not explicitly teach an indication of transportation service, and the automatically populated ePCR data fields comprise a type of transport service field populated with the indication of the type of transport service. Gaffield et al. does teach additional data fields may be implemented to customize chart and indicating transport information such as an ambulance or other EMS vehicle [see paragraph 0066; and paragraph 0059]. However, Preum et al. further teach a rules engine and means for “dynamic customization of data fields”. means for defining system. The fields may be defined to enhance operational effects [note: page 52 section 2.1 Cognitive assistant systems, and page 54 section 3.4.2 Rule Engine]. It would have been obvious to one of ordinary skill at the time of the effective filing data to have combined the cited references since they are both directed toward EMS and optimized capturing of patient data during a health event. A field indicating transportation type would distinguish the in house employee from other personnel or private citizens and indicate the capabilities of the transport vehicle.
Although Gaffield and Preum et al. teach the invention as cited above, Garfield does not explicitly use the term computer-aided dispatch (CAD) system. However they do indicate that the system is a dispatch environment. Further Lewis et al. describes the dispatch as a computer-aided dispatch used within the data processing arts to communicate information remotely and locally [note: abstract, figure 1 (18) CAD; paragraph 0046 CAD module may be implemented on the same platform or separately; paragraph 0052 used to receive and transmit data; paragraph 0043 CAD allows for data transmission and storage; also se paragraphs 0030, 0034-0035]. It would have been obvious to one of ordinary skill at the time of the effective filing data to have combined the cited references since they are all directed toward EMS and optimized capturing of patient data during a health event. Lewis et al. further describes the capabilities of a dispatch in a dispatch environment. Although Gaffield, Preum et al., and Lewis et al. teach the invention as cited, they do not teach a timeline. However, Freeman et al. teach a timeline in association with an EMS computing system [note: figure 6B, 7; column 6 lines 14-18 time tracker; column 7 lines 46-54 generating a timeline; column 8 lines 41-56, generating a timeline in association with a patient charting system and a dispatch information device].
It would have been obvious to one of ordinary skill at the time of the effective filing date to have combined the cited references since they are all directed to optimized use of EMS devices. A time line would enhance diagnosis and treatment of the patient.
Response to Arguments
Applicant’s arguments with respect to claim(s) 103—110, 112-125, 127-134 have been considered but are moot in view of the new rejection. Note newly added reference Freeman et al. teach a timeline to track emergency situations associated with a medical emergency. .
ARGUMENT: Claim 103 has been amended the prior art does not teach a computer-aided dispatch and a timeline. .
RESPONSE: a new reference Freeman et al. is cited for teaching a timeline, see column 8 lines 41-53 “the computing device generates a timeline of events”, the timing information may be combined with multiple other EMS devices, including and not limited to a patient charting device, and dispatch information device. Garfield al. teach a “dispatch environment” see paragraph 0072; however, Preum et al. further teaches a computer-aided dispatch system is a dispatch environment and is used to receive and transmit data, see figure 1 (18) CAD, paragraphs 0046 and 0052.
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.
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/GRETA L ROBINSON/Primary Examiner, Art Unit 2163
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