DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice to Applicant
In response to the communication received on 07/24/2024, the following is a Non-Final Office Action for Application No. 18782254.
Status of Claims
Claims 1-20 are pending.
Drawings
The applicant’s drawings submitted on 07/24/2024 are acceptable for examination purposes.
Information Disclosure Statement
The information disclosure statement(s) (IDS) dated 07/24/2024 has been acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
As required by M.P.E.P. 201.14(c), acknowledgement is made of applicant’s claim for priority based on: 18782254 filed 07/24/2024 Claims Priority from Provisional Application 63528932, filed 07/26/2023.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claims fall within statutory class of process or machine or manufacture; hence, the claims fall under statutory category of Step 1.
Step 2 is the two-part analysis from Alice Corp. (also called the Mayo test). The 2019 PEG makes two changes in Step 2A: It sets forth new procedure for Step 2A (called “revised Step 2A”) under which a claim is not “directed to” a judicial exception unless the claim satisfies a two-prong inquiry. The two-prong inquiry is as follows: Prong One: evaluate whether the claim recites a judicial exception (an abstract idea enumerated in the 2019 PEG, a law of nature, or a natural phenomenon). If claim recites an exception, then Prong Two: evaluate whether the claim recites additional elements that integrate the exception into a practical application of the exception. The claim(s) recite(s) the following abstract idea indicated by non-boldface font and additional limitations indicated by boldface font:
A medical procedure preparation system, comprising: an input interface; a display; and at least one processor comprising hardware, the at least one processor configured to: receive an input containing (i) a medical procedure location where a medical procedure is performed, and (ii) a storage location where a medical device is stored; calculate (iii) a distance between (i) the medical procedure location and (ii) the storage location; calculate one of (a) a preparation start time of the medical device used in the medical procedure and (b) a performing time of the medical procedure using the medical device; and output a display image indicating one of (a) and (b) to the display, wherein calculation one of (a) and (b) is based on (iii) the distance and (iv) a movement speed of a transport device.
[or]
A medical procedure preparation method, comprising: receiving an input containing (i) a medical procedure location where a medical procedure is performed, and (ii) a storage location where a medical device is stored from an input interface; calculating (iii) a distance between (i) the medical procedure location and (ii) the storage location where the medical device is stored; calculating one of (a) a preparation start time of the medical device used in the medical procedure and (b) a performing time of the medical procedure using the medical device; and outputting a display image indicating one of (a) and (b) to a display, and wherein calculation one of (a) and (b) is based on (iii) the distance and (iv) a movement speed of a transport device.
[or]
A medical procedure preparation method, comprising: receiving an input signal from an input interface; obtaining, based on the input signal: a medical procedure location where the medical procedure is performed; a storage location where a medical device is stored, wherein the medical device is used in the medical procedure; and a performing time of the medical procedure using the medical device; calculating a preparation start time of the medical device; and outputting the preparation start time.
The claim(s) recite(s) the following summarization of the abstract idea which includes medical procedure preparation system executed by the additional element of a processor. This falls into at least the Abstract Idea Grouping of Mental Processes since the information can be analyzed by an abstract evaluation judgment process. Thus, the identified recitation of an abstract idea falls within at least one of the Abstract Idea Groupings consisting of: Mathematical Concepts, Mental Processes, or Certain Methods of Organizing Human Activity since the identified recitation falls within the Mental Processes including concepts performed in the human mind (including an observation, evaluation judgment, opinion) and/or Certain Methods of Organizing Human Activity including managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules of instructions). “[In a claim that includes a series of steps that recite mental steps as well as a mathematical calculation, an examiner should identify the claim as reciting both a mental process and a mathematical concept for Step 2A, Prong One to make the analysis clear on the record.” MPEP 2106.04, subsection II.B. Under such circumstances, however, the Supreme Court has treated such claims in the same manner as claims reciting a single judicial exception. Id. (discussing Bilski v. Kappos, 561 U.S. 593 (2010)). Limitations are considered together as a single abstract idea for further analysis.
Per Prong Two of Step 2A, this judicial exception is not integrated into a practical application because the claim as a whole does not integrate the identified abstract idea into a practical application. The processor is recited at a high level of generality, i.e., as a generic processor performing a generic computer function of processing/transmitting data. This generic processor limitation is no more than mere instructions to apply the exception using a generic computer component. Further, output a display image indicating one of (a) and (b) by a processor is mere instruction to apply an exception using a generic computer component which cannot integrate a judicial exception into a practical application. Accordingly, this/these additional element(s) does/do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Thus, since the claims are directed to the determined judicial exception in view of the two prongs of Step 2A, the 2019 PEG flowchart is directed to Step 2B.
Per Step 2B, the additional elements and combinations therewith are examined in the claims to determine whether the claims as a whole amounts to significantly more than the judicial exception. It is noted here that the additional elements are to be considered both individually and as an ordered combination. In this case, the claims each at most comprise additional elements of: processor. Taken individually, the additional limitations each are generically recited and thus does not add significantly more to the respective limitations. Further, output a display image indicating one of (a) and (b) by a processor is mere instruction to apply an exception using a generic computer component which cannot provide an inventive concept in Step 2B (or, looking back to Step 2A, cannot integrate a judicial exception into a practical application). For further support, the Applicant’s specification supports the claims being directed to use of a generic computer/memory type structure at ¶0057 wherein “The schedule management unit 40 may be configured with at least one processor that uses a CPU and the like.” Taken as an ordered combination, the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the limitations are directed to limitations referenced in Alice Corp. that are not enough to qualify as significantly more when recited in a claim with an abstract idea include, as a non-limiting or non-exclusive examples: i. Adding the words "apply it" (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, e.g., a limitation indicating that a particular function such as creating and maintaining electronic records is performed by a computer, as discussed in Alice Corp., 134 S. Ct. at 2360, 110 USPQ2d at 1984 (see MPEP § 2106.05(f));
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ii. Simply appending well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, e.g., a claim to an abstract idea requiring no more than a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry, as discussed in Alice Corp., 134 S. Ct. at 2359-60, 110 USPQ2d at 1984 (see MPEP § 2106.05(d));
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iii. Adding insignificant extra-solution activity to the judicial exception, e.g., mere data gathering in conjunction with a law of nature or abstract idea such as a step of obtaining information about credit card transactions so that the information can be analyzed by an abstract mental process, as discussed in CyberSource v. Retail Decisions, Inc., 654 F.3d 1366, 1375, 99 USPQ2d 1690, 1694 (Fed. Cir. 2011) (see MPEP § 2106.05(g)); or
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v. Generally linking the use of the judicial exception to a particular technological environment or field of use, e.g., a claim describing how the abstract idea of hedging could be used in the commodities and energy markets, as discussed in Bilski v. Kappos, 561 U.S. 593, 595, 95 USPQ2d 1001, 1010 (2010) or a claim limiting the use of a mathematical formula to the petrochemical and oil-refining fields, as discussed in Parker v. Flook. The courts have recognized the following computer functions inter alia to be well-understood, routine, and conventional functions when they are claimed in a merely generic manner: performing repetitive calculations; receiving, processing, and storing data (e.g., the present claims); electronically scanning or extracting data; electronic recordkeeping; automating mental tasks (e.g., process/machine/manufacture for performing the present claims); and receiving or transmitting data (e.g., the present claims).
The dependent claims do not cure the above stated deficiencies, and in particular, the dependent claims further narrow the abstract idea without reciting additional elements that integrate the exception into a practical application of the exception or providing significantly more than the abstract idea. Since there are no elements or ordered combination of elements that amount to significantly more than the judicial exception, the claims are not eligible subject matter under 35 USC §101.
Thus, viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis 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.
(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 1-11, 13, and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pierson et al. (US 20220359064 A1) hereinafter referred to as Pierson.
Pierson teaches:
Claim 1. A medical procedure preparation system, comprising:
an input interface; a display; and at least one processor comprising hardware, the at least one processor configured to (¶0061 The mobile computing device 220 may be, for example, but not limited to a cellular telephone, a tablet, a laptop, a wearable device, etc. In an implementation, the mobile computing device 220 may be a group of communicatively coupled devices. Claimed subject matter is not limited to a particular type, category, size, etc. of computing device. Specific hardware components of the mobile computing device 220 are discussed in detail with regard to FIG. 30A. These components may include a processor 1010a, a memory 1020a, an input device 1030a, an output device 1040a, a location module 1050a, a transceiver 1070a, a camera 1080, and an asset tag reader 1090.):
receive an input containing (i) a medical procedure location where a medical procedure is performed, and (ii) a storage location where a medical device is stored (¶0114 Referring to FIG. 8, a schematic example of activity logs for a response scenario is shown. In an implementation, the activity log 780 may include logged information for one or more responders, one or more items of medical equipment, and/or one or more types of medical equipment. In the example of FIG. 8, three responders 810A, 810B, and 810C (e.g., responder 1, responder 2, and responder 3) are shown. Each of these three responders 810A, 810B, and 810C is associated with a respective mobile device, for example the mobile devices 820A, 820B, and 820C. These three responders are all associated with the emergency event 840. Responder A may take the navigation route 890A to the emergency event 840, responder B may take the navigation route 890B to the emergency event 840, and responder C may take the navigation route 890C to the emergency event 840. En route to the emergency event 840, responder 1 may obtain equipment A 830A and/or responder 2 may obtain equipment B 830B.);
calculate (iii) a distance between (i) the medical procedure location and (ii) the storage location (¶0012 The pre-determined response time may be based on the emergency response category. The distance traversed by the responder within the pre-determined response time may depend on a mode of transport for the responder. The mode of transport may be walking or driving and the distance traversed by the responder within the pre-determined response time may be based on an assumed average speed for the mode of transport. The distance traversed by the responder may include a distance from a current location of the responder to the at least one item of registered medical equipment and a distance from the at least one item of registered medical equipment to the location of the emergency event. The distance traversed by the responder may include a distance from an entryway to a facility that houses the at least one item of registered medical equipment to a storage location of the at least one item of registered medical equipment. The pre-determined response time may be 1-4 minutes. The distance traversed by the responder may be 0-400 meters. The medical equipment information may include user support information. ¶0121 In an implementation, when the location of the computing device 220 approximately matches the location of the selected medical equipment (e.g., the computing device 220 and the medical equipment 230 are co-located) and/or when the computing device 220 is within a pre-determined approach distance from the medical equipment 230 (e.g., within 1 m, 2 m, 5 m, 10 m, 25 m, 50 m, or 100 m), the software application 225 may automatically provide the equipment information window 731.);
calculate one of (a) a preparation start time of the medical device used in the medical procedure and (b) a performing time of the medical procedure using the medical device (¶0014 Implementations of one or more of the computer-implemented methods described herein may include one or more of the following features. The one or more methods may include providing an activity log to the first computing device, the activity log including time stamped activity information for the at least one registered responder and for the EMS agency. The one or more methods may include providing an interactive map to the first computing device. The interactive map may include a location indicator for at least one dispatched vehicle from the EMS agency responding to the emergency event. The one or more methods may include tracking a current location of the at least one dispatched vehicle, tracking a current location of the first computing device, and updating the current locations of the at least one dispatched vehicle and the first computing device on the interactive map. The one or more methods may include providing an indication of an estimated time of arrival of personnel from the EMS agency at the emergency event); and
output a display image indicating one of (a) and (b) to the display, wherein calculation one of (a) and (b) is based on (iii) the distance and (iv) a movement speed of a transport device (¶0010 The one or more methods may include receiving a confirmation of acquisition of the recommended item of registered medical equipment via the first computing device, and providing an indication on the interactive map that the recommended item of registered medical equipment has been acquired by the first registered responder. The one or more methods may include providing the plurality of navigable routes between the location of the recommended item of registered medical equipment and the location of the emergency event in response to the confirmation of acquisition of the recommended item of registered medical equipment. The one or more methods may include determining the plurality of first estimated travel times and the plurality of second estimated travel times based on an estimated average walking speed for a responder. The one or more methods may include prompting the first registered responder to indicate a mode of transport, and determining the plurality of first estimated travel times and the plurality of second estimated travel times based on the mode of transport. The mode of transport may include walking or driving. The one or more methods may include determining the plurality of first estimated travel times and the plurality of second estimated travel times based on an assumed speed associated with the mode of transport. The vicinity of the emergency event may include locations within a pre-determined distance from the emergency event based on the assumed speed associated with the mode of transport.).
Pierson teaches:
Claim 2. The medical procedure preparation system according to claim 1, wherein the at least one processor is further configured to: receive a medical chart information; determine the medical device used in the medical procedure based on the medical procedure; and wherein the medical chart information includes a type of the medical procedure to be performed on an examinee (¶0014 The one or more methods may include providing the end of event screen to one or more second computing devices associated with one or more additional registered responders en route to the emergency event. The one or more methods may include receiving a patient care record from the EMS agency for the emergency event, appending the patient care record with stored management system information for the emergency event based on activities of the at least one registered responder, and sending the appended patient care record to the EMS agency.).
Pierson teaches:
Claim 3. The medical procedure preparation system according to claim 1, wherein the display is configured to display the display image (¶0104 Referring again to FIG. 2A, once the registered responder 110 selects the proceed-to-equipment control 590, the method 200a proceeds from the stage 43 to stage 51. At the stage 51, the software application 225 may provide directions to the location of the selected medical equipment along with various instructions, prompts, and/or user selectable location indicators at the interactive map 410. These are discussed below with reference to examples of navigation and information features provided by the software application 225 as shown in FIGS. 6 and 7.).
Pierson teaches:
Claim 4. The medical procedure preparation system according to claim 1, wherein calculation one of (a) and (b) is further based on (vi) a location of the transport device that moves between (i) the medical procedure location and (ii) the storage location (¶0105 The interactive map 410 may provide the responder location as a responder navigation icon 620. The responder navigation icon 620 may indicate a position of the registered responder along a navigation path towards the selected medical equipment and/or towards the emergency event. The responder navigation icon 620 may differ in appearance from the responder location indicator 420. In an implementation, the responder location indicator 420 may represent a static responder location. The static responder location may correspond to a location without navigation mode of the application 225 for the registered responder corresponding to the responder location indicator 420.).
Pierson teaches:
Claim 5. The medical procedure preparation system according to claim 1, wherein the at least one processor is further configured to: generate a schedule of the medical procedure including (a) the preparation start time and (b) the performing time; wherein generating the schedule is based on one or more of (i) the medical procedure location, (ii) the storage location, (iv) the movement speed, (v) a location of the transport device, and (vi) a medical chart information, wherein (v) the location of the transport device that carries the medical device from (ii) the storage location to (i) the medical procedure location, wherein (vi) the medical chart information includes a type of the medical procedure to be performed on an examinee, and output the schedule to at least one of the examinee or a medical professional (¶0105 The static responder location may correspond to a location without navigation mode of the application 225 for the registered responder corresponding to the responder location indicator 420. In contrast, the responder navigation icon 620 may correspond to a dynamic, or evolving, responder location. The dynamic responder location may correspond to a navigation mode of the application 225. The application 225 may switch from the location without navigation mode to the navigation mode in response to a confirmation captured via one or more of the controls 490, 495, 590, 936, and 1110 as shown in FIGS. 4A, 4C, 5A, 9, and 11A. These buttons may enable the registered responder to confirm that he/she is proceeding to and/or arrived at the equipment and/or emergency event location ¶0110 One or more of the windows 725, 780, and 731 may include one or more of the timer 470, the directions icon 720, and the equipment information icon 730. Inclusion of the timer 470 with these various windows may cause the registered responder 110 to remain aware of the elapsed time from the emergency assistance request. Based on the elapsed time, the registered responder 110 may increase his/her speed in traversing the route to the medical equipment and/or the emergency event. Further, while viewing any one of the windows 725, 780, and 731, the registered responder 110 may readily switch to any other one of these windows based on the available access to the timer 470 and the icons 720 and 730. The totality of information available from the various window in FIG. 7 may enable the registered responder 110 to adjust his/her activities to improve the emergency response based on this information.).
Pierson teaches:
Claim 6. The medical procedure preparation system according to claim 5, wherein the display image comprises a first display image, and wherein the at least one processor is further configured to: output a second display image indicating the medical device that is already prepared and placed on the transport device (¶0105 The static responder location may correspond to a location without navigation mode of the application 225 for the registered responder corresponding to the responder location indicator 420. In contrast, the responder navigation icon 620 may correspond to a dynamic, or evolving, responder location. The dynamic responder location may correspond to a navigation mode of the application 225. The application 225 may switch from the location without navigation mode to the navigation mode in response to a confirmation captured via one or more of the controls 490, 495, 590, 936, and 1110 as shown in FIGS. 4A, 4C, 5A, 9, and 11A. These buttons may enable the registered responder to confirm that he/she is proceeding to and/or arrived at the equipment and/or emergency event location).
Pierson teaches:
Claim 7. The medical procedure preparation system according to claim 6, wherein the at least one processor is further configured to: switch the first display image and the second display image (¶0105 The static responder location may correspond to a location without navigation mode of the application 225 for the registered responder corresponding to the responder location indicator 420. In contrast, the responder navigation icon 620 may correspond to a dynamic, or evolving, responder location. The dynamic responder location may correspond to a navigation mode of the application 225. The application 225 may switch from the location without navigation mode to the navigation mode in response to a confirmation captured via one or more of the controls 490, 495, 590, 936, and 1110 as shown in FIGS. 4A, 4C, 5A, 9, and 11A. These buttons may enable the registered responder to confirm that he/she is proceeding to and/or arrived at the equipment and/or emergency event location.).
Pierson teaches:
Claim 8. The medical procedure preparation system according to claim 1, wherein the at least one processor is further configured to: calculate one of (c) an updated preparation start time of the medical device and (d) an updated performing time of the medical procedure, and wherein calculation one of (c) and (d) is based on (iii) the distance, (iv) the movement speed of the transport device, (v) a preparation status that is already prepared and placed on the transport device and (vi) a location of the transport device that moves between (i) the medical procedure location and (ii) the storage location (¶0115 when any one of these responders enters, changes, and/or confirms a status, the activity log 780 available to all of the responders associated with the emergency event 840 may automatically update to include the entered, changed, and/or confirmed status information. As another example, the software application 225 may determine a navigation status or equipment acquisition status for one or more of the responders. This status may be a current status and the software application 225 may include this determined status in the activity log 780. Further, the software application 225 may automatically update the activity log 780 in response to changes in the navigation status and/or equipment acquisition status for one or more of the registered responders.).
Pierson teaches:
Claim 9. The medical procedure preparation system according to claim 1, wherein the display image further indicates (i) the medical procedure location and (ii) the storage location (¶0114 Referring to FIG. 8, a schematic example of activity logs for a response scenario is shown. In an implementation, the activity log 780 may include logged information for one or more responders, one or more items of medical equipment, and/or one or more types of medical equipment. In the example of FIG. 8, three responders 810A, 810B, and 810C (e.g., responder 1, responder 2, and responder 3) are shown. Each of these three responders 810A, 810B, and 810C is associated with a respective mobile device, for example the mobile devices 820A, 820B, and 820C. These three responders are all associated with the emergency event 840).
Pierson teaches:
Claim 10. The medical procedure preparation system according to claim 1, wherein calculation one of (a) and (b) is further based on (v) a cleaning status of the medical device (¶0053 Medical and/or public safety equipment like automated external defibrillators (AEDs), drug overdose kits (e.g., NARCAN®), fire extinguishers, first aid kits, trauma kits, etc. may be publicly available and designed for ease of use without specialized training. In this way, a lay person, or a professional, may provide resuscitative care to the victim within minutes of an emergency event (e.g., a cardiac arrest, a drug overdose, a fire, an injury, etc.) and possibly prior to treatment by medical professionals and/or emergency medical services. However, in order to ensure that this equipment is ready for use and compliant with local regulations and/or manufacturer's guidelines, the medical equipment may require monitoring of operational status along with routine maintenance and/or inspection. Public safety equipment, emergency equipment, and/or hospital equipment may require monitoring, maintenance, and possibly inspections to ensure that the medical equipment is in working order at the time of use).
Pierson teaches:
Claim 11. The medical procedure preparation system according to claim 1, wherein calculation one of (a) and (b) is further based on a time of arrival of the medical device at (i) the medical procedure location (¶0006 One or more of the methods may include displaying a timer with the activity log. The timer may indicate an elapsed time between a current time and a time of receipt of the emergency event information from an emergency dispatch service. One or more of the methods may include automatically updating the activity log based on an update to the responder status information. The activity log may include a time-stamp for the responder status information. The responder status information may include current status information and historical status information).
Pierson teaches:
Claim 13. The medical procedure preparation system according to claim 1, wherein when the at least one processor is configured to calculate (a), calculation of (a) is further based on (b), and when the at least one processor is configured to calculate (b), calculation of (b) is further based on (a) (¶0115 the software application 225 may automatically provide status information for each member of a group of registered responders to each other member of the group of registered responders. The status information may include one or more of the response status (e.g., via the accept button 320 shown in FIG. 3), the navigation status (e.g., via one or more of the buttons 490, 495, 590, 936, and 1110 as shown in FIGS. 4A, 4C, 5A, 9, and 11) and/or the equipment acquisition status (e.g., via the equipment acquisition control 936 shown in FIG. 7). The equipment acquisition status may also provide a navigation status as acquisition of the emergency equipment may indicate that the registered responder has arrived at the registered medical equipment. The navigation status may further include an automatic update when the registered responder reaches the location of the emergency event as described below with regard to FIG. 10B. ¶0190 As an example, the equipment status may be a time availability of the equipment. The time availability refers to times of day that the equipment is available based on, for example, times at which a building or other structure that houses the medical equipment provides access to the equipment. As discussed below with regard to FIG. 24, an equipment registration process may prompt the user for time availability information.).
Pierson teaches:
Claim 15. The medical procedure preparation system according to claim 1, wherein calculation one of (a) and (b) is further based on a schedule of a doctor who performs the medical procedure (¶0056 The registered responder database may be a responder registry. This database may include identification and contact information for responders. The contact information may be contact information for the responder and a computing device associated with the responder (e.g., a cellular telephone number, an email address, an IP address, etc.). The database may include responder preferences with regard to types of emergencies, hours of availability, preferred locations, preferred equipment, etc.). The database may further include user certifications, verifications of certifications, qualifications for various medical situations, and information about equipment owned and/or in the responder's possession. ¶0134 The post-event survey window 1350 may enable the registered responder to provide information about the event. For example, the survey window 1350 may provide questions with response controls 1360. The survey window 1350 may also include fillable fields 1365 for event times and/or a fillable field 1370 for notes. The survey details provided in FIG. 13B pertain to CPR as an example only and questions/details about other types of emergency or medical treatment are within the scope of the disclosure. The notes may be for a doctor, EMS worker, nurse, and/or other personnel with access to the emergency event information.).
Pierson teaches:
Claim 16. The medical procedure preparation apparatus according to claim 1, wherein calculation one of (a) and (b) is further based on arrival/departure location information indicating an arrival/departure location of the medical device between (i) the medical procedure location and (ii) the storage location (¶0226 The ordering may depend on the travel time to the medical equipment and/or to the emergency event. In an implementation, the estimated travel times to the equipment and/or from the equipment to the emergency event may include time needed for a responder to locate the equipment within a storage location, e.g., an interior travel time. For example, if the medical equipment is located inside of a building, it will take the responder a certain amount of time to reach the equipment once they enter the building and then additional time to exit from the building. Thus, the management system 270 may estimate the amount of time to reach the equipment once the responder enters the facility and/or the equipment database may include a pre-determined time for use by the management system 270 in determining estimated travel times. In an implementation, the management system 270 may access an interior map of the storage location and estimate or determine the interior travel time based on the interior map. Although referred to as an “interior” map, the storage location may be indoors, outdoors, or a combination thereof. For example, the storage location may include a courtyard, balcony, and/or rooftop area and/or may be a facility such as a stadium, airport, shopping center, etc. that may include indoor and/or outdoor areas.).
Pierson teaches:
Claim 17. The medical procedure preparation system according to claim 1, further comprising: the transport device configured to the medical device from (ii) the storage location to (i) the medical procedure location (¶0226 the responder 110 may tap on a location indicator for the equipment and/or respond to a prompt to confirm that he/she has acquired an item of registered medical equipment. In an implementation, the management system 270 may determine the navigable routes between the equipment and the emergency event and/or the recommendations of the navigable routes in response to and/or based on the confirmation of acquisition of the registered medical equipment. In various implementations, the management system 270 may determine the estimated travel times based on a mode of transport of the responder. The management system 270 may use a default mode of transport and/or may prompt the responder to indicate the mode of transport and use the indicated mode of transport. The mode of transport may be, for example, but not limited to, walking or running or vehicular (e.g., driving, biking, public transportation, ambulance, fire truck, etc.). The management system 270 may estimate the travel times using an assumed, estimated, and/or default speed associated with the mode of transport.).
Pierson teaches:
Claim 18. The medical procedure preparation system according to claim 8, wherein the display image comprises a first display image, and wherein the at least one processor is further configured to: output a second display image indicating (c) the updated preparation start time to the display; and switch the first display image and the second display image (¶0115 the activity log 780 may provide information on activities of one or more of the responders involved with the emergency event 840. In the example of FIG. 8, the activity log 780 includes the activities for all of the responders 810A, 810B, and 810C. For example, when any one of these responders enters, changes, and/or confirms a status, the activity log 780 available to all of the responders associated with the emergency event 840 may automatically update to include the entered, changed, and/or confirmed status information. As another example, the software application 225 may determine a navigation status or equipment acquisition status for one or more of the responders. This status may be a current status and the software application 225 may include this determined status in the activity log 780. Further, the software application 225 may automatically update the activity log 780 in response to changes in the navigation status and/or equipment acquisition status for one or more of the registered responders.).
As per claims 19 and 20, the method and method tracks the system of claims 1 and 1, respectively, resulting in substantially similar limitations. The same cited prior art and rationale of claims 1 and 1 are applied to claims 19 and 20, respectively. Claim 20 has additional limitation as follows, however:
Pierson teaches:
receiving an input signal from an input interface (¶0068 A processor of the computing device 220 (e.g., the processor 1010a shown in FIG. 30A) may execute functions of the software application 225 to control an output device (e.g., the output device 1040a shown in FIG. 30A) and/or an input device (e.g., the input device 1030a shown in FIG. 30A) to provide information to and capture information from the registered responder 110. In an implementation, as illustrated for example in FIGS. 3-10, the software application 225 may provide and receive information via a graphical user interface (GUI) on a display screen. The display screen may be a touchscreen configured to function as both an input and an output device. Alternatively, or additionally, the software application 225 may provide and receive all or a portion of the information described with regard to FIGS. 2A-10 via other input and/or output devices which may include, for example, but not limited to, one or more of audio and/or haptic devices, a camera, a radio receiver and/or transmitter, etc.).
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 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 of this title, 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.
Claims 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Pierson et al. (US 20220359064 A1) hereinafter referred to as Pierson in view of Hirose et al. (US 20130297343 A1) hereinafter referred to as Hirose.
Pierson teaches:
Claim 12. The medical procedure preparation system according to claim 1, wherein the medical device comprises an endoscope (¶0220 The medical equipment may perform a self-test either automatically or upon user initiation. The medical device information may additionally or alternatively include software update and/or configuration information. In an implementation, the medical device information may be specific to the particular type of medical device. For example, the medical device information for an AED may include battery information, electrode pad information, and/or information for other consumable components. The medical device information for a drug delivery device may include a drug expiration date. The medical device information for a fire extinguisher may include inspection information such as a pressure gauge reading.).
Although not explicitly taught by Pierson, Hirose teaches in the analogous art of medical information management system and management apparatus:
wherein the medical device comprises an endoscope (¶0032 Accordingly, the management apparatus 50 is configured to perform processing for associating execution information with biological information based on the fact that a location where medical practice has been executed and a location where the monitor device 30 is arranged match each other. In the embodiment in FIG. 1, a situation is illustrated, in which the endoscope system 10 and the monitor device 30 are installed in the same examination room 2. The corresponding information holding unit 74 holds location information for specifying a location where medical practice is executed and identification information on a device installed in the location, by mapping them to each other).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the medical information management system and management apparatus of Hirose with the system for management of medical equipment and responders of Pierson for the following reasons:
(1) a finding that there was some teaching, suggestion, or motivation, either in the references themselves or in the knowledge generally available to one of ordinary skill in the art, to modify the reference or to combine reference teachings, e.g. Pierson ¶0004 teaches that it is desirable to have a system with access to appropriate and publicly available medical equipment which may enable these lay responders to provide the potentially life-saving care;
(2) a finding that there was reasonable expectation of success since the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference, e.g. Pierson Abstract teaches a system for managing responders acquiring medical equipment and responding to an emergency medical event includes mobile devices associated with responders, and Hirose Abstract teaches an information acquiring unit acquires state information on a state of a patient and a transmission unit transmits the patient identification information and the state information to a management apparatus; and
(3) whatever additional findings based on the Graham factual inquiries may be necessary, in view of the facts of the case under consideration, to explain a conclusion of obviousness, e.g. Pierson at least the above cited paragraphs, and Hirose at least the inclusively cited paragraphs.
Therefore, it would be obvious to one skilled in the art at the time of the invention to combine the medical information management system and management apparatus of Hirose with the system for management of medical equipment and responders of Pierson. The rationale to support a conclusion that the claim would have been obvious is that "a person of ordinary skill in the art would have been motivated to combine the prior art to achieve the claimed invention and whether there would have been a reasonable expectation of success in doing so." DyStar Textilfarben GmbH & Co. Deutschland KG v. C.H. Patrick Co., 464 F.3d 1356, 1360, 80 USPQ2d 1641, 1645 (Fed. Cir. 2006). See MPEP 2143(G).
Pierson teaches:
Claim 14. The medical procedure preparation system according to claim 1, wherein the at least one processor is further configured to: receive reservation conditions from an examinee; search a doctor matching the reservation conditions; search the medical device that the doctor is able to operate, and wherein calculation one of (a) and (b) is further based on the doctor matching (¶0008 The vicinity of the location of the emergency event may correspond to a distance of 0-400 meters from the emergency event. The one or more methods may include providing the emergency event information to a second computing device associated with a second registered responder, providing the interactive map to the second computing device associated with the second registered responder, the interactive map including an indicator of a current location of the second computing device, and receiving a selection from the second computing device of at least one second item of registered medical equipment via the selectable location indicators on the interactive map. The one or more methods may include providing the interactive map at the second computing device associated with the second registered responder and at the first computing device associated with the first registered responder. The interactive map may include indicators of updates to one or more of the navigation status for the first registered responder, a navigation status for the second registered responder, an equipment acquisition status for the first registered responder, and an equipment acquisition status for the second registered responder. The updates to one or more of the navigation status for the first registered responder and the navigation status for the second registered responder may include one or more of: updates to the current location of the first computing device, updates to the current location of the second computing device, an arrival by the first registered responder at the at least one first item of registered medical equipment, an arrival by the second registered responder at the at least one second item of registered medical equipment, an arrival by the first registered responder at the location of the emergency event, and an arrival by the second registered responder at the location of the emergency event.¶0121 In an implementation, when the location of the computing device 220 approximately matches the location of the selected medical equipment (e.g., the computing device 220 and the medical equipment 230 are co-located) and/or when the computing device 220 is within a pre-determined approach distance from the medical equipment 230 (e.g., within 1 m, 2 m, 5 m, 10 m, 25 m, 50 m, or 100 m), the software application 225 may automatically provide the equipment information window 731. ¶0122 Referring to FIG. 9, an example of an equipment acquisition control is shown. In an implementation, in addition to or as an alternative to the equipment information window 731, the software application 225 may provide an equipment acquisition control 936 at the interactive map for the registered responder to confirm acquisition of the medical equipment. The software application 225 may provide the equipment acquisition control 936 when the registered responder is co-located with the medical equipment 230. In the example of FIG. 9, the medical equipment location indicator 915 (e.g., a drop icon that may represent eye wash or chemical wash equipment/supplies) is proximate to the responder navigation icon 620. The software application 225 may determine that the location of the computing device 220 associated with the registered responder 110 approximately matches the location of the selected medical equipment when the tracked location of the computing device 220 is within a pre-determined distance from the location of the medical equipment. ¶0126 Referring again to FIG. 2A, with further reference to FIGS. 11A and 11B, at stage 71, the method 200a includes automatically providing an update that notifies one or more registered responders that at least one of the one or more registered responders has arrived at the emergency event location. The method 200a may arrive at the stage 71 either from the stage 55 (e.g., if the responder selected medical equipment at the stage 43) or from the stage 61 (e.g., if the responder declined medical equipment at the stage 43). As shown for example in FIG. 11A, when the registered responder 110 arrives at the emergency event location, the responder navigation icon 620 may be proximate to and/or overlap with the location indicator 423 for the location of the emergency event. The software application 225 may determine that the location of the computing device 220 associated with the registered responder 110 approximately matches the emergency event location when the tracked location of the mobile device is within a location measurement accuracy limit of the emergency event location.).
Although not explicitly taught by Pierson, Hirose teaches in the analogous art of medical information management system and management apparatus:
receive reservation conditions from an examinee; search a doctor matching the reservation conditions; search the medical device that the doctor is able to operate (¶0025 The endoscope system 10 includes an endoscope apparatus 12, a controller 14, a client apparatus 16, a display 18, and a transmission unit 20. An endoscopic examination is executed in accordance with an order for specifying patient identification information and an examination type, etc. The order specifies the content of medical practice including, in addition to an endoscopic examination, an examination of another type and an operation, and a doctor executes medical practice on the assumption that an order exists. The order is issued by a hospital information system (HIS) and managed by the management apparatus 50. Alternatively, the management apparatus 50 may acquire an order from the HIS. Alternatively, the management apparatus 50 may issue an order by taking charge of the function of issuing orders. Before the start of an endoscopic examination, patient identification information, such as the name and the ID number of a patient, and information, such as an examination type, the name of an examination room, a scheduled start time of the examination, and a scheduled end time thereof, which are included in an order, are displayed on the display 18 to be checked by a nurse or a doctor.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the medical information management system and management apparatus of Hirose with the system for management of medical equipment and responders of Pierson for the following reasons:
(1) a finding that there was some teaching, suggestion, or motivation, either in the references themselves or in the knowledge generally available to one of ordinary skill in the art, to modify the reference or to combine reference teachings, e.g. Pierson ¶0004 teaches that it is desirable to have a system with access to appropriate and publicly available medical equipment which may enable these lay responders to provide the potentially life-saving care;
(2) a finding that there was reasonable expectation of success since the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference, e.g. Pierson Abstract teaches a system for managing responders acquiring medical equipment and responding to an emergency medical event includes mobile devices associated with responders, and Hirose Abstract teaches an information acquiring unit acquires state information on a state of a patient and a transmission unit transmits the patient identification information and the state information to a management apparatus; and
(3) whatever additional findings based on the Graham factual inquiries may be necessary, in view of the facts of the case under consideration, to explain a conclusion of obviousness, e.g. Pierson at least the above cited paragraphs, and Hirose at least the inclusively cited paragraphs.
Therefore, it would be obvious to one skilled in the art at the time of the invention to combine the medical information management system and management apparatus of Hirose with the system for management of medical equipment and responders of Pierson. The rationale to support a conclusion that the claim would have been obvious is that "a person of ordinary skill in the art would have been motivated to combine the prior art to achieve the claimed invention and whether there would have been a reasonable expectation of success in doing so." DyStar Textilfarben GmbH & Co. Deutschland KG v. C.H. Patrick Co., 464 F.3d 1356, 1360, 80 USPQ2d 1641, 1645 (Fed. Cir. 2006). See MPEP 2143(G).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/KURTIS GILLS/Primary Examiner, Art Unit 3624