DETAILED ACTION
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 § 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 an
abstract idea without significantly more.
Step 1
Claims 1-20 are within the four statutory categories, however, as will be shown below, claims
1-20 are nonetheless unpatentable under 35 U.S.C. 101.
Claim 1 is representative of the inventive concept and recites:
Claim 1
A system for providing patient medical information, the system comprising:
a server system communicatively coupled with a plurality of data repositories via a data communication network, each data repository comprising patient medical information related to at least one dataset category, the server system configured to:
receive a request for medical information about a first patient;
parse the request to identify the first patient;
analyze the request to identify one or more dataset categories corresponding to the request; generate one or more queries based on the request, each query corresponding to an identified dataset category;
send each of the one or more queries to at least one of the plurality of data repositories comprising patient medical information related to the identified dataset category corresponding to the respective query;
receive a response to each of the one or more queries, each response including patient medical information about the first patient related to the identified dataset category corresponding to the respective query;
generate a response to the request for medical information about the first patient, the response comprising one or more of the received responses to each of the one or more queries;
and for each of the one or more of the received responses to each of the one or more queries included in the response to the request for medical information about the first patient, identify one of the plurality of data repositories as a data repository source of the patient medical information about the first patient included in the response to the request for medical information about the first patient.
*Claims 7, 13, 19, and 20 recite similar limitations as claim 1
Step 2A Prong One
The broadest reasonable interpretation of these steps includes mental processes because the
highlighted components can practically be performed by the human mind (in this case, the process of
analyzing, generating, and identifying) or using pen and paper. Other than reciting generic computer components/functions such as “a server system” and “data communication network system”, nothing in the claims precludes the highlighted portions from practically being performed in the mind. For example, in claim 1, but for the generic computer language, the claim encompasses the user determining where relevant patient data is stored. If a claim limitation, under its broadest reasonable interpretation, cover performance of the limitation in the mind but for the recitation of generic computer components/functions, then it falls within “Mental Processes” grouping of abstract ideas. Additionally, the mere nominal recitation of a generic computer does not take the claim limitation out of the mental process grouping. Thus, the claim recites a mental process. The recitation of generic computer components/functions of generating also covers behavioral or interactions between people (i.e. a computer), and/or managing personal behavior or relationships or interactions between people (i.e. social activities, teaching, and following rules or instructions – in this case a person is able to physically follow the steps to follow a plan), hence the claim falls under “Certain Methods of Organizing Human Activity”. The types of identified abstract ideas are considered together as a single abstract idea for analysis purposes.
Step 2A Prong Two
This judicial exception is no integrated into a practical application. In particular, the claims recite the
following additional limitations:
Claim 1 recites: “a server system communicatively coupled with a plurality of data repositories via a data communication network”, “receive a request for medical information about a first patient”, “receive a response to each of the one or more queries, each response including patient medical information about the first patient related to the identified dataset category corresponding to the respective query” and “send each of the one or more queries to at least one of the plurality of data repositories comprising patient medical information related to the identified dataset category corresponding to the respective query”.
In particular, the additional elements do no integrate the abstract idea into a practical application, other
than the abstract idea per se, because the additional elements amount to no more than limitations
which:
Amount to mere instructions to apply an exception (MPEP 2106.05(f)). The limitations
are recited as being performed by a “a server system communicatively coupled with a plurality of data repositories via a data communication network”. The system is recited at a high level of generality and amounts to no more than mere instructions to apply the exception using a generic computer.
Add insignificant extra-solution activity (MPEP 2106.05(g)) to the abstract idea such as the
recitation of “send each of the one or more queries to at least one of the plurality of data repositories comprising patient medical information related to the identified dataset category corresponding to the respective query”, “receive a request for medical information about a first patient”, and “receive a response to each of the one or more queries, each response including patient medical information about the first patient related to the identified dataset category corresponding to the respective query”
Dependent claims 2 and 3 recites server system, user system, and data communication network
Dependent claims 8, 9, 14, and 15 recite processor, user system, and data communication network
Dependent claims 4 and 5 recite server system
Dependent claims 10, 11, 16 and 17 recite processor
Dependent claims 6, 12, and 18 do not include any additional elements beyond those already
recited in independent claims 1, 7, 13, 19, and 20 or dependent claims 2-5, 6, 8-11, and 14-17, hence
do not integrate the aforementioned abstract idea into a practical application. Looking at the limitations
as an ordered combination adds nothing that is not already present when looking at the elements taken
individually. There is no indication that the combination of elements improves the functioning of a
computer or any other technology. Their collective function merely provides conventional computer
implementation and do not impose a meaningful limit to integrate the abstract idea into a practical
application.
Step 2B
Claims 1, 7, 13, 19, and 20 do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to discussion of integration of the abstract idea into a practical application, the additional elements: A system in claim 1; amount to no more than mere instructions to apply an exception to the abstract idea. Additionally, the additional limitations, other than the abstract idea per se amount to no more than limitations which amount to elements that have been recognized as well-understood, routine, and conventional activity in particular fields as demonstrated by the recitation of an additional element such as:
Sending data, which is the process of transmitting digital information from one device or system to another (TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 614, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016)) in a manner that would be well-understood, routine, and conventional.
Receiving data, which is the process of a device taking information from another device or a remote system (TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 614, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016)) in a manner that would be well-understood, routine, and conventional.
Dependent claims 6, 12, and 18 do not include any additional elements beyond those already addressed above for independent claims 1, 7, 13, 19, and 20 or dependent claims 2-5, 6, 8-11, and 14-17. Therefore, they are not deemed to be significantly more than the abstract idea because, as stated
above, the limitations of the aforementioned dependent claims amount to no more than generally
linking the abstract idea to a particular technological environment or field of use, and/or do not recite
and additional elements not already recited in independent claim 1, 7, 13, 19, and 20, hence does not amount to “significantly more” than the abstract idea. Thus, taken alone, the additional elements do not amount to significantly more than the abstract idea identified above. Furthermore, looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually, and there is no indication that the combination of elements improves the functioning of a computer or improves any other technology, and their collective function merely provide conventional computer implementation.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated
by Dettinger(US20110060757A1).
Claim 1
Dettinger discloses:
A system for providing patient medical information, the system comprising: a server system(Para 0028, Dettinger discloses a server computer) communicatively coupled with a plurality of data repositories(Para 0033, Dettinger discloses a data repository) via a data communication network(Para 0029, Dettinger discloses a data communications network), each data repository comprising patient medical information related to at least one dataset category(Para 0007, Dettinger discloses medical records related to the patient), the server system configured to: receive a request for medical information about a first patient(Figure 6, #610, Dettinger discloses a parse request for patient data); parse the request to identify the first patient(Para 0055, Dettinger discloses a process to identify an individual when a patient id is not provided); analyze the request to identify one or more dataset categories corresponding to the request(Figure 6, #620, Dettinger discloses analyzing the request to determine which data repositories should be polled); generate one or more queries based on the request, each query corresponding to an identified dataset category(Figure 1, Dettinger discloses querying multiple data nodes); send each of the one or more queries to at least one of the plurality of data repositories comprising patient medical information related to the identified dataset category corresponding to the respective query(Para 0070, Dettinger discloses polling multiple RHIOs simultaneously for patient data); receive a response to each of the one or more queries, each response including patient medical information about the first patient related to the identified dataset category corresponding to the respective query(Figure 7, Dettinger discloses the data locater receiving a response regarding patient medical information); generate a response to the request for medical information about the first patient, the response comprising one or more of the received responses to each of the one or more queries(Figure 7, Dettinger discloses the data locater receiving multiple responses regarding patient medical information); and for each of the one or more of the received responses to each of the one or more queries included in the response to the request for medical information about the first patient, identify one of the plurality of data repositories as a data repository source of the patient medical information about the first patient included in the response to the request for medical information about the first patient(Figure 4, Dettinger discloses a master index table which summarizes RHIO and availability of patient records).
Claim 2
Dettinger discloses:
The system of claim 1, wherein the server system is further configured to receive the request from a user system(Para 0047, Dettinger discloses a data locator, which can be a user system) via the data communication network.
Claim 3
Dettinger discloses:
The system of claim 2, wherein the server system is further configured to provide the response to the user system(Figure 7, Dettinger discloses the data locator receiving a response) via the data communication network.
Claim 4
Dettinger discloses:
The system of claim 1, wherein the server system is further configured to generate a summary report of the one or more of the received responses to each of the one or more queries(Figure 4, Dettinger discloses a master index, which can be considered a summary report).
Claim 5
Dettinger discloses:
The system of claim 1, wherein the server system is further configured to reformat one or more of the one or more received responses to each of the one or more queries into a common format(Figure 4, Dettinger discloses a master index which includes the responses in a standardized format).
Claim 6
Dettinger discloses:
The system of claim 5, wherein the common format comprises the patient medical information about the first patient related to the identified dataset category corresponding to the respective query(Figure 4, #405, Dettinger discloses what could be considered a dataset category) and the data repository source corresponding to said patient medical information(Figure 4, #440, Dettinger discloses RHIO ID which identifies data source).
Claims 7, 13, 19, and 20
Claims 7, 13, 19, and 20 recite similar limitations as claim 1. See claim 1 analysis.
Claims 8 and 14
Claims 8 and 14 recite similar limitations as claim 2. See claim 2 analysis.
Claims 9 and 15
Claims 9 and 15 recite similar limitations as claim 3. See claim 3 analysis.
Claims 10 and 16
Claims 10 and 16 recite similar limitations as claim 4. See claim 4 analysis.
Claims 11 and 17
Claims 11 and 17 recite similar limitations as claim 5. See claim 5 analysis.
Claims 12 and 18
Claims 12 and 18 recite similar limitations as claim 6. See claim 6 analysis.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kleinloog(US20230197288A1) discloses a healthcare system for providing medical insights. Some disclosures of this invention are similar to that of this instant pending application.
Reicher(US10790057B2) discloses a system and method for retrieval of medical data. Some disclosures of this invention are similar to that of this instant pending application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHERYL GOPAL PATEL whose telephone number is (703)756-1990. The examiner can normally be reached Monday - Friday 5:30am to 2:30pm PST.
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/S.G.P./Examiner, Art Unit 3685
/KAMBIZ ABDI/Supervisory Patent Examiner, Art Unit 3685