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 .
Status of Claims
This office action for the 18/801050 application is in response to the communications filed December 05, 2025.
Claim 1 was amended December 05, 2025.
Claim 7 was added as new December 05, 2025
Claims 1-7 are currently pending and considered below.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 1-4, 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Qian et al. (US 2012/0035963; herein referred to as Qian) in view of Duma (US 2012/0179908) in further view of Haulund (US 2013/0173915).
As per claim 1,
A scanning device for accessing a diagnostic image associated with a hardcopy diagnostic imaging report, comprising: a camera; a barcode reader application configured to: scan a barcode in the hardcopy diagnostic imaging report using the camera; and extract a file path embedded in the scanned barcode, wherein the file path is a file path to the diagnostic image, the diagnostic image being a DICOM persistent object; a network connectivity interface configured to access the diagnostic image at the extracted file path; and a display configured to display the content of the extracted file path, wherein the content comprises the diagnostic image.
Qian teaches accessing a diagnostic image associated with a diagnostic imaging report in a file path, wherein the file path is a file path to the diagnostic image, the diagnostic image being a DICOM persistent object:
(Paragraphs [0015]-[0017] and [0020] of Qian. The teaching describes an image database, construed as a DICOM server, which receives and stores image data including x-rays, CT scans, PET scans and other images that are in the DICOM format. Here the storing of DICOM images is being construed as associating the diagnostic image with an original file path as a file path would need to be assigned to the file to store it in a database. The teaching describes that a radiologist would be generating a report that contains patient information and other patient data. It would have been obvious to one of ordinary skill in the art before the time of filing that the radiologist would only be able to access this information through the proper credentials and permissions required by HIPPA compliant systems such as the DICOM server described here in Qian. The teaching describes that the report would include links to original image data. Here this image data would comprise both a historic and current set of images of the patient condition so the physician would be able to see how the patient condition has progressed to the present. The teaching describes that a report is generated based on the diagnostic images and included in the report is a web link to the original images used in the study. The report also contains textual diagnostic information related to the image study such as patient name and identification, and the nature of the diagnostic study)
Qian further teaches
Qian does not explicitly teach wherein the access to the diagnostic imaging report comprises scanning a barcode comprising an embedded file path to the stored diagnostic image.
However, Duma teaches a scanning device for accessing a diagnostic image associated with a hardcopy, comprising: a camera and a barcode reader, scan a barcode in the hardcopy using the camera and extract a file path embedded in the scanned barcode, wherein the file path is a file path to the diagnostic image, the diagnostic image being a DICOM persistent object:
(Paragraphs [0042], [0049], [0055], [0116] and [0117] of Duma. The teaching describes scanning software and scanning devices are broad terms and are to be given their ordinary and customary meanings to a person of ordinary skill in the art (i.e., it is not to be limited to a special or customized meaning) and includes, without limitation, cameras, scanners, portable electronic devices equipped with a camera or scanner, computing systems connected to or with the ability to connect to a camera or scanner, computer programs or software modules configured to scan, read, and/or decrypt a bar code, or any other computing device that may be configured to scan, read, and/or decrypt a bar code. A secure portable reference in the form of a bar code as described above may further include linking the bar code number to a patient ID or a number corresponding to a medical image in an MDR. In such an embodiment, when the bar code is scanned the particular patient record, or the particular medical image, may be accessed directly. Portable storage media 101 can be any medium that allows a user to transport and access digital information quickly and easily. Examples of such media include, for example, a USB thumb drive, a flash memory card, a CD or DVD-ROM, a cell phone or mobile device, a magnetic card strip similar to a credit card, and paper printed with a bar code. When the bar code is scanned the particular patient record, or the particular medical image, may be accessed directly. The data transferred can be in any format, including DICOM images, records, and studies.)
It would have been obvious to one of ordinary skill in the art before the time of filing to supplement the diagnostic imaging report link in Qian with the hardcopy barcode teachings of Duma. One having ordinary skill in the art at the time the invention was filed would recognize the benefit of adding the barcode of Duma to the report having a URL of Qian in order to provide an easily accessible way to access the originally stored files from a printed or non-networked source. One having ordinary skill in the art would have supplemented the link in Qian with the barcode teachings of Duma based on this incentive without yielding unexpected results.
The combined teaching of Qian and Duma would have then taught a scanning device for accessing a diagnostic image associated with a hardcopy diagnostic imaging report, comprising: a camera; a barcode reader application configured to: scan a barcode in the hardcopy diagnostic imaging report using the camera; and extract a file path embedded in the scanned barcode, wherein the file path is a file path to the diagnostic image, the diagnostic image being a DICOM persistent object:
(Paragraphs [0015]-[0017] and [0020] of Qian. The teaching describes an image database, construed as a DICOM server, which receives and stores image data including x-rays, CT scans, PET scans and other images that are in the DICOM format. Here the storing of DICOM images is being construed as associating the diagnostic image with an original file path as a file path would need to be assigned to the file to store it in a database. The teaching describes that a radiologist would be generating a report that contains patient information and other patient data. It would have been obvious to one of ordinary skill in the art before the time of filing that the radiologist would only be able to access this information through the proper credentials and permissions required by HIPPA compliant systems such as the DICOM server described here in Qian. The teaching describes that the report would include links to original image data. Here this image data would comprise both a historic and current set of images of the patient condition so the physician would be able to see how the patient condition has progressed to the present. The teaching describes that a report is generated based on the diagnostic images and included in the report is a web link to the original images used in the study. The report also contains textual diagnostic information related to the image study such as patient name and identification, and the nature of the diagnostic study)
(Paragraphs [0042], [0049], [0055], [0116] and [0117] of Duma. The teaching describes scanning software and scanning devices are broad terms and are to be given their ordinary and customary meanings to a person of ordinary skill in the art (i.e., it is not to be limited to a special or customized meaning) and includes, without limitation, cameras, scanners, portable electronic devices equipped with a camera or scanner, computing systems connected to or with the ability to connect to a camera or scanner, computer programs or software modules configured to scan, read, and/or decrypt a bar code, or any other computing device that may be configured to scan, read, and/or decrypt a bar code. A secure portable reference in the form of a bar code as described above may further include linking the bar code number to a patient ID or a number corresponding to a medical image in an MDR. In such an embodiment, when the bar code is scanned the particular patient record, or the particular medical image, may be accessed directly. Portable storage media 101 can be any medium that allows a user to transport and access digital information quickly and easily. Examples of such media include, for example, a USB thumb drive, a flash memory card, a CD or DVD-ROM, a cell phone or mobile device, a magnetic card strip similar to a credit card, and paper printed with a bar code. When the bar code is scanned the particular patient record, or the particular medical image, may be accessed directly. The data transferred can be in any format, including DICOM images, records, and studies.)
Duma further teaches a network connectivity interface configured to access the diagnostic image at the extracted file path:
(Paragraph [0052] of Duma. The teaching describes the MDR generates one PIN, and the user generates another separate PIN that is not transferred to the MDR. The MDR's PIN is stored inside the encrypted information in the secure portable reference, and the user's PIN is never recorded. Instead, the user's PIN is only used to decrypt the information in the secure portable reference. The MDR's PIN that is stored in the secure portable reference is used as the PIN to access the network resource.)
The combined teaching of Qian and Duma does not explicitly teach a display configured to display the content of the extracted file path, wherein the content comprises the diagnostic image.
However Haulund teaches scanning a barcode that encodes a URL link to digital information and authentication information for the user to gain access to the digital content and view the data on the display of the scanning device:
(Paragraph [0035] and Figure 2 of Haulund. The teaching describes that a QR code has a URL to access a server embedded into it. The session ID and URL to gain access to the content from the server is encrypted with a PKI key so as to only permit those with the key to authenticate themselves. When the user scans the QR code with a smartphone device, the user us authenticated by the PKI key and the user is then automatically redirected in the web browser to the server content. This demonstrates displaying digital content on the display of the scanning device.)
It would have been obvious to one of ordinary skill in the before the time of filing to add to the combined teaching of Qian and Duma, the security teachings of Haulund. Both the combined teaching of Qian and Duma and the teaching of Haulund are directed to the same field of encoding URLs into barcodes. All of the claimed features are taught by the prior art though in separate references. The prior art would have performed the same together as they would apart. Accordingly, it would have been obvious to combine the barcode features of the combined teaching of Qian and Duma with the secure barcode teachings of Haulund in the effort to make an improved system. One of ordinary skill in the art would have added to the combined teaching of Qian and Duma the teaching of Haulund based on this rationale without yielding unexpected results.
As per claim 2,
The combined teaching of Qian, Duma and Haulund teaches the limitations of claim 1.
Duma further teaches wherein: the extracted file path is a URL; the barcode is a QR code; and wherein the URL is automatically loaded on a web browser of the scanning device when the URL is extracted:
(Paragraphs [0017], [0041] and [0065] of Duma. The teaching describes that medical information is provided in an encrypted set of data including a link URL. This portable reference may also be in the form of a bar code. This bar code specifically takes the form of a QR code. The linking module 203 consists of software that either opens up a web browser (such as, for example, Internet Explorer, Firefox, Safari, or Google Chrome) or other network resource consuming application that already exists on a client computer, or comprises a browsing application itself.)
As per claim 3,
The combined teaching of Qian, Duma and Haulund teaches the limitations of claim 2.
Duma further teaches wherein the DICOM persistent object is retrieved from a DICOM server that receives and stores diagnostic image and diagnostic information received from an imaging facility based on an imaging study associated with the hardcopy diagnostic imaging report:
(Paragraph [0068] of Duma. The teaching describes that application server 315 is controlled by the MDR 104, or any other entity affiliated with the MDR 104. It contains a processor 310 for running program instructions, a database 311 to temporarily store information from the database server 309, a display 312 to configure the application server by administrators, a security module 313 for authenticating and authorizing the secure portable reference, and a medical data viewing program 314. Only the processor 310 and security module 313 are necessary components for the application server 315 to carry out its desired function, and the security module may be move to or combined with any system in the MDR that carries out the security function.)
As per claim 4,
The combined teaching of Qian, Duma and Haulund teaches the limitations of claim 3.
wherein the barcode reader application is further configured to extract from the barcode embedded URL access information for accessing the diagnostic image at the URL:
(Paragraphs [0013] and [0017] of Duma. The teaching describes an MDR may give out a specific URL for a doctor to use to gain access. When Qian is seen in this light, the original file path of the server can be classified by a URL as taught by Duma. The teaching describes that medical information is provided in an encrypted set of data including a link URL. This portable reference may also be in the form of a bar code. )
As per claim 6,
The combined teaching of Qian, Duma and Haulund teaches the limitations of claim 4.
The combined teaching of Qian, Duma and Haulund wherein the barcode reader application further comprises a DICOM reader configured to display the diagnostic image stored at the URL:
(Paragraphs [0013] and [0017] of Duma. The teaching describes an MDR may give out a specific URL for a doctor to use to gain access. When Qian is seen in this light, the original file path of the server can be classified by a URL as taught by Duma. The teaching describes that medical information is provided in an encrypted set of data including a link URL. This portable reference may also be in the form of a bar code. )
(Paragraph [0035] and Figure 2 of Haulund. The teaching describes that a QR code has a URL to access a server embedded into it. The session ID and URL to gain access to the content from the server is encrypted with a PKI key so as to only permit those with the key to authenticate themselves. When the user scans the QR code with a smartphone device, the user us authenticated by the PKI key and the user is then automatically redirected in the web browser to the server content. This demonstrates displaying digital content on the display of the scanning device.)
As per claim 7,
The combined teaching of Qian, Duma and Haulund teaches the limitations of claim 3.
Qian and Duma further teaches wherein the hardcopy diagnostic imaging report was generated by the DICOM server based on diagnostic input parameters relating to diagnostic information of an imaging study; and wherein the barcode in the hardcopy diagnostic imaging report was inserted by the DICOM server and comprises the embedded file path to the DICOM persistent object stored on the DICOM server:
(Paragraphs [0015]-[0017] and [0020] of Qian. The teaching describes an image database, construed as a DICOM server, which receives and stores image data including x-rays, CT scans, PET scans and other images that are in the DICOM format. Here the storing of DICOM images is being construed as associating the diagnostic image with an original file path as a file path would need to be assigned to the file to store it in a database. The teaching describes that a radiologist would be generating a report that contains patient information and other patient data. It would have been obvious to one of ordinary skill in the art before the time of filing that the radiologist would only be able to access this information through the proper credentials and permissions required by HIPPA compliant systems such as the DICOM server described here in Qian. The teaching describes that the report would include links to original image data. Here this image data would comprise both a historic and current set of images of the patient condition so the physician would be able to see how the patient condition has progressed to the present. The teaching describes that a report is generated based on the diagnostic images and included in the report is a web link to the original images used in the study. The report also contains textual diagnostic information related to the image study such as patient name and identification, and the nature of the diagnostic study)
(Paragraphs [0042], [0049], [0055], [0116] and [0117] of Duma. The teaching describes scanning software and scanning devices are broad terms and are to be given their ordinary and customary meanings to a person of ordinary skill in the art (i.e., it is not to be limited to a special or customized meaning) and includes, without limitation, cameras, scanners, portable electronic devices equipped with a camera or scanner, computing systems connected to or with the ability to connect to a camera or scanner, computer programs or software modules configured to scan, read, and/or decrypt a bar code, or any other computing device that may be configured to scan, read, and/or decrypt a bar code. A secure portable reference in the form of a bar code as described above may further include linking the bar code number to a patient ID or a number corresponding to a medical image in an MDR. In such an embodiment, when the bar code is scanned the particular patient record, or the particular medical image, may be accessed directly. Portable storage media 101 can be any medium that allows a user to transport and access digital information quickly and easily. Examples of such media include, for example, a USB thumb drive, a flash memory card, a CD or DVD-ROM, a cell phone or mobile device, a magnetic card strip similar to a credit card, and paper printed with a bar code. When the bar code is scanned the particular patient record, or the particular medical image, may be accessed directly. The data transferred can be in any format, including DICOM images, records, and studies.)
(Paragraph [0068] of Duma. The teaching describes that application server 315 is controlled by the MDR 104, or any other entity affiliated with the MDR 104. It contains a processor 310 for running program instructions, a database 311 to temporarily store information from the database server 309, a display 312 to configure the application server by administrators, a security module 313 for authenticating and authorizing the secure portable reference, and a medical data viewing program 314. Only the processor 310 and security module 313 are necessary components for the application server 315 to carry out its desired function, and the security module may be move to or combined with any system in the MDR that carries out the security function.)
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Qian, Duma and Haulund in further view of Shipley et al. (US 2012/0316948; herein referred to as Shipley).
As per claim 5,
The combined teaching of Qian, Duma and Haulund teaches the limitations of claim 4.
Duma further teaches by applying predefined rules based on Web Access to DICOM persistent objects:
(Paragraphs [0013] and [0017] of Duma. The teaching describes an MDR may give out a specific URL for a doctor to use to gain access. When Qian is seen in this light, the original file path of the server can be classified by a URL as taught by Duma. The teaching describes that medical information is provided in an encrypted set of data including a link URL. This portable reference may also be in the form of a bar code. )
The combined teaching of Qian, Duma and Haulund does not explicitly teach wherein the embedded file path is a shortened URL constructed from an original URL.
However Shipley teaches that a barcode may link to a URL such as a shortened URL:
(Paragraphs [0040] and [0041] of Shipley. The teaching describes that when a user scans a QR code, the system determines a URL appropriate to redirect the user to a promotional advertisement.)
It would have been obvious to one of ordinary skill in the art to modify the URL of the combined teaching of Qian, Duma and Haulund to include a shortened URL like that in Shipley. One having ordinary skill in the art would have known that that a shortened URL is less cumbersome to reproduce in print or coded form. One having ordinary skill in the art would have modified the combined teaching of Qian, Duma and Haulund with Shipley based on this incentive without yielding unexpected results.
Response to Arguments
Applicant's arguments filed December 05, 2025 have been fully considered.
Applicant’s arguments pertaining to rejections made under 35 U.S.C. 103 are rendered moot in light of the new combination of references used in the current rejection.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAD A NEWTON whose telephone number is (313)446-6604. The examiner can normally be reached M-F 8:00AM-4:00PM (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, PETER H. CHOI can be reached at (469) 295-9171. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHAD A NEWTON/Primary Examiner, Art Unit 3681