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 .
Acknowledgements
This communication is in response to Application No. 18/805,627 filed on 8/15/2024.
Claims 1-20 are currently pending and have been examined.
Claims 1-20 have been rejected as follows.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed on 1/23/2025.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/15/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 1, 11, 17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites a system for linking data points to a trend vie environment.
The limitations of A clinical monitoring system for determining trends across medical studies, comprising: at least one controller configured to: generate a plurality of links each link associating a corresponding data point (DP) of a plurality of data points (DPs) with a medical record of a plurality of medical records from which the corresponding data point (DP) was derived; render a medical viewing environment (VE) for a current diagnostic type, the medical viewing environment (VE) comprising at least one link associated with trend information; determine whether the at least one link associated with the trend information has been selected; open a trend environment comprising the trend information and having at least one trend graph comprising a plurality of corresponding datapoints (DPs) of the plurality of data points (DPs) when it is determined that the at least one link associated with the trend information has been selected; determine whether a data point (DP) of the plurality of data points (DPs) is selected in the trend graph; and render the medical record associated with the selected data point (DP) by a corresponding link of the plurality of links., as drafted, is a process that, under the broadest reasonable interpretation, covers certain methods of organizing human activity (i.e., managing personal behavior including following rules or instructions). The Examiner notes that certain “method[s] of organizing human activity” includes a person’s interaction with a computer (see MPEP 2106.04(a)(2)(II)). If a claim limitation, under its broadest reasonable interpretation, covers managing personal behavior or interactions between people but for the recitation of generic computer components, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Step 2A2
The claim further recites the two additional elements of render a viewing environment and render a medical record. Each of these rendering steps are recited at a high level of generality (i.e., as a general means of displaying data) and amounts to the mere displaying of data, which is a form of extra-solution activity. MPEP 2106.04(d)(I) indicates that extra-solution activity cannot provide a practical application. MPEP 2106.05(g) Insignificant Extra-Solution Activity indicates Selecting information, based on types of information and availability of information in a power-grid environment, for collection, analysis and display, Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350, 1354-55, 119 USPQ2d 1739, 1742 (Fed. Cir. 2016); as an example of Insignificant Extra-Solution Activity. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application. The claim is directed to an abstract idea.
Step 2B
Also, as discussed above with respect to integration of the abstract idea into a practical application, the additional elements of render a viewing environment and render a medical record were considered extra-solution activity. This has been re-evaluated under the “significantly more” analysis and determined to amount to adding insignificant extra-solution activity to the judicial exception. MPEP2106.05(I)(A); MPEP 2106.05(g) indicates that Insignificant Extra-Solution Activity cannot provide an inventive concept (“significantly more”). Accordingly, even in combination, this additional element does not provide significantly more. As such the claim is not patent eligible.
Dependent Claims
Claims 2-10, 12-16, 18-20 are similarly rejected because they either further define/narrow the abstract idea and/or do not further limit the claim to a practical application or provide as inventive concept such that the claims are subject matter eligible even when considered individually or as an ordered combination. Claim 2, 12 merely describes the viewing environment. Claims 3 merely describes the diagnostic type. Claim 4, 13, 5, 14 merely describes obtaining records. Claim 6, 7, 15, 16, 18, 19 merely describes extracting data points from records. Claim 8, 20 merely describes a reverse link. Claim 9 merely describes returning to a trend environment when the reverse link is selected.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(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.
Claims 1-7, 10-19 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Linthicum (US 20100131883)
CLAIM 1, 11
Linthicum teaches A clinical monitoring system for determining trends across medical studies, comprising: at least one controller configured to: (Linthicum para 129 teaches non-volatile memory, 134 teaches methods and systems and computer program products on any machine-readable media to implement functionality)
generate a plurality of links each link associating a corresponding data point (DP) of a plurality of data points (DPs) with a medical record of a plurality of medical records from which the corresponding data point (DP) was derived; (Linthicum para 30 teaches a trend graph with a data point being linked when the data point is clicked the original data source is displayed. Linthicum para 39 teaches Data sources can include x-ray, magnetic resonance image, ultrasound, patient history, insurance information, billing information. Para 40 teaches computed tomography.)
render a medical viewing environment (VE) for a current diagnostic type, the medical viewing environment (VE) comprising at least one link associated with trend information; (Linthicum para 30 teaches displaying an original data source linked to a datapoint on a trend graph)
determine whether the at least one link associated with the trend information has been selected; (Linthicum para 29-30 teaches determining clicking or positioning a cursor on a thumbnail trend view and when done so the full trend is available and also determining clicking or positioning a cursor on a full trend view and when done so the original data source is viewed)
open a trend environment comprising the trend information and having at least one trend graph comprising a plurality of corresponding datapoints (DPs) of the plurality of data points (DPs) when it is determined that the at least one link associated with the trend information has been selected; (Linthicum para 29 teaches a full trend view displayed when a mouse is clicked or similar cursor event occurs on a linked thumbnail view)
determine whether a data point (DP) of the plurality of data points (DPs) is selected in the trend graph; and (Linthicum para 30 teaches using determination of a mouse clicking or positioning of cursor on a data point on the graph in the full trend view)
render the medical record associated with the selected data point (DP) by a corresponding link of the plurality of links. (Linthicum para 30 teaches displaying an original data source of a data point on the trend graph by mouse clicking or positioning of cursor on a data point on the graph in the full trend view)
CLAIM 2, 12
Linthicum teaches wherein the current viewing environment comprises a diagnostic viewing environment (VE) or worklist/inbox (WI) viewing environment (VE) for a current diagnostic type. (Linthicum para 29 teaches a trend view. Para 109 teaches an example of diastolic blood pressure readings over time. Para 113 teaches a trend for a lab test. )
CLAIM 3
Linthicum teaches wherein the diagnostic type is selected from one of an Echocardiogram (ECG) scan, an Ultrasound scan, a Computed Tomography (CT) scan, […], and […]. (Linthicum para 39 teaches Data sources can include x-ray, magnetic resonance image, ultrasound, patient history, insurance information, billing information. Para 40 teaches computed tomography. Examiner notes additional limitations interpreted as optional due to claim language “selected from one of an .. and …”)
CLAIM 4, 13
Linthicum teaches wherein the at least one controller is further configured to obtain the plurality of medical records in accordance with system setting information (SSI) from an electronic medical record (EMR) database. (Linthicum para 95 teaches a data repository including EMR capability. Para 98 teaches forming a patient EMR providing support for storage, indexing, query/retrieval. Para 98-100 teach settings for retrieving medical record information. Para 39-44 teaches querying of data source to retrieve records in response to query. )
CLAIM 5, 14
Linthicum teaches the at least one controller is further configured to obtain the plurality of medical records associated with a selected patient. (Linthicum para 39 teaches retrieving data from data sources which include x-ray, magnetic resonance image, ultrasound, patient history, insurance information, billing information. Para 40 teaches computed tomography. )
CLAIM 6, 15, 18
Linthicum teaches wherein the at least one controller is further configured to extract the plurality of data points (DPs) from the plurality of medical records associated with the selected patient. (Linthicum para 49 teaches extracting relevant information from data sources. Para 113 teaches a trend view of last few recorded values from a lab test. Para 121 teaches data points on trend graph are from a data source such as for example a blood pressure reading from a patient examination report. )
CLAIM 7, 16, 19
Linthicum teaches wherein the at least one controller is further configured to extract each of the plurality of data points (DPs) over a period of time in accordance with the system setting information (SSI). (Linthicum para 109 teaches a trend of data over time. Para 121 teaches data points over time on a trend graph which is from a data source such as a blood pressure reading from a patient examination report. Para 98-100 teach settings for retrieving medical record information. Para 39-44 teaches querying of data source to retrieve records in response to query.)
CLAIM 10
wherein the at least one controller is further configured to determine whether hovering is performed over a data point (DP) of the plurality of data points (DPs) and render a value of the corresponding data point (DP) of the plurality of data points (DPs) when it is determined that hovering is performed over a data point (DP). (Linthicum para 114 teaches when a user positions a cursor (e.g., mouses over) any of these cells, a side panel is populated with more specific lab data as well as another graph that has range values on its axis)
CLAIM 17
Linthicum teaches A clinical monitoring system for determining trends across medical studies,
comprising: at least one controller configured to: (Linthicum para 129 teaches non-volatile memory, 134 teaches methods and systems and computer program products on any machine-readable media to implement functionality)
obtain a plurality of medical records corresponding to a patient in accordance with system setting information; (Linthicum para 95 teaches a data repository including EMR capability. Para 98 teaches a patient EMR providing support for storage, indexing, query/retrieval. Para 98-100 teach system settings for retrieving medical record information. Para 39-44 teaches querying of data source to retrieve records in response to query)
generate a plurality of links each link associating a corresponding data point (DP) of a plurality of data points (DPs) with a medical record of a plurality of medical records from which the corresponding data point (DP) was derived; (Linthicum para 30 teaches a trend graph with a data point being linked when the data point is clicked the original data source is displayed)
render a medical viewing environment (VE) for a current diagnostic type, the medical viewing environment (VE) comprising at least one link associated with trend information; (Linthicum para 30 teaches displaying an original data source associated with a datapoint on a trend graph)
determine whether the at least one link associated with the trend information has been selected; (Linthicum para 29-30 teaches determining clicking or positioning a cursor on a thumbnail trend view and when done so the full trend is available and also determining clicking or positioning a cursor on a full trend view and when done so the original data source is viewed)
open a trend environment comprising the trend information and having at least one trend graph comprising a plurality of corresponding datapoints (DPs) of the plurality of data points (DPs) when it is determined that the at least one link associated with the trend information has been selected; (Linthicum para 29 teaches a full trend view displayed when a mouse is clicked or similar cursor event occurs on a linked thumbnail view)
determine whether a data point (DP) of the plurality of data points (DPs) is selected in the trend graph; and (Linthicum para 30 teaches using determination of a mouse clicking or positioning of cursor on a data point on the graph in the full trend view)
render the medical record associated with the selected data point (DP) by a corresponding link of the plurality of links. (Linthicum para 30 teaches displaying an original data source of a data point on the trend graph by mouse clicking or positioning of cursor on a data point on the graph in the full trend view)
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.
Claims 8, 9, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Linthicum (US 20100131883) in view of Boloor (US 20150370979)
CLAIM 8, 20
Linthicum teaches wherein the at least one controller is further configured to include […] in the rendered medical record, […] the selected data point (DP) and the medical record from which the selected data point (DP) was derived.
Linthicum does not teach wherein the at least one controller is further configured to include a reverse link in the rendered medical record, the reverse link associating the selected data point (DP) and the medical record from which the selected data point (DP) was derived.
Boloor does teach wherein the at least one controller is further configured to include a reverse link in the rendered medical record, the reverse link associating the selected data point (DP) and the medical record from which the selected data point (DP) was derived. (Boloor para 55 teaches lab test values or medications that can be selected in order to show time-based trends of the lab values or medication amounts for the patient)
It would have been obvious to one or ordinary skill in the art, before the effective filing date of the claimed invention, to modify the associating of a trend view with a data point view as taught by Linthicum with a reverse link from data point to trend view as taught by Boloor. It would be beneficial for a data point to be linked to a trend view because it shows the most important points relevant to patient care as taught by Boloor para 2.
CLAIM 9
Linthicum teaches wherein the at least one controller is further configured to determine whether the […] link was selected, and […] environment when it is determined that the […] link was selected. (Linthicum para 29, 30 teaches determining clicking or positioning a cursor on a link and displaying a new environment afterwards )
Linthicum does not teach wherein the at least one controller is further configured to determine whether the reverse link was selected, and return to the trend environment when it is determined that the reverse link was selected.
Boloor does teach wherein the at least one controller is further configured to determine whether the reverse link was selected, and return to the trend environment when it is determined that the reverse link was selected. (Boloor para 55 teaches lab test values or medications that can be selected in order to show time-based trends of the lab values or medication amounts for the patient)
It would have been obvious to one or ordinary skill in the art, before the effective filing date of the claimed invention, to modify the associating of a trend view with a data point view as taught by Linthicum with a reverse link from data point to trend view as taught by Boloor. It would be beneficial for a data point to be linked to a trend view because it shows the most important points relevant to patient care as taught by Boloor para 2.
Prior Art Made of Record and Not Relied Upon
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20030233257 Matian
[2TABLE2] If a user selects a particular data point (event 130) on the trend chart, the details of the data will be displayed (event 140) in a pop-up window.
US 20120131507 Sparandara
[0094] In the example document view 1400 shown in FIG. 14, users can change the arrangement of images, use tools to manipulate images and/or other documents, and/or navigate back to the history view 1300, for example. Within the document view 1400, a user can close 1405 the document view 1400 and return to a history view 1410 (such as the history 1300 discussed above). The user can select a tool 1425 from a toolbar 1420 associated with the document view 1400 to manipulate an image 1430, for example. The user can interact with a document thumbnail 1440 via the document view 1400. For example, the user can click on or otherwise select 1442 the document thumbnail 1440 to view the actual document 1450 represented by the thumbnail or miniature representation 1440.
US 20130066903 Tymoshenko
[0032] Linkage-based features are extracted from Wikipedia, for example. A pairwiseLinkFeature, captures whether each of the entity pages p.sub.1 and p.sub.2 in Wikipedia point to the other. Additionally, the system captures section names in which a linkage occurs. For example, aspirin and headache are in a "may treat" relation. A link to an Aspirin page occurs in a Medications section of a Fever page, while a reverse link occurs in a Medical uses section of the Aspirin page.
US 20110298806 Rasmussen
[0035] In some such embodiments, a user elects to drill down (and back up, if desired) through layers of graphical representations of averages, to better understand certain average scores, ratings, as well as to better understand high or low scores, and their components.
Greenan, The complete guide to breadcrumbs, June 12, 2023
Section 1 teach UI breadcrumbs as a family of links which indicate current page and the pages that come before it.
Peltier, Chart Events in Microsoft Excel, October 31, 2014
Section Identify the Point Clicked By the User teaches identifying a point clicked by a user and jumping to an appropriate chart with the effect of drilling down into the data.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW KYLE TAPIA whose telephone number is (703)756-1662. The examiner can normally be reached 830 - 530.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mamon Obeid can be reached at (571) 270-1813. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.K.T./Examiner, Art Unit 3687
/MAMON OBEID/Supervisory Patent Examiner, Art Unit 3687