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 the Application
Claims 1-3, 5-10, and 13-17 are currently pending in this case and have been examined and addressed below. This communication is a Final Rejection in response to the Amendments to the Claims and Remarks filed on 12/25/2025.
Claims 1-3, 5-10, and 13-17 are currently amended.
Claims 4, 11-12, and 18 are cancelled.
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 1-3, 5-10, and 13-17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., an abstract idea) without significantly more.
Step 1: Claims 1-3, 5-10, and 13 are drawn to a machine. Claims 14-17 are drawn to a process. As such, claims 1-3, 5-10, and 13-17 are drawn to one of the statutory categories of invention (Step 1: YES).
Step 2A - Prong One: In prong one of step 2A, the claim(s) is/are analyzed to evaluate whether it/they recite(s) a judicial exception.
Independent Claim 1: A medical data transmission system for transmitting and receiving medical data, the system comprising:
a user terminal configured to collect first user medical data and transmit first user identification information;
and a data reception device configured to identify a first user based on the first user identification information received from the user terminal, receive specific data among the first user medical data collected from the user terminal, and output the specific data, wherein:
the data reception device is configured to determine the specific data based on decision element information;
the data reception device is configured to request the determined specific data from the user terminal when the user terminal and the data reception device are connected with one another;
and the decision element information includes the first user identification information, diagnostic information of the first user, identification information on a medical staff using the data reception device, information on a medical institution providing medical services, and medical data request information additionally requested by a specific medical staff and a specific medical institution among the first user medical data.
Independent Claim 14: A medical data transmission method for transmitting and receiving user medical data, the method comprising:
by a user terminal, communicating with a data reception device and collecting first user medical data;
by the data reception device, identifying the user terminal and a first user and receiving specific data among the first user medical data collected from the user terminal;
and outputting, by the data reception device, the specific data, wherein:
the data reception device is configured to determine the specific data based on decision element information;
the data reception device is configured to request the determined specific data from the user terminal when the user terminal and the data reception device are connected with one another;
and the decision element information includes first user identification information, diagnostic information of the first user, identification information on a medical staff using the data reception device, information on a medical institution providing medical services, and medical data request information additionally requested by a specific medical staff and a specific medical institution among the first user medical data.
(Examiner notes: The above claim terms underlined are additional elements that fall under Step 2A - Prong Two analysis section detailed below)
These steps amount to methods of organizing human activity which includes functions relating to interpersonal and intrapersonal activities, such as managing relationships or transactions between people, social activities, and human behavior; satisfying or avoiding a legal obligation; advertising, marketing, and sales activities or behaviors; and managing human mental activity (MPEP § 2106.04(a)(2)(II)(C) citing the abstract idea grouping for methods of organizing human activity for managing personal behavior or relationships or interactions between people). Therefore, collecting first user medical data, identifying a first user based on the first user identification, receiving specific data, outputting the specific data, determining the specific data based on decision element information, and requesting the determined specific data are directed to managing personal interactions or personal behavior.
The dependent claim 2 is directed to the first user identification information includes personal information comprising at least one of age, gender, name of the first user, or any combination thereof.
The dependent claim 3 is directed to the first user medical data includes health information comprising at least one of blood pressure, body temperature, oxygen saturation, and heart rate, and blood sugar measurement information comprising at least one of maximum blood sugar, minimum blood sugar, average blood sugar, fasting blood sugar, specific time blood sugar information, pre-meal blood sugar information, post-meal blood sugar information, pre- and post-exercise blood sugar information, a blood sugar graph according to a blood sugar monitoring method of the first user, or any combination thereof.
The dependent claim 5 is directed to when the diagnostic information is average blood sugar monitoring required, the specific data includes at least one of maximum blood sugar, minimum blood sugar, average blood sugar, a blood sugar graph among blood sugar measurement information of the first user, or a combination thereof.
The dependent claim 6 is directed to when the diagnostic information is specific time blood sugar monitoring required, the specific data includes at least one of fasting blood sugar, blood sugar information at a specific time, pre-meal blood sugar information, post-meal blood sugar information, pre- and post-exercise blood sugar information among blood sugar measurement information of the first user, or any combination thereof.
The dependent claim 7 is directed to when the diagnostic information is blood pressure or body temperature monitoring required, the specific data includes at least one information of blood pressure, body temperature, oxygen saturation, heart rate among health information of the first user, or any combination thereof.
The dependent claim 8 is directed to update the specific data based on additional diagnostic information of the first user.
The dependent claim 9 is directed to when a distance is within a predetermined distance, identify the first user.
The dependent claim 10 is directed to the first user medical data and specific data are different from each other.
The dependent claim 13 is directed to measure first user medical data, measure blood sugar information of the first user, and generate data.
The dependent claim 15 is directed to when diagnostic information is average blood sugar monitoring required, the specific data is determined based on diagnostic information corresponding to the first user identification information, and wherein the specific data includes at least one of maximum blood sugar, minimum blood sugar, average blood sugar, a blood sugar graph among blood sugar measurement information of the first user, or any combination thereof.
The dependent claim 16 is directed to when diagnostic information is specific time blood sugar monitoring required, the specific data is determined based on diagnostic information corresponding to the first user identification information, and wherein the specific data includes at least one of fasting blood sugar, specific time blood sugar information, pre-meal blood sugar information, post-meal blood sugar information, pre- and post-exercise blood sugar information of the first user, or any combination thereof.
The dependent claim 17 is directed to updating the specific data based on additional diagnostic information of the first user.
Each of these steps of the preceding dependent claims 2-3, 5-10, 13, and 15-17 only serve to further limit or specify the features of independent claims 1 and 14 accordingly, and hence are nonetheless directed towards fundamentally the same abstract idea as the independent claim and utilize the additional elements analyzed below in the expected manner.
As such, the Examiner concludes that the preceding claims recite an abstract idea (Step 2A – Prong One: YES).
Step 2A - Prong Two: In prong two of step 2A, an evaluation is made whether a claim recites any additional element, or combination of additional elements, that integrate the exception into a practical application of that exception. An “additional element” is an element that is recited in the claim in addition to (beyond) the judicial exception (i.e., an element/limitation that sets forth an abstract idea is not an additional element). The phrase “integration into a practical application” is defined as requiring an additional element or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that it is more than a drafting effort designed to monopolize the exception.
Claims 1 and 14 recite the use of a user terminal, in this case to collect first user medical data, only recites the user terminal as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2)).
Claims 1, 8-9, 14, and 17 recite the use of a data reception device, in this case to identify a first user based on the first user identification information, receive specific data, output specific data, determine specific data based on decision element information, request the determined specific data, update the specific data, only recites the data reception device as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2)).
Claim 9 recites the use of a data reception device is configured to communicate with the user terminal using any one of QR authentication, Wi-Fi, Bluetooth, P2P, NFC, or RFID, in this case to , only recites the data reception device is configured to communicate with the user terminal using any one of QR authentication, Wi-Fi, Bluetooth, P2P, NFC, or RFID as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2)).
Claim 10 recites the use of a server connected to the user terminal and user terminal is configured to transmit the first user medical data to the server, only recites the server connected to the user terminal and user terminal is configured to transmit the first user medical data to the server as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2)).
Claim 13 recites the use of a blood sugar measurement device configured to transmit the first user medical data to the user terminal, in this case to measure the first user medical data. The claim also recites the use a communication part for communicating with the user terminal. Additionally, claim 13 recites the use of a blood sugar measurement part, in this case to measure blood sugar information. Furthermore, the claim recites the use of a data generation part, in this case to generate data. The blood sugar measurement device, communication part, blood sugar measurement part, and the data generation part are only recited as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2).
Claim 14 recites the use of an user terminal, communicating with a data reception device, only as a tool to perform an existing process and only amounts to an instruction to implement the abstract idea using a computer (MPEP § 2106.05(f)(2)).
The Examiner has therefore determined that the additional elements, or combination of additional elements, do not integrate the abstract idea into a practical application. Accordingly, the claim(s) is/are directed to an abstract idea (Step 2A – Prong two: NO).
Step 2B: In step 2B, the claims are analyzed to determine whether any additional element, or combination of additional elements, is/are sufficient to ensure that the claims amount to significantly more than the judicial exception.
As discussed above in “Step 2A – Prong 2”, the identified additional elements, such as the user terminal, data reception device, data reception device is configured to communicate with the user terminal using any one of QR authentication, Wi-Fi, Bluetooth, P2P, NFC, or RFID, server connected to the user terminal, user terminal is configured to transmit the first user medical data to the server, blood sugar measurement device configured to transmit the first user medical data to the user terminal, communication part for communicating with the user terminal, blood sugar measurement part, data generation part, and user terminal communicating with a data reception device in independent claims 1 and 14 and dependent claims 2-3, 5-10, 13, and 15-17 are equivalent to adding the words “apply it” on a generic computer. Each of these elements is only recited as a tool for performing steps of the abstract idea, such as the use of the computer and data processing devices to apply the algorithm. These additional elements therefore only amount to mere instructions to perform the abstract idea using a computer and are not sufficient to amount to significantly more than the abstract idea (MPEP 2016.05(f) see for additional guidance on the “mere instructions to apply an exception”). Each additional element under Step 2A, Prong 2 is analyzed in light of the specification’s explanation of the additional element’s structure. The claimed invention’s additional elements are directed to generic computer component and functions being used to perform the abstract idea.
Applicant’s own disclosure in paragraph [42] acknowledges that the “user terminal 100 may be implemented as a mobile device such as a mobile phone, a smart phone, a personal digital assistant (PDA), a portable multimedia player (PMP), a navigation, a tablet PC, a wearable device, etc.”. Paragraphs [60-61] discloses the “data reception device 200 according to an embodiment of the present disclosure may communicate directly with the user terminal 100 and may be implemented as a fixed device or a movable device such as a TV, a projector, a mobile phone, a smart phone, a desktop computer, a laptop, a digital broadcasting terminal, a personal digital assistant (PDA), a portable multimedia player (PMP), a navigation, a tablet PC, a wearable device, a set-top box (STB), a DMB receiver, a radio, a washing machine, a refrigerator, a desktop computer, digital signage, a robot, a vehicle, etc.…the data reception device 200 may include a communication part 210, an input part 220, a sensing part 240, an output part 250, a memory 270, a processor 280, etc.”. Paragraphs [44-45] further acknowledge “external devices such as other electronic devices or servers using wired or wireless communication technology… the communication technology used by the communication part 110 includes global system for mobile communication (GSM), code division multi access (CDMA), long term evolution (LTE), 5G, wireless LAN (WLAN), wireless-fidelity (Wi-Fi), Bluetooth, radio frequency identification (RFID), infrared data association (IrDA), ZigBee, near field communication (NFC), etc.”. Additionally, paragraphs [5], [64], and [156-157] disclose “obtain the patient's biometric data of in various ways using blood sugar sensors or blood sugar measurement devices…and… the blood sugar measurement device may include a communication part for communicating with the user terminal, a blood sugar measurement part for measuring blood sugar information of the diabetic patient, and a data generation part for generating blood sugar data based on the type of the blood sugar measurement device…the blood sugar measurement device are collectively referred to as smart devices”.
The Examiner has therefore determined that no additional element, or combination of additional claims elements is/are sufficient to ensure the claim(s) amount to significantly more than the abstract idea identified above (Step 2B: NO).
Therefore, claims 1-3, 5-10, and 13-17 are not eligible subject matter under 35 USC 101.
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 1-3, 7, 10, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WOONG et al. (KR-102375862-B1)[hereinafter Woong].
As per Claim 1, Woong discloses a medical data transmission system for transmitting and receiving medical data in paragraphs [0012] and [0032] and [0034] (a system for collecting and managing medical data (synonymous to a medical transmission system for transmitting and receiving medical data), wherein the system transmits and receives data), the system comprising: a user terminal configured to collect first user medical data and transmit first user identification information in paragraphs [0012] and [0035-0037] (a wearable device (synonymous to a user terminal) to collect the patient (synonymous to first user), referred to as user, medical data and transmit personal code information (synonymous to first user identification information)); and a data reception device configured to identify a first user based on the first user identification information received from the user terminal, receive specific data among the first user medical data collected from the user terminal, and output the specific data in paragraphs [0051] and [0053] and [0068-0070] and [0095-0096] and [0112-0113] (the medical terminal server or medical terminal (synonymous to a data reception device) identify a patient based on the personal code information received from the wearable device, receive medical treatment data (synonymous to specific data) based on the personal code information among the patient medical data collected from the wearable device, and output the medical treatment data (Examiner notes that the medical terminal is another data reception device)), wherein: the data reception device is configured to determine the specific data based on decision element information in paragraphs [0037] and [0045] and [0070-0072] (the medical server determines the medical treatment data based on information); the data reception device is configured to request the determined specific data from the user terminal when the user terminal and the data reception device are connected with one another in paragraphs [0034] and [0037] and [0060] (the medical terminal server request the medical treatment data from the wearable device when the wearable device and the medical terminal server are synchronized in real time using a wireless communication network (synonymous to the user terminal and the data reception device are connected with one another)); and the decision element information includes the first user identification information, diagnostic information of the first user, identification information on a medical staff using the data reception device, information on a medical institution providing medical services, and medical data request information additionally requested by a specific medical staff and a specific medical institution among the first user medical data in paragraphs [0037] and [0070-0072] (information includes personal code information, questionnaire information (synonymous to diagnostic information), wherein questionnaire information includes data gathered to treatment during the patient visit, medical staff information of the medical terminal, and medical staff request to receive patient personal information (Examiner notes that under HIPAA, medical staff identification information is needed when medical staff requests patient information)).
As per Claim 2, Woong discloses the system of claim 1, Woong also discloses wherein the first user identification information comprises personal information comprising at least one of age, gender, name of the first user, or any combination thereof in paragraph [0036] (personal code information includes age or gender (Examiner notes that age and gender meets the “at least one of” limitation)).
As per Claim 3, Woong discloses the system of claim 1, Woong also discloses wherein the first user medical data comprises health information comprising at least one of blood pressure, body temperature, oxygen saturation, and heart rate, and blood sugar measurement information comprising at least one of maximum blood sugar, minimum blood sugar, average blood sugar, fasting blood sugar, specific time blood sugar information, pre-meal blood sugar information, post-meal blood sugar information, pre- and post-exercise blood sugar information, a blood sugar graph according to a blood sugar monitoring method of the first user, or any combination thereof in paragraph [0036] (patient medical data includes personal health information including blood pressure, body temperature, and heart rate (Examiner notes that blood pressure, body temperature, and heart rate meets the “at least one of” limitation)).
As per Claim 7, Woong discloses the system of claim 1, wherein, Woong also discloses when the diagnostic information is blood pressure or body temperature monitoring required, specific data comprises at least one information of blood pressure, body temperature, oxygen saturation, heart rate among health information of the first user, or any combination thereof in paragraphs [0036-0037] and [0045] and [0070] (when the questionnaire information includes an inquiry about blood pressure or body temperature monitoring, the medical treatment data includes information of blood pressure or body temperature among the personal health information of the user (Examiner notes blood pressure or body temperature meets the "at least one information of" limitation)).
As per Claim 10, Woong discloses the system of claim 1, Woong also discloses further comprising a server connected to the user terminal in paragraph [0034] (an EMR server connected to the wearable device), wherein the user terminal is configured to transmit the first user medical data to the server, and the first user medical data transmitted to the server and the specific data are different from each other in paragraphs [0037] and [0041] and [0070] (the wearable device transmits patient medical data to the EMR server, the patient medical data transmitted to the server and the medical treatment data are different from each other).
As per Claim 14, Woong discloses a medical data transmission method for transmitting and receiving user medical data in paragraphs [0012] and [0037] and [0075-0076] (a method for collecting and managing medical data (synonymous to a medical transmission method for transmitting and receiving medical data), wherein the method includes transmitting and receiving data), the method comprising: by a user terminal, communicating with a data reception device and collecting first user medical data in paragraphs [0012] and [0035-0037] (by a wearable device (synonymous to a user terminal), communicating with a medical terminal server (synonymous to a data reception device) and collecting the patient (synonymous to first user), referred to as user, medical data); by the data reception device, identifying the user terminal and a first user and receiving specific data among the first user medical data collected from the user terminal in paragraphs [0051] and [0053] and [0068-0070] and [0095-0096] (by the medical terminal server, identifying, the wearable device and a patient and receiving medical treatment data (synonymous to specific data) based on the personal code information (synonymous to first user identification information) among the patient medical data collected from the wearable device); and outputting, by the data reception device, the specific data in paragraphs [0068-0070] and [0112-0113] (outputting, by the medical terminal server, the medical treatment data), wherein: the data reception device is configured to determine the specific data based on decision element information in paragraphs [0037] and [0045] and [0070-0072] (the medical server determines the medical treatment data based on information); the data reception device is configured to request the determined specific data from the user terminal when the user terminal and the data reception device are connected with one another in paragraphs [0034] and [0037] and [0060] (the medical terminal server request the medical treatment data from the wearable device when the wearable device and the medical terminal server are synchronized in real time using a wireless communication network (synonymous to the user terminal and the data reception device are connected with one another)); and the decision element information includes first user identification information, diagnostic information of the first user, identification information on a medical staff using the data reception device, information on a medical institution providing medical services, and medical data request information additionally requested by a specific medical staff and a specific medical institution among the first user medical data in paragraphs [0037] and [0070-0072] (information includes personal code information, questionnaire information (synonymous to diagnostic information), wherein questionnaire information includes data gathered to treatment during the patient visit, medical staff information of the medical terminal, and medical staff request to receive patient personal information (Examiner notes that under HIPAA, medical staff identification information is needed when medical staff requests patient information)).
Claim Rejections - 35 USC § 103
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.
Claims 5-6, 8, 13, and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over WOONG et al. (KR-102375862-B1)[hereinafter Woong], in view of Lee et al. (US-8974385-B2)[hereinafter Lee].
As per Claim 5, Woong discloses the system of claim 1,
Woong does not disclose the following limitations. However, Lee discloses wherein, when the diagnostic information is average blood sugar monitoring required, specific data comprises at least one of maximum blood sugar, minimum blood sugar, average blood sugar, a blood sugar graph among blood sugar measurement information of the first user, or any combination thereof in column 5 line 60-column 6 line 60, column 12 line 39-column 13 line 6 (when the blood glucose management information (synonymous to diagnostic information) includes the blood glucose change according to an average amount of carbohydrate consumed, the pieces of blood glucose information (synonymous to specific data) includes a blood glucose graph showing the blood glucose changes (synonymous to a blood sugar graph) among blood glucose information (Examiner notes that monitoring the average amount of carbohydrates consumed is an indicator of monitoring the average blood sugar. Furthermore, a blood glucose graph meets the "at least one of" limitation)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a medical data transmission system for transmitting and receiving medical data, as disclosed by WOONG, to be combined with when the diagnostic information is ‘average blood sugar monitoring required’, the preset data comprises at least one of maximum blood sugar, minimum blood sugar, average blood sugar, and a blood sugar graph among blood sugar measurement information of the first user, as disclosed by Lee, for the purpose of reducing medical expenses by reducing a required number of hospital visits while continuously monitoring blood glucose information of a patient [column 1 lines 25-41].
As per Claim 6, Woong discloses the system of claim 1.
Woong does not disclose the following limitations. However, Lee discloses wherein, when the diagnostic information is specific time blood sugar monitoring required, specific data comprises at least one of fasting blood sugar, blood sugar information at a specific time, pre-meal blood sugar information, post-meal blood sugar information, pre- and post-exercise blood sugar information among blood sugar measurement information of the first user, or any combination thereof in column 5 lines 7-31, column 5 line 60-column 6 line 60, column 8 lines 41-column 9 lines 14 (when the blood glucose management information includes times when the blood glucose is measured (synonymous to specific time blood sugar monitoring required) the pieces of blood glucose information includes fasting glucose and glucose before/after meals among blood glucose information (Examiner notes that times when the blood glucose is measured meets the "at least one of" limitation)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a medical data transmission system for transmitting and receiving medical data, as disclosed by WOONG, to be combined with when the diagnostic information is ‘specific time blood sugar monitoring required’, the preset data comprises at least one of fasting blood sugar, blood sugar information at a specific time, pre-meal blood sugar information, post-meal blood sugar information, and pre- and post-exercise blood sugar information among blood sugar measurement information of the first user, as disclosed by Lee, for the purpose of reducing medical expenses by reducing a required number of hospital visits while continuously monitoring blood glucose information of a patient [column 1 lines 25-41].
As per Claim 8, Woong discloses the system of claim 1.
Woong does not disclose the following limitations. However, Lee discloses wherein the data reception device is configured to update the specific data based on additional diagnostic information of the first user in column 5 line 32-column 6 line 60 (the blood glucose information server (synonymous to the data reception device) updates the pieces of blood glucose information based on additional blood glucose management information).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a medical data transmission system for transmitting and receiving medical data, as disclosed by WOONG, to be combined with the data reception device to update the preset data based on additional diagnostic information of the first user, as disclosed by Lee, for the purpose of reducing medical expenses by reducing a required number of hospital visits while continuously monitoring blood glucose information of a patient [column 1 lines 25-41].
As per Claim 13, Woong discloses the system of claim 1.
Woong does not disclose the following limitations. However, Lee discloses further comprising a blood sugar measurement device configured to measure the first user medical data and transmit the first user medical data to the user terminal in column 4 lines 7-51 and column 5 lines 7-11 (a blood glucose management information apparatus (synonymous to a blood sugar measurement device) to obtain blood glucose information (synonymous to the first user medical data) and transmit blood glucose information to the user terminal), wherein the blood sugar measurement device comprises a communication part for communicating with the user terminal, a blood sugar measurement part configured to measure blood sugar information of the first user, and a data generation part configured to generate data based on a type of the blood sugar measurement device in column 4 lines 7-51, column 7 lines 14-31, column 8 lines 36-column 9 line 14, column 9 line 54-column 10 line 46, and column 13 lines 29-39 (a blood glucose management information apparatus includes a communications interface unit (synonymous to a communication part) for communicating with the user terminal, a blood glucose sensor (synonymous to a blood sugar measurement part) to measure blood glucose information of the user, a data processing unit (synonymous to a data generation part) to generate data based on a type of the blood glucose management information apparatus).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a medical data transmission system for transmitting and receiving medical data, as disclosed by WOONG, to be combined with a blood measurement device with a communication part, blood measurement part, and a data generation part, as disclosed by Lee, for the purpose of reducing medical expenses by reducing a required number of hospital visits while continuously monitoring blood glucose information of a patient [column 1 lines 25-41].
As per Claim 15, Woong discloses the method of claim 14.
Woong does not disclose the following limitations. However, Lee discloses wherein, when diagnostic information is average blood sugar monitoring required, the specific data is determined based on diagnostic information corresponding to the first user identification information, and wherein the specific data comprises at least one of maximum blood sugar, minimum blood sugar, average blood sugar, a blood sugar graph among blood sugar measurement information of the first user, or any combination thereof in column 5 line 60-column 6 line 60, column 12 line 39-column 13 line 6 (when the blood glucose management information (synonymous to diagnostic information) includes the blood glucose change according to an average amount of carbohydrate consumed, the pieces of blood glucose information (synonymous to specific data) includes a blood glucose graph showing the blood glucose changes (synonymous to a blood sugar graph) among blood glucose information (Examiner notes that monitoring the average amount of carbohydrates consumed is an indicator of monitoring the average blood sugar. Furthermore, a blood glucose graph meets the "at least one of" limitation)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a medical data transmission method for transmitting and receiving medical data, as disclosed by WOONG, to be combined with when the diagnostic information is ‘average blood sugar monitoring required’, the preset data comprises at least one of maximum blood sugar, minimum blood sugar, average blood sugar, and a blood sugar graph among blood sugar measurement information of the first user, as disclosed by Lee, for the purpose of reducing medical expenses by reducing a required number of hospital visits while continuously monitoring blood glucose information of a patient [column 1 lines 25-41].
As per Claim 16, Woong discloses the method of claim 14.
Woong does not disclose the following limitations. However, Lee discloses wherein, when diagnostic information is specific time blood sugar monitoring required, the specific data is determined based on diagnostic information corresponding to the first user identification information, and wherein the specific data comprises at least one of fasting blood sugar, specific time blood sugar information, pre-meal blood sugar information, post-meal blood sugar information, pre- and post-exercise blood sugar information of the first user, or any combination thereof in column 5 lines 7-31, column 5 line 60-column 6 line 60, column 8 lines 41-column 9 lines 14 (when the blood glucose management information includes times when the blood glucose is measured (synonymous to specific time blood sugar monitoring required) the pieces of blood glucose information includes fasting glucose and glucose before/after meals among blood glucose information (Examiner notes that times when the blood glucose is measured meets the "at least one of" limitation)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a medical data transmission method for transmitting and receiving medical data, as disclosed by WOONG, to be combined with when the diagnostic information is ‘specific time blood sugar monitoring required’, the preset data comprises at least one of fasting blood sugar, blood sugar information at a specific time, pre-meal blood sugar information, post-meal blood sugar information, and pre- and post-exercise blood sugar information among blood sugar measurement information of the first user, as disclosed by Lee, for the purpose of reducing medical expenses by reducing a required number of hospital visits while continuously monitoring blood glucose information of a patient [column 1 lines 25-41].
As per Claim 17, Woong discloses the method of claim 14.
Woong does not disclose the following limitations. However, Lee discloses further comprising updating, by the data reception device, the specific data based on additional diagnostic information of the first user in column 5 line 32-column 6 line 60 (updating, by the blood glucose information server (synonymous to the data reception device), the pieces of blood glucose information based on additional blood glucose management information).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a medical data transmission method for transmitting and receiving medical data, as disclosed by WOONG, to be combined with the data reception device to update the preset data based on additional diagnostic information of the first user, as disclosed by Lee, for the purpose of reducing medical expenses by reducing a required number of hospital visits while continuously monitoring blood glucose information of a patient [column 1 lines 25-41].
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over WOONG et al. (KR-102375862-B1)[hereinafter Woong], in view of Sung et al. (US-20080022101-A1)[hereinafter Sung].
As per Claim 9, Woong discloses the system of claim 1, Woong also discloses wherein the data reception device is configured to, when a distance from the user terminal is within a predetermined distance, communicate with the user terminal and identify the first user using any one of QR authentication, Wi-Fi, Bluetooth, P2P, NFC, or RFID in paragraphs [0034] and [0095-0096] (the medical terminal server, communicates with the wearable device and identify the patient using real time wireless communication such as WiFi, Bluetooth, and Radio Frequency (RD) (Examiner notes that communicating in real time using a wireless communication network indicates that the medical terminal server and the wearable device are within a predetermined distance. Furthermore, WiFi and Bluetooth meet the "or" limitation.)).
Woong discloses the medical terminal server communicating with the wearable device and identifying the patient using WiFi, Bluetooth, and RD, but fails to explicitly disclose the communication happening within a predetermined distance. However, Sung discloses wherein the data reception device is configured to, when a distance from the user terminal is within a predetermined distance, communicate with the user terminal and identify the first user using any one of QR authentication, Wi-Fi, Bluetooth, P2P, NFC, or RFID in paragraphs [0034] and [0036] and [0039] ( a device (synonymous to the data reception device), when a distance from another device (synonymous to the user terminal) is within a predetermined distance, communicate with another device and identify a user (synonymous to the first user) using NFC and RFID (Examiner notes that NFC and RFID meets the "or" limitation)).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention of a medical data transmission method for transmitting and receiving medical data, as disclosed by WOONG, to be combined with data reception device communicating with the user terminal and identifying the user when the distance from the user terminal is within a predetermined distance, as disclosed by Sung, for the purpose of guaranteeing an authorized transmission of secured data communication [0016].
Response to Arguments
Applicant's arguments, see Pages 1-3, “Rejections under 35 U.S.C. §101”, filed 12/25/2025 with respect to claims 1-18 have been fully considered but they are not persuasive.
Applicant argues that the amended claims are not directed to an abstract idea nor concerned with organizing human activity or managing personal interactions. Examiner respectfully disagrees. The amended claim limitations merely recite collecting first user medical data, identifying a first user based on the first user identification, receiving specific data, outputting the specific data, determining specific data based on decision element information, and requesting the determined specific data, which are activities performed by medical staff, which falls into the abstract grouping of certain methods of organizing human activity because it is the business relations of medical staff and patients. Additionally, the claim limitations involve managing personal behaviors or interactions between people.
Applicant argues that the amended claims integrate the abstract idea into a practical application by providing an improvement to transmission efficiency and data security. Examiner respectfully disagrees. The claims do not recite an improvement to medical data transmission technology. The claims merely recite collecting first user medical data, identifying a first user based on the first user identification, receiving specific data, outputting the specific data, determining specific data based on decision element information, and requesting the determined specific data, which are a part of the abstract idea. An improvement to the abstract ideas of collecting first user medical data, identifying a first user based on the first user identification, receiving specific data, outputting the specific data, determining specific data based on decision element information, and requesting the determined specific data does not amount to an improvement to technology or a technical field (see MPEP § 2106.05(a)(II) stating “it is important to keep in mind that an improvement in the abstract idea itself (e.g. a recited fundamental economic concept) is not an improvement in technology."). The courts indicated in TLI Communications, 823 F.3d at 612-13, 118 USPQ2d at 1747-48, that gathering and analyzing information using conventional techniques and providing the output is not sufficient to show an improvement to technology. The claim language and instant application fails to provide details regarding how a computer aids the method, the extent to which the computer aids the method, or the significance of a computer to the performance of the method. Here, the improvement is to collecting first user medical data, identifying a first user based on the first user identification, receiving specific data, outputting the specific data, determining specific data based on decision element information, and requesting the determined specific data. There is no indication in the disclosure that the involvement of a computer assists in improving the technology for the outlined problem statement. Merely adding generic computer components to perform the method is not sufficient.
Applicant argues that the amended claims recite significantly more than the abstract idea. The Applicant further argues that the amended claims recite a non-conventional interaction between hardware components and determining, requesting, and outputting the selected medical data based on multiple decision elements. Examiner respectfully disagrees. The amended claim limitations are directed to collecting first user medical data, identifying a first user based on the first user identification, receiving specific data, outputting the specific data, determining specific data based on decision element information, and requesting the determined specific data. The use of the user terminal, data reception device, data reception device is configured to communicate with the user terminal using any one of QR authentication, Wi-Fi, Bluetooth, P2P, NFC, or RFID, server connected to the user terminal, user terminal is configured to transmit the first user medical data to the server, blood sugar measurement device configured to transmit the first user medical data to the user terminal, communication part for communicating with the user terminal, blood sugar measurement part, data generation part, and user terminal communicating with a data reception device to carry out the steps of the abstract idea is merely applying the abstract idea to general purpose computer components which amounts to mere instructions to apply the exceptions, see MPEP 2106.05(f)(2). The courts indicated in Alice Corp., 573 U.S. at 225-26, 110 USPQ2d at 1984, that “a limitation indicating that a particular function such as creating and maintaining electronic records is performed by a computer” is not enough to qualify as significantly more.
Applicant’s arguments, see Pages 3-6, “Rejections under 35 U.S.C. §§102/103”, filed 12/25/2025 with respect to claims 1-18 have been fully considered.
With regards to Claim 1, Applicant argues that Woong nor Lee disclose, teach, or suggest the amended limitations. Examiner respectfully disagrees and points Applicant to the updated rejection and citations in the 102 and 103 rejections above. In response to the argument the references do not disclose selective data request and criteria for selectively determining which medical data should be received, Examiner respectfully disagrees. Examiner notes that Woong discloses in [0034], [0037], [0060], and [0070-0072] the medical terminal server requesting information, such as personal code information (synonymous to first user identification information), questionnaire information (synonymous to diagnostic information), wherein questionnaire information includes data gathered to treatment during the patient visit, medical staff information of the medical terminal, and medical staff request to receive patient personal information, from the patient’s wearable device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jara et al., “An internet of things–based personal device for diabetes therapy management in ambient assisted living AAL” (2011) teaches a personal device to assist with diabetes therapy management.
THIS ACTION IS MADE FINAL. 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 KRYSTEN N WRIGHT whose telephone number is (571)272-5116. The examiner can normally be reached Monday thru Friday 8 - 5 pm, ET.
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, Fonya Long can be reached on (571)270-5096. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/K.N.W./Examiner, Art Unit 3682
/FONYA M LONG/Supervisory Patent Examiner, Art Unit 3682