DETAILED ACTION
Examiner acknowledges receipt of Applicant’s amendment filed on 06/11/2026
Claims 1, 4, 5, 8, 12, 16, 19, 20, 22, and 23 are currently amended
Claims 1-25 are pending
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 .
Response to Amendment
Examiner has fully considered Applicant’s amendments to the Claims in the arguments filed on 06/11/2026. Claims 1-25 remain pending in the application. Examiner has withdrawn the claim objections in view of the amendments.
Response to Arguments
Applicant’s arguments filed 06/11/2026, with respect to the rejections of claims 1-25
under 35 USC 103 have been fully considered, but they are not persuasive. Examiner respectfully submits that the combination of Westin and Bharadwaj is sufficient to teach the limitations of at least independent claims 1, 9, and 17 addressed in Applicant Arguments.
Applicant’s argument beginning on P. 3 of Applicant Arguments asserts that at least Westin does not teach the limitation(s) “generating a de-identified medical image based on the snapshot of the at least one pane of the viewer GUI displaying the at least one medical image, wherein the de-identified medical images excludes the PHI”. Examiner respectfully submits that the Office Action acknowledges this deficiency of Westin, and relies on Bharadwaj in combination with Westin to teach the “de-identified medical image based on the snapshot of the at least one pane of the viewer GUI displaying the at least one medical image“. Westin teaches DICOM images or files that include image data and a separate metadata/header element including information related to their associated image data (e.g. patient personal information). The DICOM image/file and the metadata associated therewith correspond to the claimed medical image and DICOM data, respectively. As highlighted in Applicant Arguments, Westin teaches anonymization techniques for secure transmission of the medical images/files among professionals and patients, including selective removal and/or redaction of private patient information. Thus, Westin establishes a known need for protecting patient privacy when capturing and/or communicating medical images through a PACS. Westin lacks an explicit snapshot capability in their PACS GUI and subsequent handling of a snapshot of the GUI. Bharadwaj is relied upon to cure this deficiency, as Bharadwaj explicitly teaches both a snapshot icon for capturing the screen in every view of a medical viewer GUI and a process for removing patient specific data from any of the images taken. As such, Bharadwaj expressly contemplates that a captured image of a medical viewer GUI display may include patient-specific information and teaches removal of such information to protect patient privacy. Therefore, the combination of Westin and Bharadwaj is sufficient to render obvious the limitation “generating a de-identified medical image based on the snapshot of the at least one pane of the viewer GUI displaying the at least one medical image, wherein the de-identified medical images excludes the PHI”.
Applicant’s argument beginning on P. 3 of Applicant Arguments asserts that the combination of Westin and Bharadwaj is not sufficient to render obvious the limitation(s) “in response to receiving the first user input, displaying, on the workstation display, a second window providing a messaging tool GUI, the messaging tool GUI including … a second icon for capturing a snapshot of the at least one pane of the viewer GUI displaying the at least one medical image”. Specifically, Applicant argues that Bharadwaj’s teaching of “a capture screen option 228 … to capture an image of the current screen shown on the display” does not render obvious the claimed “second icon for capturing a snapshot of the at least one pane of the viewer GUI displaying the at least one medical image”. Applicant Arguments further suggests that the plain meaning of the claimed “at least one pane of the viewer displaying the at least one medical image” is to be interpreted as specifically referring to a snapshot of only “a localized, dedicated sub-section within the PACS software application having defined borders”. Examiner respectfully submits that the claimed “snapshot of the at least one pane of the viewer displaying the at least one medical image” does not require that the snapshot consist exclusively of the at least one pane. Accordingly, Bharadwaj’s capture of the current screen, when applied in combination with Westin’s viewer GUI including at least one pane displaying at least one medical image, at least suggests a captured image including the claimed pane.
Further, Bharadwaj teaches removal of any patient personally identifiable information visible in the screen capture, expressly identifying patient privacy as a cause for removing patient information from captured medical images. Westin also identifies protection of patient information as a key consideration in capturing and transmitting medical images. Combined with the teachings of Westin, Bharadwaj’s screen capture and patient information removal provides the obvious benefit of facilitating secure real time communication between medical professionals who may need immediate access to such images. Therefore, Bharadwaj’s snapshot capturing the current screen shown on the display of a medical professional’s workstation is considered to render obvious the claimed “snapshot of the at least one pane of the viewer GUI”.
P. 7 of Applicant Arguments additionally asserts that the combination of Westin and Bharadwaj is not proper. Examiner respectfully disagrees and submits that Westin and Bharadwaj provide complementary teachings in the same domain as that of the claimed invention. As discussed above, Westin teaches a PACS capable of capturing and communicating DICOM images among medical professionals and patients. Westin teaches anonymization techniques for protecting patient personal information associated with medical images. Westin’s system includes a GUI with various windows for viewing, transmitting, and collaboratively examining the medical images in real time. Bharadwaj discloses a similar system for medical professionals to examine medical images. The system includes a snapshot icon in every view of a plurality of views for instantly capturing and saving the display on command. Bharadwaj explicitly addresses the need to protect patient information that is visible in captured medical images. A skilled artisan would have had reason to incorporate Bharadwaj’s screen capture and patient information removal into Westin’s medical professional collaboration environment. This combination would allow a medical professional to instantly capture a displayed image for immediate communication while also limiting the risk of exposing patient personal 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.
Claim(s) 1, 2, 4, 9, 10, 12, 17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Westin et al. (US 20170374038 A1), hereinafter Westin, in view of Bharadwaj et al. (US 20160038248 A1), hereinafter Bharadwaj.
Regarding Claim 1:
Westin teaches A computer-implemented method for anonymous and secure sharing of at least one medical image through a messaging tool within a picture archiving and communication system (PACS) (Westin – Paragraph [0002]: The embodiments described herein are related to delivery of medical image records, and more particularly to the automatic encryption and conversion of medical image files for delivery to mobile devices and/or remote communication systems; and Paragraph [0006]: Most PACSs handle images from various medical imaging instruments, including US, MRI, PET, CT, and the like. Electronic images and reports are transmitted digitally via PACS; and Paragraph [0149]: The users are also provided with options to … chat about the images through an instant messaging program), the PACS comprising at least one imaging study including the at least one medical image captured by a medical imaging apparatus, wherein the at least one medical image includes associated digital imaging and communications in medicine (DICOM) data (Westin – Paragraph [0051]: FIG. 1 is a diagram illustrating an example system 100 for the automatic conversion and distribution of medical images to any of a plurality of output modalities. The term output modality is used to refer to various types of devices, systems, and services, several examples of which are provided below. As can be seen, system 100 can comprise a plurality of source medical imaging modalities 10, such as Ultrasound, MRI, CT and PET equipment, a local PACS 20 (typically source image archive-servers), or any other device capable of sending medical data such as DICOM data, commonly medical images; and Figure 19: example of a user interface highlighting a “DICOM Images” tab), the computer-implemented method comprising: displaying, on a workstation display, a first window providing a viewer graphical user interface (GUI) (Westin – Figure 17: an overall GUI presented on a user computing device, including icons for accessing various access and communication functionalities regarding e.g. medical images), the viewer GUI including at least one pane displaying the at least one medical image of the at least one imaging study of the PACS (Westin – Paragraph [0153]: FIG. 19 shows further detail of the main menu GUI, which provides: options to select DICOM images (where the main image workflows are found); and Paragraph [0154]: FIG. 20 illustrates one embodiment of an image workflow, where an image or a study of images can be selected from a list for further review; and Paragraph [0155]: FIG. 21 illustrates a series of images as thumbnails that can be quickly reviewed before selecting one or more of them for further review. A list of actions is provided at the top of the GUI, and other icons on the thumbnails provide indications as to whether the thumbnail represents a video and whether it is of a particular image format (such as DICOM). The user may click or select one of the thumbnails to open the full image or video) and a first icon for invoking the messaging tool (Westin – Paragraph [0153]: FIG. 19 shows further detail of the main menu GUI, which provides: options to select … Inbox where the user will receive messages from the system or other users; a Recipients icon of patients or other users and contacts that can be easily found and contacted for sending images and messages; and Paragraph [0156]: FIG. 22 is an illustration of a real-time remote interactive collaboration GUI, where a medical image is displayed along with annotations that are made on the image by one or more users. A chat screen is shown where the users can type instant messages to each other in the process of discussing the diagnosis of the patient, and a list of thumbnails of other images in the study may be provided at the top), wherein the at least one medical image includes a DICOM data overlay layer comprising protected health information (PHI) of an imaged subject (Westin – Paragraph [0005]: In addition, DICOM file format differs from other data formats in that it groups information into data sets. For example, a file of a chest X-Ray image actually contains the patient ID within the file, so that the image can never be separated from this information by mistake; and Paragraph [0055]: Alternatively, the nurse or technician at the patient's facility can enter the patient's cellular phone number in the patient information field on the ultrasound machine. On receiving the, e.g., DICOM data file, DCDS 32 can be configured to then locate that number embedded in the DICOM data file, and automatically forward the converted image or video file after processing to the desired locations as specified by the patient; and Paragraph [0057]: Storage & Parser 204 can be configured to parse the received data and to store any image data 205 and all metadata 206 in storage system 214 … Storage & Parser 204 can be configured in certain implementations or under certain conditions to strip all sensitive patient information from the incoming data file. For example, an operator of the system can use a Graphical User Interface (GUI), such as a Web GUI 208 to selectively set the parts of metadata that are considered to be sensitive. Alternatively, the system can be programmed to automatically determine which fields in the meta data are sensitive. This process is called anonymization, and it is performed in order to protect the patient's privacy); receiving a first user input for invoking the messaging tool (Westin – Paragraph [0153]: FIG. 19 shows further detail of the main menu GUI, which provides: options to select … Inbox where the user will receive messages from the system or other users; a Recipients icon of patients or other users and contacts that can be easily found and contacted for sending images and messages); in response to receiving the first user input, displaying, on the workstation display, a second window providing a messaging tool GUI, the messaging tool GUI including an input field for identifying at least one recipient (Westin – Paragraph [0153]: FIG. 19 shows further detail of the main menu GUI, which provides: options to select … Inbox where the user will receive messages from the system or other users; a Recipients icon of patients or other users and contacts that can be easily found and contacted for sending images and messages; and Paragraph [0157]: In the Invite Collaborators tab, a user can invite more users to participate in a live diagnosis process. The invited users may receive a text message, email or phone call asking them to join in the live chat session. The user interface may be adopted for any type of computing device, including mobile phones and tablets, to allow other users to participate from any location and with any type of portable electronic device), a dialog thread pane, a message input field (Westin – Paragraph [0156]: FIG. 22 is an illustration of a real-time remote interactive collaboration GUI, where a medical image is displayed along with annotations that are made on the image by one or more users. A chat screen is shown where the users can type instant messages to each other in the process of discussing the diagnosis of the patient … This “Live Diagnosis Screen” is a real-time collaboration tool that updates all information in real-time and synchronizes edits between users, including the annotations, chats, actions, selected images, pins and other changes); generating a de-identified medical image based on [the snapshot of the at least one pane of the viewer GUI displaying] the at least one medical image, wherein the de-identified medical images excludes the PHI (Westin – Paragraph [0069]: FIG. 3 is a flow chart illustrating one example embodiment for an automated message creation operation performed by DCDS 32 in accordance with one embodiment. In the example of FIG. 3, it is assumed that destination information, e.g., output modality information is included in a medical image file received by DCDS 32. In other embodiments, a user can access DCDS 32, e.g., through GUI 208 and specify which files should be sent to which output modalities; and Paragraph [0078]: In step 332, the data can be anonymized as required by any applicable anonymization rules. For example, the data can be extracted and copied into a generic format so that certain data can be removed, redacted, etc. The data can then be converted to the final output format); and transmitting and displaying the de-identified medical image in the input field or into the dialog thread pane of the messaging tool GUI (Westin – Paragraph [0078]: The data can then be converted to the final output format; and Paragraph [0081]: Output Module 213 can be configured to send an e-mail message to a SMTP server (not shown) and to send an MMS message to a MMS gateway (not shown); and Paragraph [0059]: Output Module 213 can be configured to accept calls from other parts of DCDS 32 containing general data, information to send, and number of delivery destinations; and Paragraph [0060]: when a service call is received by DCDS 32, Output Module 213 can assemble one MMS message packet containing a jpeg version of an image and message text, all combined and encoded according to the MMS specifications. This message can then be sent (as MMS or e-mail)).
Westin does not expressly teach and a second icon for capturing a snapshot of the at least one pane of the viewer GUI displaying the at least one medical image; receiving a second user input for capturing the snapshot; capturing the snapshot of the at least one pane of the viewer GUI displaying the at least one medical image; generating a de-identified medical image based on the snapshot.
However, Bharadwaj teaches and a second icon for capturing a snapshot of the at least one pane of the viewer GUI displaying the at least one medical image (Bharadwaj – Figure 3A-Figure 13: Various GUI views all including a “capture screen” icon; and Paragraph [0070]: View 210 also includes a capture screen option 228 that is selectable by the clinician to capture an image of the current screen shown on the display 102, for example, view 210, and save the captured image to memory. The capture screen option 228 may also be configured to remove patient specific data from the captured image to protect patient privacy. The removal of patient specific data may be an option selectable by the clinician and may be set to “on” by default. Any of the views described herein may include a capture screen option 228 as described above); receiving a second user input for capturing the snapshot; capturing the snapshot of the at least one pane of the viewer GUI displaying the at least one medical image (Bharadwaj – Paragraph [0070]: View 210 also includes a capture screen option 228 that is selectable by the clinician to capture an image of the current screen shown on the display 102, for example, view 210, and save the captured image to memory); generating a de-identified medical image based on the snapshot of the at least one pane of the viewer GUI displaying the at least one medical image, wherein the de-identified medical images excludes the PHI (Bharadwaj – Paragraph [0070]: View 210 also includes a capture screen option 228 that is selectable by the clinician to capture an image of the current screen shown on the display 102, for example, view 210, and save the captured image to memory. The capture screen option 228 may also be configured to remove patient specific data from the captured image to protect patient privacy. The removal of patient specific data may be an option selectable by the clinician and may be set to “on” by default).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Westin, further incorporating Bharadwaj to arrive at the conclusion of the claimed invention. One would be motivated to incorporate Bharadwaj’s teaching of a GUI that includes a selectable screen capture functionality that is configurable to remove patient specific data from the captured image into Westin’s method for anonymously sharing medical images throughout a PACS. This combination would allow a medical professional to instantly capture a displayed image for immediate communication while also limiting the risk of exposing patient personal information.
Regarding Claim 2:
The combination of Westin and Bharadwaj teaches the computer-implemented method of claim 1.
Westin further teaches wherein the PHI includes at least one of names, associated geographic locations smaller than a state, dates, telephone number, facsimile numbers, email address, social security numbers, medical record numbers, health plan beneficiary numbers, account numbers, certificate or license numbers, vehicle identifiers, device identifiers, web uniform resource locators, internet protocol addresses, biometric identifiers, full face photos, or any other uniquely identifying number, characteristic or code (Westin – Paragraph [0097]: a piece of identifiable patient data (501-504) such as, patient name, and birth-date, etc; and Paragraph [0055]: the nurse or technician at the patient's facility can enter the patient's cellular phone number in the patient information field on the ultrasound machine. On receiving the, e.g., DICOM data file, DCDS 32 can be configured to then locate that number embedded in the DICOM data file).
The motivation to combine the arts is the same as that of Claim 1.
Regarding Claim 4:
The combination of Westin and Bharadwaj teaches the computer-implemented method of claim 1.
Bharadwaj further teaches wherein the viewer GUI further comprises a third icon for capturing the snapshot of the at least one pane of the viewer GUI displaying the at least one medical image, and wherein receiving the second user input for capturing the snapshot comprises receiving the second user input selecting the second icon for capturing the snapshot of the at least one pane of the viewer GUI or the third icon for capturing the snapshot of the at least one pane of the viewer GUI (Bharadwaj – Figure 3A-Figure 13: Various GUI views all including a “capture screen” icon; and Paragraph [0070]: View 210 also includes a capture screen option 228 that is selectable by the clinician to capture an image of the current screen shown on the display 102, for example, view 210, and save the captured image to memory. The capture screen option 228 may also be configured to remove patient specific data from the captured image to protect patient privacy. The removal of patient specific data may be an option selectable by the clinician and may be set to “on” by default. Any of the views described herein may include a capture screen option 228 as described above; Examiner’s Comment: the “capture screen option” provided on each different GUI view taught by Bharadwaj is interpreted to represent a plurality of icons for capturing a snapshot of at least one pane of the viewer GUI).
The motivation to combine the arts is the same as that of Claim 1.
Regarding Claim 9:
Claim 9 is a system claim with limitations corresponding to those of method Claim 1. Therefore, Claim 9 is rejected with the same combination and rationale as that of the rejection of Claim 1.
Westin further teaches the additional elements: A computer system … comprising: one or more computer processors; one or more non-transient, computer-readable storage media (Westin – Paragraph [0052]: The CCS can comprise one or more servers, and include one or more a processors or CPUs, memory associated with the processor(s), a data storage module, a display means, and an input/output interface means); program instructions stored on the one or more non-transient, computer-readable storage media for execution by at least one of the one or more computer processors, the program instructions comprising: program instructions (Westin – Paragraph [0098]: In certain embodiments, CCS 30 can be interfaced with a server 902 that can be configured to host and support various value added services; and Paragraph [0099]: It will be understood that server 902 can actually comprise a plurality of servers, computers, routers, etc., as well as the appropriate software and firmware required to carry out the functions described herein. Further, storage system 904 can comprise one or more databases, one or more storage servers, as well as other physical storage mediums as required).
Regarding Claim 10:
The rejection of Claim 9 is incorporated. In addition, Claim 10 is a system claim with limitations corresponding to those of method Claim 2. Therefore, Claim 10 is rejected with the same combination and rationale.
Regarding Claim 12:
The rejection of Claim 9 is incorporated. In addition, Claim 12 is a system claim with limitations corresponding to those of method Claim 4. Therefore, Claim 12 is rejected with the same combination and rationale.
Regarding Claim 17:
Claim 17 is a computer program product claim with limitations corresponding to those of method Claim 1 and system claim 9. Therefore, Claim 17 is rejected with the same combination and rationale. Westin further teaches the additional elements: A computer program product … comprising a non-transient computer readable storage medium having program code embodied therewith (Westin – Paragraph [0098]: In certain embodiments, CCS 30 can be interfaced with a server 902 that can be configured to host and support various value added services; and Paragraph [0099]: It will be understood that server 902 can actually comprise a plurality of servers, computers, routers, etc., as well as the appropriate software and firmware required to carry out the functions described herein. Further, storage system 904 can comprise one or more databases, one or more storage servers, as well as other physical storage mediums as required), the program code executable by a processor (Westin – Paragraph [0052]: The CCS can comprise one or more servers, and include one or more a processors or CPUs, memory associated with the processor(s), a data storage module, a display means, and an input/output interface means).
Regarding Claim 19:
The rejection of Claim 17 is incorporated. In addition, Claim 19 is a computer program product claim with limitations corresponding to those of method Claim 4 and system claim 12. Therefore, Claim 19 is rejected with the same combination and rationale.
Claim(s) 3, 11, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Westin, in view of Bharadwaj, Nair (US 20210126880 A1), hereinafter Nair, and Damyanov et al. (US 20250281024 A1), hereinafter Damyanov.
Regarding Claim 3:
The combination of Westin and Bharadwaj teaches the computer-implemented method of claim 1.
Westin further teaches the at least one pane of the viewer GUI displaying the at least one medical image (Westin – Paragraph [0153]: FIG. 19 shows further detail of the main menu GUI, which provides: options to select DICOM images (where the main image workflows are found); and Paragraph [0154]: FIG. 20 illustrates one embodiment of an image workflow, where an image or a study of images can be selected from a list for further review; and Paragraph [0155]: FIG. 21 illustrates a series of images as thumbnails that can be quickly reviewed before selecting one or more of them for further review. A list of actions is provided at the top of the GUI, and other icons on the thumbnails provide indications as to whether the thumbnail represents a video and whether it is of a particular image format (such as DICOM). The user may click or select one of the thumbnails to open the full image or video).
The combination of Westin and Bharadwaj does not expressly teach in response to receiving second user input for capturing the snapshot, displaying a notification indicating that the snapshot of the viewer GUI is to be pasted into the input field or into the dialog thread pane of the messaging tool GUI; receiving a third user input confirming the snapshot of the viewer GUI is to be pasted into the input field or into the dialog thread pane of the messaging tool GUI; and in response to receiving the third user input, capturing the snapshot of the at least one pane of the viewer GUI.
However, Nair teaches in response to receiving second user input for capturing the snapshot, [displaying a notification indicating that] the snapshot of the viewer GUI is to be pasted into the input field or into the dialog thread pane of the messaging tool GUI (Nair – Figure 2A and 2B: example GUI displays that include a selectable screenshot button and automatic placement of a taken screenshot into a messaging tool; and Paragraph [0026]: FIG. 2A depicts an example of the first user sharing the screenshot with a second user via a messaging user interface 200. The messaging user interface may enable messaging such as text, chats, etc. between users. In the messaging user interface 200, a user interface element 202 allows a selection of a screenshot request (e.g., “Screenshot take and edit your screenshot). When the user interface element 202 is selected, the user equipment presenting (e.g., via a display) user interface 100 triggers a screenshot (e.g., screen capture or copy of the user interface 100), and then inserts the screenshot 212 of user interface 100 in a message as shown in FIG. 2B at 212. This message including the screenshot 212 is then sent to the second user via a message, such as a chat or text message, for example. The messaging user interface 200 may be presented within the user interface 100 to facilitate the sending of the screenshot, although messaging user interface may be presented at other locations on a display as well); [receiving a third user input confirming] the snapshot of the viewer GUI is to be pasted into the input field or into the dialog thread pane of the messaging tool GUI (Nair – Figure 2A and 2B: example GUI displays that include a selectable screenshot button and automatic placement of a taken screenshot into a messaging tool; and Paragraph [0026]: FIG. 2A depicts an example of the first user sharing the screenshot with a second user via a messaging user interface 200. The messaging user interface may enable messaging such as text, chats, etc. between users. In the messaging user interface 200, a user interface element 202 allows a selection of a screenshot request (e.g., “Screenshot take and edit your screenshot). When the user interface element 202 is selected, the user equipment presenting (e.g., via a display) user interface 100 triggers a screenshot (e.g., screen capture or copy of the user interface 100), and then inserts the screenshot 212 of user interface 100 in a message as shown in FIG. 2B at 212. This message including the screenshot 212 is then sent to the second user via a message, such as a chat or text message, for example. The messaging user interface 200 may be presented within the user interface 100 to facilitate the sending of the screenshot, although messaging user interface may be presented at other locations on a display as well); [and in response to receiving the third user input,] capturing the snapshot of the at least one pane of the viewer GUI (Nair – Figure 2A and 2B: example GUI displays that include a selectable screenshot button and automatic placement of a taken screenshot into a messaging tool; and Paragraph [0026]: FIG. 2A depicts an example of the first user sharing the screenshot with a second user via a messaging user interface 200. The messaging user interface may enable messaging such as text, chats, etc. between users. In the messaging user interface 200, a user interface element 202 allows a selection of a screenshot request (e.g., “Screenshot take and edit your screenshot). When the user interface element 202 is selected, the user equipment presenting (e.g., via a display) user interface 100 triggers a screenshot (e.g., screen capture or copy of the user interface 100), and then inserts the screenshot 212 of user interface 100 in a message as shown in FIG. 2B at 212. This message including the screenshot 212 is then sent to the second user via a message, such as a chat or text message, for example. The messaging user interface 200 may be presented within the user interface 100 to facilitate the sending of the screenshot, although messaging user interface may be presented at other locations on a display as well).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Westin and Bharadwaj, further incorporating Nair to arrive at the conclusion of the claimed invention. One would be motivated to incorporate Nair’s teaching of a GUI button for taking a screenshot and automatically inserting the screenshot into a chat tool for communication with other users into Westin and Bharadwaj’s method for anonymously sharing medical images throughout a PACS. While Nair’s GUI is directed to broader collaboration between enterprise users and their devices, the rapid, automated screen shot sharing capability taught by Nair would be obvious to apply to the systems of Westin and Bharadwaj. This combination would result in the obvious benefit of more efficiency and convenience of use of the GUI for sharing medical images – enabling smoother and faster collaboration among medical practitioners handling critical information in critical moments.
The combination of Westin, Bharadwaj, and Nair does not expressly teach displaying a notification indicating that [the snapshot of the viewer GUI is to be pasted into the input field or into the dialog thread pane of the messaging tool GUI]; receiving a third user input confirming [the snapshot of the viewer GUI is to be pasted into the input field or into the dialog thread pane of the messaging tool GUI]; and in response to receiving the third user input, [capturing the snapshot of the at least one pane of the viewer GUI].
However, Damyanov teaches displaying a notification indicating that [the snapshot of the viewer GUI is to be pasted into the input field or into the dialog thread pane of the messaging tool GUI] (Damyanov – Paragraph [0120]: The patient information panel may comprise a change patient button, e.g. after assigning the first patient information data to the procedure session. The video processing apparatus may be adapted to detect a change request user input corresponding to selection of the change patient button. In response to detecting the change request user input the video processing apparatus may display a confirmation dialogue, e.g. in the first portion of the graphical user interface or in the second portion of the graphical user interface. The confirmation dialogue may include a confirm button and a cancel button; and Paragraph [0128]: The patient information panel, e.g. displayed after assigning the manual patient information data to the procedure session, may comprise a delete button. The video processing apparatus may be adapted to detect a delete button user input corresponding to selection of the delete button. In response to detecting the delete button user input the video processing apparatus may display a confirmation dialogue, e.g. including a confirm button and/or a cancel button); receiving a third user input confirming [the snapshot of the viewer GUI is to be pasted into the input field or into the dialog thread pane of the messaging tool GUI] (Damyanov – Paragraph [0120]: In response to detecting the change request user input the video processing apparatus may display a confirmation dialogue, e.g. in the first portion of the graphical user interface or in the second portion of the graphical user interface. The confirmation dialogue may include a confirm button and a cancel button. The video processing apparatus may be adapted to detect a confirm user input corresponding to selection of the confirm button and a cancel user input corresponding to selection of the cancel button; and Paragraph [0128]: In response to detecting the delete button user input the video processing apparatus may display a confirmation dialogue, e.g. including a confirm button and/or a cancel button. The video processing apparatus may be adapted to detect a confirm user input corresponding to selection of the confirm button. The video processing apparatus may be adapted to detect a cancel user input corresponding to selection of the cancel button); and in response to receiving the third user input, [capturing the snapshot of the at least one pane of the viewer GUI] (Damyanov – Paragraph [0120]: In response to detecting the change request user input the video processing apparatus may display a confirmation dialogue, e.g. in the first portion of the graphical user interface or in the second portion of the graphical user interface. The confirmation dialogue may include a confirm button and a cancel button. The video processing apparatus may be adapted to detect a confirm user input corresponding to selection of the confirm button and a cancel user input corresponding to selection of the cancel button; and Paragraph [0128]: In response to detecting the delete button user input the video processing apparatus may display a confirmation dialogue, e.g. including a confirm button and/or a cancel button. The video processing apparatus may be adapted to detect a confirm user input corresponding to selection of the confirm button. The video processing apparatus may be adapted to detect a cancel user input corresponding to selection of the cancel button).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Westin, Bharadwaj, and Nair, further incorporating Damyanov to arrive at the conclusion of the claimed invention. One would be motivated to incorporate Damyanov’s teaching of a GUI that displays confirmation dialogs in response to certain user selections into Westin, Bharadwaj, and Nair’s method for anonymously sharing medical images throughout a PACS. While Damyanov’s confirmation dialogs are related to a user selecting e.g. a “change patient” button or a “delete” button, it would have been obvious to one of ordinary skill in the art to apply a similar confirmation dialog mechanism to an operation involving capturing and transmitting medical images on a display. Damyanov’s comparable GUI allows clinicians to navigate patient data for analysis, similar to the overarching goals of the claimed invention. Thus, it would have been obvious to apply confirmation dialogs to certain user selections to prevent unwanted actions involving sensitive data from being performed.
Regarding Claim 11:
Claim 11 is a system claim with limitations corresponding to those of method Claim 3. Therefore, Claim 11 is rejected with the same combination and rationale.
Regarding Claim 18:
Claim 18 is a computer program product claim with limitations corresponding to those of method Claim 3 and system claim 11. Therefore, Claim 18 is rejected with the same combination and rationale.
Claim(s) 5, 6, 13, 14, 20, 21, 24, and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Westin, in view of Bharadwaj and Jhaveri (US 20210287783 A1), hereinafter Jhaveri.
Regarding Claim 5:
The combination of Westin and Bharadwaj teaches the computer-implemented method of claim 1.
Westin further teaches further comprising: displaying, on the workstation display, a third window providing a worklist GUI, the worklist GUI including the at least one imaging study including the at least one medical image captured by the medical imaging apparatus [and a third icon for invoking the messaging tool] (Westin – Paragraph [0153]: FIG. 19 shows further detail of the main menu GUI, which provides: options to select DICOM images (where the main image workflows are found); and Paragraph [0154]: FIG. 20 illustrates one embodiment of an image workflow, where an image or a study of images can be selected from a list for further review; and Paragraph [0155]: FIG. 21 illustrates a series of images as thumbnails that can be quickly reviewed before selecting one or more of them for further review. A list of actions is provided at the top of the GUI, and other icons on the thumbnails provide indications as to whether the thumbnail represents a video and whether it is of a particular image format (such as DICOM). The user may click or select one of the thumbnails to open the full image or video); receiving another user input selecting one of the at least one imaging study (Westin – Paragraph [0154]: FIG. 20 illustrates one embodiment of an image workflow, where an image or a study of images can be selected from a list for further review; and Paragraph [0155]: FIG. 21 illustrates a series of images as thumbnails that can be quickly reviewed before selecting one or more of them for further review. A list of actions is provided at the top of the GUI, and other icons on the thumbnails provide indications as to whether the thumbnail represents a video and whether it is of a particular image format (such as DICOM). The user may click or select one of the thumbnails to open the full image or video); and in response to receiving the other user input selecting the one of the at least one imaging study (Westin – Paragraph [0154]: FIG. 20 illustrates one embodiment of an image workflow, where an image or a study of images can be selected from a list for further review; and Paragraph [0155]: FIG. 21 illustrates a series of images as thumbnails that can be quickly reviewed before selecting one or more of them for further review. A list of actions is provided at the top of the GUI, and other icons on the thumbnails provide indications as to whether the thumbnail represents a video and whether it is of a particular image format (such as DICOM). The user may click or select one of the thumbnails to open the full image or video), displaying, on the workstation display, the first window providing the viewer GUI (Westin – Paragraph [0155]: FIG. 21 illustrates a series of images as thumbnails that can be quickly reviewed before selecting one or more of them for further review. A list of actions is provided at the top of the GUI, and other icons on the thumbnails provide indications as to whether the thumbnail represents a video and whether it is of a particular image format (such as DICOM). The user may click or select one of the thumbnails to open the full image or video).
The combination of Westin and Bharadwaj does not expressly teach the worklist GUI including … a third icon for invoking the messaging tool.
However, Jhaveri teaches the worklist GUI including … a third icon for invoking the messaging tool (Jhaveri – Figures 11, 12, and 13: multiple GUI views including a worklist GUI, each view including its own chat icon, as well as describing chat icons to open individual chats with collaborators; and Paragraph [0088]: The patient workflow report may include a current imaging workflow for the patient including a list of acquired images, acquisition information for each of the current acquired images, collaboration information including communication information (e.g., phone number, chat interface, etc.) for each of the one or more team members for the imaging workflow, and a summary of one or more of priority of imaging, modality and imaging modes utilized, body parts images, and review; and Paragraph [0160]: Selection of one of the chat icons 1216 may launch an application where the current user may send text- and/or media-rich messages to the care provider whose name appears adjacent to the selected chat icon. For example, selection of a chat icon 1220 may launch a chat-based application on a display device; and Paragraph [0170} the Worklist page 1302 may include a list of collaborative users 1330. The list of collaborative users 1330 may include … a selectable chat icon 1338).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Westin and Bharadwaj, further incorporating Jhaveri to arrive at the conclusion of the claimed invention. One would be motivated to incorporate Jhaveri’s teaching to include multiple chat icons on each GUI viewer window in a collaborative medical care system into Westin and Bharadwaj’s method for anonymously sharing medical images throughout a PACS. This additional consideration would further ease communication between clinicians and bolsters the specific collaborator selection taught by Westin, relating patient information and images to their respective care providers for quick connection.
Regarding Claim 6:
The combination of Westin, Bharadwaj, and Jhaveri teaches the computer-implemented method of claim 5.
Westin further teaches wherein receiving the first user input for invoking the messaging tool comprises receiving the first user input selecting the first icon for invoking the messaging tool (Westin – Paragraph [0153]: FIG. 19 shows further detail of the main menu GUI, which provides: options to select … Inbox where the user will receive messages from the system or other users; a Recipients icon of patients or other users and contacts that can be easily found and contacted for sending images and messages; and Paragraph [0156]: FIG. 22 is an illustration of a real-time remote interactive collaboration GUI, where a medical image is displayed along with annotations that are made on the image by one or more users. A chat screen is shown where the users can type instant messages to each other in the process of discussing the diagnosis of the patient, and a list of thumbnails of other images in the study may be provided at the top).
Jhaveri further teaches or the third icon for invoking the messaging tool (Jhaveri – Figures 11, 12, and 13: multiple GUI views including a worklist GUI, each view including its own chat icon, as well as describing chat icons to open individual chats with collaborators; and Paragraph [0088]: The patient workflow report may include a current imaging workflow for the patient including a list of acquired images, acquisition information for each of the current acquired images, collaboration information including communication information (e.g., phone number, chat interface, etc.) for each of the one or more team members for the imaging workflow, and a summary of one or more of priority of imaging, modality and imaging modes utilized, body parts images, and review; and Paragraph [0160]: Selection of one of the chat icons 1216 may launch an application where the current user may send text- and/or media-rich messages to the care provider whose name appears adjacent to the selected chat icon. For example, selection of a chat icon 1220 may launch a chat-based application on a display device; and Paragraph [0170} the Worklist page 1302 may include a list of collaborative users 1330. The list of collaborative users 1330 may include … a selectable chat icon 1338).
The motivation to combine the arts is the same as that of Claim 5.
Regarding Claim 13:
Claim 13 is a computer program product claim with limitations corresponding to those of method Claim 5. Therefore, Claim 13 is rejected with the same combination and rationale.
Regarding Claim 14:
Claim 14 is a computer program product claim with limitations corresponding to those of method Claim 6. Therefore, Claim 14 is rejected with the same combination and rationale.
Regarding Claim 20:
Claim 20 is a computer program product claim with limitations corresponding to those of method Claim 5 and system claim 13. Therefore, Claim 20 is rejected with the same combination and rationale.
Regarding Claim 21:
Claim 21 is a computer program product claim with limitations corresponding to those of method Claim 6 and system Claim 14. Therefore, Claim 21 is rejected with the same combination and rationale.
Regarding Claim 24:
Westin teaches A computer-implemented method for anonymous and secure sharing of at least one medical image through a messaging tool within a picture archiving and communication system (PACS) (Westin – Paragraph [0002]: The embodiments described herein are related to delivery of medical image records, and more particularly to the automatic encryption and conversion of medical image files for delivery to mobile devices and/or remote communication systems; and Paragraph [0006]: Most PACSs handle images from various medical imaging instruments, including US, MRI, PET, CT, and the like. Electronic images and reports are transmitted digitally via PACS; and Paragraph [0149]: The users are also provided with options to … chat about the images through an instant messaging program), the PACS comprising at least one imaging study including the at least one medical image captured by a medical imaging apparatus, wherein the at least one medical image includes associated digital imaging and communications in medicine (DICOM) data (Westin – Paragraph [0051]: FIG. 1 is a diagram illustrating an example system 100 for the automatic conversion and distribution of medical images to any of a plurality of output modalities. The term output modality is used to refer to various types of devices, systems, and services, several examples of which are provided below. As can be seen, system 100 can comprise a plurality of source medical imaging modalities 10, such as Ultrasound, MRI, CT and PET equipment, a local PACS 20 (typically source image archive-servers), or any other device capable of sending medical data such as DICOM data, commonly medical images; and Figure 19: example of a user interface highlighting a “DICOM Images” tab), the computer-implemented method comprising: displaying, on a workstation display, a first window providing a worklist graphical user interface (GUI), the worklist GUI including the at least one imaging study including the at least one medical image captured by the medical imaging apparatus and a first icon for invoking a messaging tool ((Westin – Figure 17: an overall GUI presented on a user computing device, including icons for accessing various access and communication functionalities regarding e.g. medical images; and Paragraph [0153]: FIG. 19 shows further detail of the main menu GUI, which provides: options to select DICOM images (where the main image workflows are found); and Inbox where the user will receive messages from the system or other users; a Recipients icon of patients or other users and contacts that can be easily found and contacted for sending images and messages; and Paragraph [0154]: FIG. 20 illustrates one embodiment of an image workflow, where an image or a study of images can be selected from a list for further review; and Paragraph [0155]: FIG. 21 illustrates a series of images as thumbnails that can be quickly reviewed before selecting one or more of them for further review. A list of actions is provided at the top of the GUI, and other icons on the thumbnails provide indications as to whether the thumbnail represents a video and whether it is of a particular image format (such as DICOM). The user may click or select one of the thumbnails to open the full image or video) receiving a first user input selecting the at least one imaging study; displaying, on the workstation display, a second window providing a viewer GUI, the viewer GUI including at least one pane displaying the at least one medical image of the selected at least one imaging study [and a second icon for invoking the messaging tool] (Westin – Figure 17: an overall GUI presented on a user computing device, including icons for accessing various access and communication functionalities regarding e.g. medical images; and Paragraph [0154]: FIG. 20 illustrates one embodiment of an image workflow, where an image or a study of images can be selected from a list for further review; and Paragraph [0155]: FIG. 21 illustrates a series of images as thumbnails that can be quickly reviewed before selecting one or more of them for further review. A list of actions is provided at the top of the GUI, and other icons on the thumbnails provide indications as to whether the thumbnail represents a video and whether it is of a particular image format (such as DICOM). The user may click or select one of the thumbnails to open the full image or video); wherein the at least one medical image includes a DICOM data overlay layer comprising protected health information (PHI) of an imaged subject (Westin – Paragraph [0005]: In addition, DICOM file format differs from other data formats in that it groups information into data sets. For example, a file of a chest X-Ray image actually contains the patient ID within the file, so that the image can never be separated from this information by mistake; and Paragraph [0055]: Alternatively, the nurse or technician at the patient's facility can enter the patient's cellular phone number in the patient information field on the ultrasound machine. On receiving the, e.g., DICOM data file, DCDS 32 can be configured to then locate that number embedded in the DICOM data file, and automatically forward the converted image or video file after processing to the desired locations as specified by the patient; and Paragraph [0057]: Storage & Parser 204 can be configured to parse the received data and to store any image data 205 and all metadata 206 in storage system 214 … Storage & Parser 204 can be configured in certain implementations or under certain conditions to strip all sensitive patient information from the incoming data file. For example, an operator of the system can use a Graphical User Interface (GUI), such as a Web GUI 208 to selectively set the parts of metadata that are considered to be sensitive. Alternatively, the system can be programmed to automatically determine which fields in the meta data are sensitive. This process is called anonymization, and it is performed in order to protect the patient's privacy); receiving a second user input selecting the first icon for invoking the messaging tool [or the second icon for invoking the messaging tool] (Westin – Paragraph [0153]: FIG. 19 shows further detail of the main menu GUI, which provides: options to select … Inbox where the user will receive messages from the system or other users; a Recipients icon of patients or other users and contacts that can be easily found and contacted for sending images and messages); in response to receiving the second user input, displaying, on the workstation display, a third window providing a messaging tool GUI, the messaging tool GUI including an input field for identifying at least one recipient (Westin – Paragraph [0153]: FIG. 19 shows further detail of the main menu GUI, which provides: options to select … Inbox where the user will receive messages from the system or other users; a Recipients icon of patients or other users and contacts that can be easily found and contacted for sending images and messages; and Paragraph [0157]: In the Invite Collaborators tab, a user can invite more users to participate in a live diagnosis process. The invited users may receive a text message, email or phone call asking them to join in the live chat session. The user interface may be adopted for any type of computing device, including mobile phones and tablets, to allow other users to participate from any location and with any type of portable electronic device), a dialog thread pane, a message input field (Westin – Paragraph [0156]: FIG. 22 is an illustration of a real-time remote interactive collaboration GUI, where a medical image is displayed along with annotations that are made on the image by one or more users. A chat screen is shown where the users can type instant messages to each other in the process of discussing the diagnosis of the patient … This “Live Diagnosis Screen” is a real-time collaboration tool that updates all information in real-time and synchronizes edits between users, including the annotations, chats, actions, selected images, pins and other changes); generating a de-identified medical image based on [the snapshot of the at least one pane of the viewer GUI displaying] the at least one medical image, wherein the de-identified medical images excludes the PHI (Westin – Paragraph [0069]: FIG. 3 is a flow chart illustrating one example embodiment for an automated message creation operation performed by DCDS 32 in accordance with one embodiment. In the example of FIG. 3, it is assumed that destination information, e.g., output modality information is included in a medical image file received by DCDS 32. In other embodiments, a user can access DCDS 32, e.g., through GUI 208 and specify which files should be sent to which output modalities; and Paragraph [0078]: In step 332, the data can be anonymized as required by any applicable anonymization rules. For example, the data can be extracted and copied into a generic format so that certain data can be removed, redacted, etc. The data can then be converted to the final output format); and transmitting and displaying the de-identified medical image in the input field or into the dialog thread pane of the messaging tool GUI (Westin – Paragraph [0078]: The data can then be converted to the final output format; and Paragraph [0081]: Output Module 213 can be configured to send an e-mail message to a SMTP server (not shown) and to send an MMS message to a MMS gateway (not shown); and Paragraph [0059]: Output Module 213 can be configured to accept calls from other parts of DCDS 32 containing general data, information to send, and number of delivery destinations; and Paragraph [0060]: when a service call is received by DCDS 32, Output Module 213 can assemble one MMS message packet containing a jpeg version of an image and message text, all combined and encoded according to the MMS specifications. This message can then be sent (as MMS or e-mail)).
Westin does not expressly teach and a third icon for capturing a snapshot of the at least one pane of the viewer GUI displaying the at least one medical image; receiving a third user input selecting the third icon for capturing the snapshot of the at least one pane of the viewer GUI; capturing the snapshot of the at least one pane of the viewer GUI displaying the at least one medical image; generating a de-identified medical image based on the snapshot.
However, Bharadwaj teaches and a third icon for capturing a snapshot of the at least one pane of the viewer GUI displaying the at least one medical image (Bharadwaj – Figure 3A-Figure 13: Various GUI views all including a “capture screen” icon; and Paragraph [0070]: View 210 also includes a capture screen option 228 that is selectable by the clinician to capture an image of the current screen shown on the display 102, for example, view 210, and save the captured image to memory. The capture screen option 228 may also be configured to remove patient specific data from the captured image to protect patient privacy. The removal of patient specific data may be an option selectable by the clinician and may be set to “on” by default. Any of the views described herein may include a capture screen option 228 as described above); receiving a third user input selecting the third icon for capturing the snapshot of the at least one pane of the viewer GUI; capturing the snapshot of the at least one pane of the viewer GUI displaying the at least one medical image (Bharadwaj – Paragraph [0070]: View 210 also includes a capture screen option 228 that is selectable by the clinician to capture an image of the current screen shown on the display 102, for example, view 210, and save the captured image to memory); generating a de-identified medical image based on the snapshot of the at least one pane of the viewer GUI displaying the at least one medical image, wherein the de-identified medical images excludes the PHI (Bharadwaj – Paragraph [0070]: View 210 also includes a capture screen option 228 that is selectable by the clinician to capture an image of the current screen shown on the display 102, for example, view 210, and save the captured image to memory. The capture screen option 228 may also be configured to remove patient specific data from the captured image to protect patient privacy. The removal of patient specific data may be an option selectable by the clinician and may be set to “on” by default).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Westin, further incorporating Bharadwaj to arrive at the conclusion of the claimed invention. One would be motivated to incorporate Bharadwaj’s teaching of a GUI that includes a selectable screen capture functionality that is configurable to remove patient specific data from the captured image into Westin’s method for anonymously sharing medical images throughout a PACS. This combination would allow a medical professional to instantly capture a displayed image for immediate communication while also limiting the risk of exposing patient personal information.
The combination of Westin and Bharadwaj does not expressly teach the second icon for invoking the messaging tool.
However, Jhaveri teaches the second icon for invoking the messaging tool (Jhaveri – Figures 11, 12, and 13: multiple GUI views including a worklist GUI, each view including its own chat icon, as well as illustrating chat icons to open individual chats with collaborators; and Paragraph [0088]: The patient workflow report may include a current imaging workflow for the patient including a list of acquired images, acquisition information for each of the current acquired images, collaboration information including communication information (e.g., phone number, chat interface, etc.) for each of the one or more team members for the imaging workflow, and a summary of one or more of priority of imaging, modality and imaging modes utilized, body parts images, and review; and Paragraph [0160]: Selection of one of the chat icons 1216 may launch an application where the current user may send text- and/or media-rich messages to the care provider whose name appears adjacent to the selected chat icon. For example, selection of a chat icon 1220 may launch a chat-based application on a display device; and Paragraph [0170} the Worklist page 1302 may include a list of collaborative users 1330. The list of collaborative users 1330 may include … a selectable chat icon 1338).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Westin and Bharadwaj, further incorporating Jhaveri to arrive at the conclusion of the claimed invention. One would be motivated to incorporate Jhaveri’s teaching to include multiple chat icons on each GUI viewer window in a collaborative medical care system into Westin and Bharadwaj’s method for anonymously sharing medical images throughout a PACS. This additional consideration would further ease communication between clinicians and bolsters the specific collaborator selection taught by Westin, relating patient information and images to their respective care providers for quick connection.
Regarding Claim 25:
Westin teaches A computer-implemented method for anonymous and secure sharing of at least one medical image through a messaging tool within a picture archiving and communication system (PACS) (Westin – Paragraph [0002]: The embodiments described herein are related to delivery of medical image records, and more particularly to the automatic encryption and conversion of medical image files for delivery to mobile devices and/or remote communication systems; and Paragraph [0006]: Most PACSs handle images from various medical imaging instruments, including US, MRI, PET, CT, and the like. Electronic images and reports are transmitted digitally via PACS; and Paragraph [0149]: The users are also provided with options to … chat about the images through an instant messaging program), the PACS comprising at least one imaging study including the at least one medical image captured by a medical imaging apparatus, wherein the at least one medical image includes associated digital imaging and communications in medicine (DICOM) data (Westin – Paragraph [0051]: FIG. 1 is a diagram illustrating an example system 100 for the automatic conversion and distribution of medical images to any of a plurality of output modalities. The term output modality is used to refer to various types of devices, systems, and services, several examples of which are provided below. As can be seen, system 100 can comprise a plurality of source medical imaging modalities 10, such as Ultrasound, MRI, CT and PET equipment, a local PACS 20 (typically source image archive-servers), or any other device capable of sending medical data such as DICOM data, commonly medical images; and Figure 19: example of a user interface highlighting a “DICOM Images” tab), the computer-implemented method comprising: displaying, on a workstation display, a first window providing a worklist graphical user interface (GUI), the worklist GUI including the at least one imaging study including the at least one medical image captured by the medical imaging apparatus and a first icon for invoking a messaging tool ((Westin – Figure 17: an overall GUI presented on a user computing device, including icons for accessing various access and communication functionalities regarding e.g. medical images; and Paragraph [0153]: FIG. 19 shows further detail of the main menu GUI, which provides: options to select DICOM images (where the main image workflows are found); and Inbox where the user will receive messages from the system or other users; a Recipients icon of patients or other users and contacts that can be easily found and contacted for sending images and messages; and Paragraph [0154]: FIG. 20 illustrates one embodiment of an image workflow, where an image or a study of images can be selected from a list for further review; and Paragraph [0155]: FIG. 21 illustrates a series of images as thumbnails that can be quickly reviewed before selecting one or more of them for further review. A list of actions is provided at the top of the GUI, and other icons on the thumbnails provide indications as to whether the thumbnail represents a video and whether it is of a particular image format (such as DICOM). The user may click or select one of the thumbnails to open the full image or video); receiving a first user input selecting the at least one imaging study; displaying, on the workstation display, a second window providing a viewer GUI, the viewer GUI including at least one pane displaying the at least one medical image of the selected at least one imaging study (Westin – Figure 17: an overall GUI presented on a user computing device, including icons for accessing various access and communication functionalities regarding e.g. medical images; and Paragraph [0154]: FIG. 20 illustrates one embodiment of an image workflow, where an image or a study of images can be selected from a list for further review; and Paragraph [0155]: FIG. 21 illustrates a series of images as thumbnails that can be quickly reviewed before selecting one or more of them for further review. A list of actions is provided at the top of the GUI, and other icons on the thumbnails provide indications as to whether the thumbnail represents a video and whether it is of a particular image format (such as DICOM). The user may click or select one of the thumbnails to open the full image or video); wherein the at least one medical image includes a DICOM data overlay layer comprising protected health information (PHI) of an imaged subject (Westin – Paragraph [0005]: In addition, DICOM file format differs from other data formats in that it groups information into data sets. For example, a file of a chest X-Ray image actually contains the patient ID within the file, so that the image can never be separated from this information by mistake; and Paragraph [0055]: Alternatively, the nurse or technician at the patient's facility can enter the patient's cellular phone number in the patient information field on the ultrasound machine. On receiving the, e.g., DICOM data file, DCDS 32 can be configured to then locate that number embedded in the DICOM data file, and automatically forward the converted image or video file after processing to the desired locations as specified by the patient; and Paragraph [0057]: Storage & Parser 204 can be configured to parse the received data and to store any image data 205 and all metadata 206 in storage system 214 … Storage & Parser 204 can be configured in certain implementations or under certain conditions to strip all sensitive patient information from the incoming data file. For example, an operator of the system can use a Graphical User Interface (GUI), such as a Web GUI 208 to selectively set the parts of metadata that are considered to be sensitive. Alternatively, the system can be programmed to automatically determine which fields in the meta data are sensitive. This process is called anonymization, and it is performed in order to protect the patient's privacy); receiving a second user input selecting the first icon for invoking the messaging tool [or the second icon for invoking the messaging tool] (Westin – Paragraph [0153]: FIG. 19 shows further detail of the main menu GUI, which provides: options to select … Inbox where the user will receive messages from the system or other users; a Recipients icon of patients or other users and contacts that can be easily found and contacted for sending images and messages); in response to receiving the second user input, displaying, on the workstation display, a third window providing a messaging tool GUI, the messaging tool GUI including an input field for identifying at least one recipient (Westin – Paragraph [0153]: FIG. 19 shows further detail of the main menu GUI, which provides: options to select … Inbox where the user will receive messages from the system or other users; a Recipients icon of patients or other users and contacts that can be easily found and contacted for sending images and messages; and Paragraph [0157]: In the Invite Collaborators tab, a user can invite more users to participate in a live diagnosis process. The invited users may receive a text message, email or phone call asking them to join in the live chat session. The user interface may be adopted for any type of computing device, including mobile phones and tablets, to allow other users to participate from any location and with any type of portable electronic device), a dialog thread pane, a message input field (Westin – Paragraph [0156]: FIG. 22 is an illustration of a real-time remote interactive collaboration GUI, where a medical image is displayed along with annotations that are made on the image by one or more users. A chat screen is shown where the users can type instant messages to each other in the process of discussing the diagnosis of the patient … This “Live Diagnosis Screen” is a real-time collaboration tool that updates all information in real-time and synchronizes edits between users, including the annotations, chats, actions, selected images, pins and other changes); generating a de-identified medical image based on [the snapshot of the at least one pane of the viewer GUI displaying] the at least one medical image, wherein the de-identified medical images excludes the PHI (Westin – Paragraph [0069]: FIG. 3 is a flow chart illustrating one example embodiment for an automated message creation operation performed by DCDS 32 in accordance with one embodiment. In the example of FIG. 3, it is assumed that destination information, e.g., output modality information is included in a medical image file received by DCDS 32. In other embodiments, a user can access DCDS 32, e.g., through GUI 208 and specify which files should be sent to which output modalities; and Paragraph [0078]: In step 332, the data can be anonymized as required by any applicable anonymization rules. For example, the data can be extracted and copied into a generic format so that certain data can be removed, redacted, etc. The data can then be converted to the final output format); and transmitting and displaying the de-identified medical image in the input field or into the dialog thread pane of the messaging tool GUI (Westin – Paragraph [0078]: The data can then be converted to the final output format; and Paragraph [0081]: Output Module 213 can be configured to send an e-mail message to a SMTP server (not shown) and to send an MMS message to a MMS gateway (not shown); and Paragraph [0059]: Output Module 213 can be configured to accept calls from other parts of DCDS 32 containing general data, information to send, and number of delivery destinations; and Paragraph [0060]: when a service call is received by DCDS 32, Output Module 213 can assemble one MMS message packet containing a jpeg version of an image and message text, all combined and encoded according to the MMS specifications. This message can then be sent (as MMS or e-mail)).
Westin does not expressly teach and a third icon for capturing a snapshot of the at least one pane of the viewer GUI displaying the at least one medical image; and a fourth icon for capturing a snapshot of the at least one pane of the viewer GUI displaying the at least one medical image; receiving a third user input selecting the third icon for capturing the snapshot or the fourth icon for capturing the snapshot; capturing the snapshot of the at least one pane of the viewer GUI displaying the at least one medical image; generating a de-identified medical image based on the snapshot.
However, Bharadwaj teaches and a third icon for capturing a snapshot of the at least one pane of the viewer GUI displaying the at least one medical image (Bharadwaj – Figure 3A-Figure 13: Various GUI views all including a “capture screen” icon; and Paragraph [0070]: View 210 also includes a capture screen option 228 that is selectable by the clinician to capture an image of the current screen shown on the display 102, for example, view 210, and save the captured image to memory. The capture screen option 228 may also be configured to remove patient specific data from the captured image to protect patient privacy. The removal of patient specific data may be an option selectable by the clinician and may be set to “on” by default. Any of the views described herein may include a capture screen option 228 as described above); and a fourth icon for capturing a snapshot of the at least one pane of the viewer GUI displaying the at least one medical image (Bharadwaj – Figure 3A-Figure 13: Various GUI views all including a “capture screen” icon; and Paragraph [0070]: View 210 also includes a capture screen option 228 that is selectable by the clinician to capture an image of the current screen shown on the display 102, for example, view 210, and save the captured image to memory. The capture screen option 228 may also be configured to remove patient specific data from the captured image to protect patient privacy. The removal of patient specific data may be an option selectable by the clinician and may be set to “on” by default. Any of the views described herein may include a capture screen option 228 as described above); receiving a third user input selecting the third icon for capturing the snapshot or the fourth icon for capturing the snapshot; capturing the snapshot of the at least one pane of the viewer GUI displaying the at least one medical image (Bharadwaj – Paragraph [0070]: View 210 also includes a capture screen option 228 that is selectable by the clinician to capture an image of the current screen shown on the display 102, for example, view 210, and save the captured image to memory … Any of the views described herein may include a capture screen option 228 as described above); generating a de-identified medical image based on the snapshot of the at least one pane of the viewer GUI displaying the at least one medical image, wherein the de-identified medical images excludes the PHI (Bharadwaj – Paragraph [0070]: View 210 also includes a capture screen option 228 that is selectable by the clinician to capture an image of the current screen shown on the display 102, for example, view 210, and save the captured image to memory. The capture screen option 228 may also be configured to remove patient specific data from the captured image to protect patient privacy. The removal of patient specific data may be an option selectable by the clinician and may be set to “on” by default).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Westin, further incorporating Bharadwaj to arrive at the conclusion of the claimed invention. One would be motivated to incorporate Bharadwaj’s teaching of a GUI that includes a selectable screen capture functionality that is configurable to remove patient specific data from the captured image into Westin’s method for anonymously sharing medical images throughout a PACS. This addition enhances the method by providing fast, convenient means to capture images in real-time, while maintaining the capability to protect patient information when storing and/or sharing the captured images.
The combination of Westin and Bharadwaj does not expressly teach the viewer GUI including … the second icon for invoking the messaging tool.
However, Jhaveri teaches the viewer GUI including … the second icon for invoking the messaging tool (Jhaveri – Figures 11, 12, and 13: multiple GUI views including viewer and worklist GUIs, each view including its own chat icon, as well as illustrating chat icons to open individual chats with collaborators; and Paragraph [0088]: The patient workflow report may include a current imaging workflow for the patient including a list of acquired images, acquisition information for each of the current acquired images, collaboration information including communication information (e.g., phone number, chat interface, etc.) for each of the one or more team members for the imaging workflow, and a summary of one or more of priority of imaging, modality and imaging modes utilized, body parts images, and review; and Paragraph [0160]: Selection of one of the chat icons 1216 may launch an application where the current user may send text- and/or media-rich messages to the care provider whose name appears adjacent to the selected chat icon. For example, selection of a chat icon 1220 may launch a chat-based application on a display device; and Paragraph [0170} the Worklist page 1302 may include a list of collaborative users 1330. The list of collaborative users 1330 may include … a selectable chat icon 1338).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Westin and Bharadwaj, further incorporating Jhaveri to arrive at the conclusion of the claimed invention. One would be motivated to incorporate Jhaveri’s teaching to include multiple chat icons on each GUI viewer window in a collaborative medical care system into Westin and Bharadwaj’s method for anonymously sharing medical images throughout a PACS. This additional consideration would further ease communication between clinicians and bolsters the specific collaborator selection taught by Westin, relating patient information and images to their respective care providers for quick connection.
Claim(s) 7, 15, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Westin, in view of Bharadwaj and Macdonald et al. (Macdonald, J. A., Morgan, K. R., Konkel, B., Abdullah, K., Martin, M., Ennis, C., Lo, J. Y., Stroo, M., Snyder, D. C., & Bashir, M. R. (2024). A method for efficient de-identification of DICOM metadata and burned-in pixel text. Journal of Imaging Informatics in Medicine, 37(5), 1–7. https://doi.org/10.1007/s10278-024-01098-7), hereinafter Macdonald.
Regarding Claim 7:
The combination of Westin and Bharadwaj teaches the computer-implemented method of claim 1.
The combination of Westin and Bharadwaj does not expressly teach wherein generating the de-identified medical image based on the snapshot comprises: determining a location of the PHI in each of the at least one pane displaying the at least one medical image; generating a mask layer occluding the PHI in each of the at least one pane displaying the at least one medical image; and generating the de-identified medical image by combining the mask layer occluding the PHI with the snapshot.
However, Macdonald teaches wherein generating the de-identified medical image based on the snapshot comprises: determining a location of the PHI in each of the at least one pane displaying the at least one medical image; generating a mask layer occluding the PHI in each of the at least one pane displaying the at least one medical image; and generating the de-identified medical image by combining the mask layer occluding the PHI with the snapshot (Macdonald – P. 2663, R. Col. and P. 2664m L. Col.: The final stage of the method involved applying a custom-trained OCR model to images identified as high-risk for burned-in pixel PHI ... To preserve potentially useful burned-in text, any text detected by the OCR model was checked to see if it matched an approved text pattern ... If the text matched neither, it was blacked out to create the final de-identified image; and P. 2665: Fig. 2: example of de-identified image by masking PHI in image).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Westin and Bharadwaj, further incorporating Macdonald to arrive at the conclusion of the claimed invention. One would be motivated to incorporate Macdonald’s teaching to detect PHI in a medical image and add a masking layer over the PHI to create a de-identified medical image into Westin and Bharadwaj’s method for anonymously sharing medical images throughout a PACS. Adding a particular technique to the optional anonymization of sensitive patient information taught by Westin enhances the method with practicality and precision.
Regarding Claim 15:
Claim 15 is a computer program product claim with limitations corresponding to those of method Claim 7. Therefore, Claim 15 is rejected with the same combination and rationale.
Regarding Claim 22:
Claim 22 is a computer program product claim with limitations corresponding to those of method Claim 7 and system claim 15. Therefore, Claim 20 is rejected with the same combination and rationale.
Claim(s) 8, 16, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Westin, in view of Bharadwaj and Dominick et al. (US 20140214683 A1), hereinafter Dominick.
Regarding Claim 8:
The combination of Westin and Bharadwaj teaches the computer-implemented method of claim 1.
The combination of Westin and Bharadwaj does not expressly teach wherein generating the de-identified medical image based on the snapshot comprises: creating a copy of the snapshot of the at least one pane of the viewer GUI displaying the at least one medical image; suppressing the PHI found in the DICOM data overlay layer of each of the at least one medical image captured in the snapshot; and utilizing the copy of the snapshot of the at least one pane of the viewer GUI with the PHI from the DICOM data overlay layer suppressed as the de-identified medical image.
However, Dominick teaches wherein generating the de-identified medical image based on the snapshot comprises: creating a copy of the snapshot of the at least one pane of the viewer GUI displaying the at least one medical image; suppressing the PHI found in the DICOM data overlay layer of each of the at least one medical image captured in the snapshot; and utilizing the copy of the snapshot of the at least one pane of the viewer GUI with the PHI from the DICOM data overlay layer removed as the de-identified medical image (Dominick – Paragraph [0014]: a computer-based method is disclosed for providing a transfer function for security-critical medical data records, particularly image data records, with PHI sections from a source application to a destination application; and Paragraph [0050]: The term "transfer function" comprises a copy and paste functionality for contents, particularly image contents, that are to be protected or that are security-critical; and Paragraph [0053]: The image data are medical data records, particularly image data that are captured using imaging appliances … the image data are preferably in a DICOM format. They comprise not only the image information but also patient-identifying information (name, identity (e.g. unique personal number, etc.), age, sex, supplementary information (such as anamnesis data, diagnoses)). The image data therefore comprise PHI data that are not permitted to leave the secure environment; and Paragraph [0054]: The anonymized image data are characterized in that all sections or components that identify the patient have been manipulated or removed from the data record. The anonymized image data can also be de-identified using different measures and then contain no further (patient) identifying pointers. To this end, predeterminable parameters can be eliminated from the data record, generalized, replaced or otherwise manipulated in a specific and decided manner; and Paragraph [0069]: The user has loaded patient data in a medical application and, by way of example, selects one of the or else a plurality of patient images and executes the `Clipboard Copy` function. The medical application now stores each image twice, both the encrypted original image and an anonymized version (preferably created on the fly) of the same image that no longer contains a patient identity).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify Westin and Bharadwaj, further incorporating Dominick to arrive at the conclusion of the claimed invention. One would be motivated to incorporate Dominick’s teaching to create a de-identified copy of a medical image for anonymous transmission of the image into Westin and Bharadwaj’s method for anonymously sharing medical images throughout a PACS. This addition would help to preserve patient privacy while communication medical images, as well as enhancing the security of the original images, allowing only authorized access to the images that contain PHI.
Regarding Claim 16:
Claim 16 is a computer program product claim with limitations corresponding to those of method Claim 8. Therefore, Claim 16 is rejected with the same combination and rationale.
Regarding Claim 23:
Claim 23 is a computer program product claim with limitations corresponding to those of method Claim 8 and system claim 16. Therefore, Claim 20 is rejected with the same combination and rationale.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Vesper et al. (US 20110153351 A1) teaches systems and methods for sharing medical images which contemplates presenting associated PHI as an overlay of a corresponding medical image to avoid unnecessary exposure of the PHI
Brokalla (US 10607735 B2) teaches rendering systems for medical imaging applications wherein private patient information is protected during exchange of the medical images
Romatoski et al. (US 20140330573 A1) teaches a method for modifying medical images in order to protect patient information during transmission of the images
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 NICHOLAS JOSEPH DILUZIO whose telephone number is (703)756-1229. The examiner can normally be reached Mon - Fri -- 7:30 AM - 5 PM.
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, Yin-Chen Shaw can be reached at 571-272-8878. 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.
/NICHOLAS JOSEPH DILUZIO/Examiner, Art Unit 2498
/YIN CHEN SHAW/Supervisory Patent Examiner, Art Unit 2498
Prosecution Insights