DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4, 8, 10-14, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Leipzig(US20150215753A1) in view of Chung(US20240256965A1), Wang(US20210049387A1), and Ahmed(US12042252B2).
Claim 1
Leipzig discloses:
A method for autonomous patient monitoring in a telehealth system, the method comprising: displaying a user interface at a provider device(Figure 3, Leipzig discloses provider device user interface examples), the user interface including a care location menu(Para 0207, Leipzig discloses medical provider contacts), a video window(Figure 1, Leipzig discloses a video window), (Para 0207, Leipzig discloses contacts including urgent call centers); receiving a selection of at least one care location from a user via a user input device(Para 0260, Leipzig discloses menu list selection); displaying video received from a camera installed at the selected care location in the video window(Figure 1, Leipzig discloses displaying a video from a camera at a potential care site); receiving a prompt via the prompt editor, the (Para 0266, Leipzig discloses event information and actions to be taken), wherein the (Para 0179, Leipzig discloses an API) to a via an MMLLM interface(Figure 7, Leipzig discloses an intelligent event notification engine, which can be an MMLLM interface), the API call including an instruction to notify a response handler(Para 0261, Leipzig discloses an event notification engine which sends notifications to 911, urgent response centers, or authorized users) when (Para 0261, Leipzig discloses an event notification engine which sends notifications to 911, urgent response centers, or authorized users); and performing the action included in the prompt.
Leipzig does not explicitly disclose:
prompt editor
prompt comprising a text string
displays a list of events and a list of actions and receiving the prompt includes receiving a selection of at least one event and at least one action
multi-media large language model (MMLLM)
event is detected in the video received from the care location
Chung discloses:
prompt editor(Para 0214, Chung discloses prompt engineering tools)
the prompt comprising a text string(Para 0049, Chung discloses string-based inputs)
multi-media large language model (MMLLM)(Para 0178, Chung discloses large language model)
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the remote care and monitoring system of Leipzig to add prompt editor, a prompt comprising a text string, and large language model, as taught by Chung. One of ordinary skill would have been so motivated to provide a means to simplify the intermediary processes of telehealth, but in this case, for fine-tuning machine learned models using intermediate steps (Para 0003, Chung discloses: “The computer can update parameters of the model based on the feedback to improve its performance. In this manner, the computer can iteratively “learn” to generate the desired outputs, which when utilized in healthcare settings, can potentially improve patient outcomes”).
Chung does not explicitly disclose:
prompt editor displays a list of events and a list of actions and receiving the prompt includes receiving a selection of at least one event and at least one action
event is detected in the video received from the care location
Wang discloses:
event is detected in the video received from the care location(Para 0233, Wang discloses event detection from video)
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the remote care and monitoring system of Leipzig to add event detection in video, as taught by Wang. One of ordinary skill would have been so motivated to provide a means to identify pertinent events in a video to detect potential emergencies or non-adherence to a care plan, but in this case, for a system which monitors driving state (Para 0004, Wang discloses: “A poor driving state of the driver may lead to a decline in judgment ability, or even mind wandering or transient memory loss, resulting in unsafe factors such as delayed or premature driving action, unscheduled operation or improper correction time, and thus, road traffic accidents are very likely to occur.”).
Wang does not explicitly disclose:
displays a list of events and a list of actions and receiving the prompt includes receiving a selection of at least one event and at least one action
Ahmed discloses:
displays a list of events(Fig. 9, Ahmed discloses a list of events on a GUI) and a list of actions(Col. 57, Line 35, Ahmed discloses a status indicator with a plurality of patient action items on a GUI) and receiving the prompt includes receiving a selection of at least one event and at least one action(Col. 48, Line 22, Ahmed discloses user selection patient care action items)
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the remote care and monitoring system of Leipzig to add displays a list of events and a list of actions and receiving the prompt includes receiving a selection of at least one event and at least one action, as taught by Ahmed. One of ordinary skill would have been so motivated to provide a means to identify pertinent events and actions, but in this case, for a remote patient management and monitoring system(Para 0004, Ahmed discloses: “Various systems and methods have been proposed or implemented to provide wireless communication links between patients and remotely-located care providers, allowing patients to receive care while reducing the risk of being infected from or infecting other patients, and/or the risk of infecting the care providers.”).
Claim 2
Leipzig discloses:
The method of claim 1, wherein the action includes transmitting an alert to a user device(Para 0113, Leipzig discloses mobile application alerts).
Claim 3
Leipzig discloses:
The method of claim 2, wherein the alert is transmitted to the user device using a short message service (SMS)(Para 0140, Leipzig discloses SMS).
Claim 4
Leipzig discloses:
The method of claim 2, wherein the alert transmitted to the user includes a description of the event(Para 0266, Leipzig discloses an alert that may contain event information) and the care location where the event was detected(Para 0219, Leipzig discloses location alert).
Claim 8
Leipzig discloses:
The method of claim 1, wherein the user interface includes an event history window that displays a list of timestamped events detected in the video(Para 0035, Leipzig discloses logging timestamp video/images) received from the care location history of alerts(Para 0187, Leipzig discloses timestamped video snippet history).
Claim 10
Leipzig, Chung, and Wang do not explicitly disclose:
The method of claim 1, wherein the prompt includes a plurality of events and a corresponding plurality of actions to be performed when each respective event is detected.
Ahmed discloses:
The method of claim 1, wherein the prompt includes a plurality of events(Fig. 9, Ahmed discloses a list of events on a GUI) and a corresponding plurality of actions(Col. 57, Line 35, Ahmed discloses a status indicator with a plurality of patient action items on a GUI) to be performed when each respective event is detected(Col 16, Line 14, Ahmed discloses providing treatment recommendation based on physiological parameters).
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the remote care and monitoring system of Leipzig to add plurality of events and a corresponding plurality of actions to be performed when each respective event is detected, as taught by Ahmed. One of ordinary skill would have been so motivated to provide a means to identify pertinent events and actions, but in this case, for a remote patient management and monitoring system(Para 0004, Ahmed discloses: “Various systems and methods have been proposed or implemented to provide wireless communication links between patients and remotely-located care providers, allowing patients to receive care while reducing the risk of being infected from or infecting other patients, and/or the risk of infecting the care providers.”).
Claim 11
Claim 11 recites similar limitations as claim 1. See claim 1 analysis.
Claim 12
Claim 12 recites similar limitations as claim 2. See claim 2 analysis.
Claim 13
Claim 13 recites similar limitations as claim 3. See claim 3 analysis.
Claim 14
Claim 14 recites similar limitations as claim 4. See claim 4 analysis.
Claim 18
Claim 18 recites similar limitations as claim 8. See claim 8 analysis.
Claim 20
Claim 20 recites similar limitations as claim 10. See claim 10 analysis.
Claims 6-7 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Leipzig(US20150215753A1) in view of Chung(US20240256965A1), Wang(US20210049387A1), Ahmed(US12042252B2), and Derenne(US20180068179A1).
Claim 6
Leipzig, Chung, Wang, and Ahmed do not explicitly disclose:
The method of claim 1, wherein the event includes a patient getting out of bed.
Derenne discloses:
The method of claim 1, wherein the event includes a patient getting out of bed(Para 0070, Derenne discloses video monitoring of patients getting out bed).
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the remote care and monitoring system of Leipzig to add event includes a patient getting out of bed, as taught by Derenne. One of ordinary skill would have been so motivated to provide a means to identify pertinent events to better determine a potential emergency, but in this case, for a video monitoring system(Para 0003, Derenne discloses: “Such patient care assistance results from the analysis of video camera images that are used for any one or more of the following purposes: preventing patient falls, reducing the chances and/or spread of infection, ensuring patient care protocols are properly executed, and/or monitoring patient activity.”).
Claim 7
Leipzig, Chung, Wang, and Ahmed do not explicitly disclose:
The method of claim 1, wherein the event includes a patient’s blood pressure exceeding a specified threshold.
Derenne discloses:
The method of claim 1, wherein the event includes a patient’s blood pressure exceeding a specified threshold(Para 0309, Derenne discloses blood pressure increasing comparatively based on patient position).
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the remote care and monitoring system of Leipzig to add event includes a patient’s blood pressure exceeding a specified threshold, as taught by Derenne. One of ordinary skill would have been so motivated to provide a means to identify pertinent events to better determine a potential emergency, but in this case, for a video monitoring system(Para 0003, Derenne discloses: “Such patient care assistance results from the analysis of video camera images that are used for any one or more of the following purposes: preventing patient falls, reducing the chances and/or spread of infection, ensuring patient care protocols are properly executed, and/or monitoring patient activity.”).
Claim 16
Claim 16 recites similar limitations as claim 6. See claim 6 analysis.
Claim 17
Claim 17 recites similar limitations as claim 7. See claim 7 analysis.
Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Leipzig(US20150215753A1) in view of Chung(US20240256965A1), Wang(US20210049387A1), Ahmed(US12042252B2), and Gaskill(US20180052913A1).
Claim 9
Leipzig, Chung, Wang, and Ahmed do not explicitly disclose:
The method of claim 1, wherein the prompt editor displays a notification when an element included in the prompt cannot be identified in the video received from the care location.
Gaskill discloses:
The method of claim 1, wherein the prompt editor displays a notification when an element included in the prompt cannot be identified(Para 0130, Gaskill discloses the generation of a prompt that no item meets the specified search criteria) in the video received from the care location.
Before the effective filing date of the claimed invention, it would have been obvious to one of
ordinary skill in the art to have modified the remote care and monitoring system of Leipzig to add displays a notification when an element included in the prompt cannot be identified, as taught by Gaskill. One of ordinary skill would have been so motivated to provide a means to highlight elements that cannot be found in video to potentially determine an emergency, but in this case, for a system which allows selection of user prompts(Para 0005, Gaskill discloses: “s selection balloons to billions of items online, comparison searching has become more important than ever, while current solutions were not designed for this scale. Irrelevant results are often shown and do not bring out the best results.”).
Claim 19
Claim 19 recites similar limitations as claim 9. See claim 9 analysis.
Response to Arguments
35 U.S.C. 103
A routine search has revealed new art that was not applied in the prior rejections, which are pertinent to the claims that previously identified as subject matter free of prior art. The new art has been utilized in the rejection so the claims.
Therefore, arguments provided by the applicant is moot based on the new grounds of rejections and new art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Greer(US20050200486A1) discloses a patient visual monitoring system. Some disclosures for this invention are similar to that of this instant pending application.
Muhsin(US20230329649A1) discloses a patient position detection system. Some disclosures for this invention are similar to that of this instant pending application.
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/S.G.P./Examiner, Art Unit 3685
/KAMBIZ ABDI/Supervisory Patent Examiner, Art Unit 3685
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