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 .
Information Disclosure Statement
The Information Disclosure Statement(s) filed on 08 October 2024, has been considered by the Examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is directed toward “A computer-implemented method…”, however recites limitations, such as, “h) the graphical user interface includes” and “D) a healthcare program that incorporates subprograms”, as per MPEP 2173.05(p), “A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 1318, 97 USPQ2d 1737, 1748-49 (Fed. Cir. 2011).”. As the claim is directed toward a method, yet recites recitations that are out of scope of the method and are directed toward a system, the claim is indefinite. See MPEP 2173.05(p).
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites a method for personal healthcare record keeping and communication of healthcare information between a user and medical organizations. The limitations of:
[…] a medical record database, b) the medical record database having a plurality healthcare information [… saved …] therein, c) […] to allow secure access to the healthcare information, e) a patient [… communication …] to the medical record database, f) the patient [… communication …] for editing and [… saving …] the healthcare information in the medical record database after access has been granted, g) the [… communication …] includes a body image for medical data input,
h) an authorized user [… communication …] configured to allow access to a patient management [… communication …], said patent management [… communication …] allows access to the healthcare information in the medical record database for creating and updating, i) a date and time stamp log configured to record access to the authorized user [… communication …], h) a healthcare provider [… communication …] configured to allow secure access to the healthcare information, i) an authorized [… communication …] configured to allow secure access to the healthcare information, B) utilizing […] the healthcare provider [… communication …] to obtain access to the healthcare information, C) utilizing the […] patient [… communication …] to update the medical record database, D) a healthcare program that incorporates sub programs comprising: a) a user healthcare intake program, b) a medical information scanning program for a camera image, c) a prioritizing program which sorts medical history based on date, d) a GPS program that facilitates communication about a user location, e) a form assist program that prefills patient information input fields, f) a data capture program obtaining medical information from: documents made by word processing programs, documents made by image processing programs, and medical databases, E) whereby the healthcare information accessed by the patient [… communication …] and is communicated to a healthcare organization.
, as drafted, is a method which under its broadest reasonable interpretation, covers a method of organizing human activity (i.e., managing personal behavior including following rules or instructions) via human interaction with generic computer components. That is, by a human user interacting with a personal healthcare record keeping system, a storage server, a health card having either a readable magnetic strip or a readable microchip, various graphical user interfaces, and a display screen, the claimed invention amounts to managing personal behavior or interaction between people, the Examiner notes as stated in 2106.04(a)(2), “certain activity between a person and a computer… may fall within the “certain methods of organizing human activity” grouping”. For example, by a human user interacting with a personal healthcare record keeping system, a storage server, a health card having either a readable magnetic strip or a readable microchip, various graphical user interfaces, and a display screen, the claim encompasses a human user interaction with various displays of data to organize providing data to various medical organizations. If a claim limitation, under its broadest reasonable interpretation, covers managing personal behavior or interactions between people but for the recitation of generic computer components, then it falls within the “method of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements of a personal healthcare record keeping system, a storage server, and a display screen, which implements the abstract idea. The a personal healthcare record keeping system, a storage server, and a display screen are recited at a high-level of generality (i.e., a general-purpose computers/ computer component implementing generic computer functions; see Figures 1, 25, paragraphs [0062], [0099]-[0112]) such that it amounts no more than mere instructions to apply the exception using generic computer components. Accordingly, these additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim recites the additional elements of “a plurality healthcare information stored therein”, a health card having either a readable magnetic strip or a readable microchip, various graphical user interfaces and “is communicated”. The “a plurality healthcare information stored therein” is recited at a high-level of generality. (i.e., as a general means of storing data) and amounts to the mere storage of data, which is a form of extra-solution activity. The health card having either a readable magnetic strip or a readable microchip is recited at a high-level of generality (i.e., using a card to provide access) and amounts to generally linking the abstract idea to a particular technological environment. The various graphical user interfaces are recited at a high level of generality (simply outputting data on a generic display for a user) and amounts to simply output of data, which is a form of extra-solution activity. The “is communicated” Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of a personal healthcare record keeping system, a storage server, and a display screen, to perform the noted steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept (“significantly more”).
Also, as discussed above with respect to integration of the abstract idea into a practical application, the additional elements of “a plurality healthcare information stored therein”, a health card having either a readable magnetic strip or a readable microchip, various graphical user interfaces and “is communicated” were considered post/extra-solution activity and/or generally linking to a particular technological environment. The “a plurality healthcare information stored therein” has been re-evaluated under the “significantly more” analysis and determined to amount to be well-understood, routine, and conventional elements/functions. As described in MPEP 2106.05(d)(II)(iv) “Storing and retrieving information in memory” is well-understood, routine, and conventional. The health card having either a readable magnetic strip or a readable microchip. The various graphical user interfaces have been reevaluated under the “significantly more” analysis and determined to amount to be well-understood, routine, and conventional elements/functions. As described in Miller (2013/0175334): at least Figures 3-4; Duma (2012/0179908): at least Figure 9; Berkman (2009/0112627): see at least Figures 4-8; displaying various user interfaces to connect multiple user's to shared data is well-understood, routine and conventional. The “is communicated” steps have been re-evaluated under the “significantly more” analysis and determined to amount to be well-understood, routine, and conventional elements/functions. As described in MPEP 2106.05(d)(II)(i) “Receiving or transmitting data over a network” is well-understood, routine, and conventional. Well-understood, routine, and conventional elements/functions cannot provide “significantly more.” As such the claim is not patent eligible.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent App. No. 2013/0175334 (hereafter “Miller”; already of record in the IDS), in view of U.S. Patent App. No. 2012/0179908 (hereafter “Duma”; already of record in the IDS), further in view of U.S. Patent App. No. 2009/0112627 (hereafter “Berkman”).
Regarding claim 1, Miller teaches a computer-implemented method for a personal healthcare record keeping system and a patient interface that provides updated and secured healthcare information to medical organizations (Miller: Figures 1-5, paragraph [0002], “electronic medical record-keeping solutions”, paragraph [0004], “a computer system that implements a web-based portal for receiving and managing medical information”. Also see, paragraph [0016]), the method comprising:
A) providing a system comprising: a) a storage server including a medical record database (Miller: paragraphs [0002]- [0004], “electronic medical record-keeping solutions… This medical information is then stored in a personal website or other Internet accessible account designated for the individual”, paragraphs [0017]-[0019], “a central computer system 12 for receiving, storing and managing medical information… the central computer system 12 provides a web-based portal that serves as a repository for medical information and related information and that may be accessed by individuals, medical professionals, emergency personnel, and others… a database server”),
b) the medical record database having a plurality healthcare information stored therein (Miller: paragraph [0002], “electronic medical record-keeping solutions”, paragraph [0004], “This medical information is then stored in a personal website or other Internet accessible account designated for the individual”, paragraph [0017]-[0019], “a central computer system 12 for receiving, storing and managing medical information… the central computer system 12 provides a web-based portal that serves as a repository for medical information and related information and that may be accessed by individuals, medical professionals, emergency personnel, and others”),
c) a health card […], d) the health card configured to allow secure access to the healthcare information (Miller: paragraphs [0004]-[0005], “The individual is then given a card… which the QR code is printed… The card, tag, etc. may later be scanned with a smart phone or other device with a QR reader to access the medical information in the account”. Also see, paragraph [0025]),
e) a patient interface to the medical record database (Miller: Figures 2, 4-5, paragraph [0004], “An individual may access the portal and enter medical information”, paragraph [0028], “the computer system 12 presents an on-line template that may be accessed with one of the computers 14, 16 and populated with requested medical information”, paragraph [0033], “The individual… may then scan the code with a mobile phone or any other device with a QR reader as depicted in FIG. 2. A web browser on the mobile phone then opens the website associated with the code so that the person operating the mobile phone can view the medical information stored in the medical account as depicted in block 410”),
f) the patient interface configured to have a display screen with a graphical user interface for editing and storing the healthcare information in the medical record database after access has been granted (Miller: Figures 4-5, paragraphs [0005], “an account holder may scan his own card or tag to access his medical information… update or supplement the medical information in the account”, paragraphs [0033]-[0034], “the account holder may scan his own card or tag to access his medical information and may then instruct the computer system to e-mail or otherwise transfer some or all of the medical information to a computer system operated by a doctor, hospital, etc.… the mobile phone or other device may be presented with the screen shown in FIG. 3. This screen allows the person operating the mobile phone to access any of the stored medical information for the individual by pressing a virtual button or other input on a touch screen display”), […],
h) an authorized user interface configured to allow access to a patient management interface, said patent management interference allows access to the healthcare information in the medical record database for creating and updating (Miller: Figures 4-5, paragraphs [0005], “The account holder, or anyone authorized by the account holder, may also scan the QR code, provide log-in information, and then update or supplement the medical information in the account”, paragraph [0019], “the central computer system 12 may comprise a web server 30… servers 30-36 may host and support software and services… depend on the number of accounts stored in the system and the number of requests and other queries received by the system 12”, paragraph [0033], “A web browser on the mobile phone then opens the website associated with the code so that the person operating the mobile phone can view the medical information stored in the medical account as depicted in block 410… anyone authorized by the account holder, may also scan the QR code, provide log-in information, and then update or supplement the medical information in the account". Also see, paragraph [0039]. The Examiner notes the web server of the computer system reads on a patient management interface under the broadest reasonable interpretation. Additionally, the Examiner notes that "for creating and updating" is an intended use of the patient management interface that is not required to occur. This feature has been fully considered by the Examiner; however, the limitation does not provide patentable distinction over the cited prior art because it is an intended use or result of the patient management interface), […],
h) a healthcare provider interface configured to allow secure access to the healthcare information (Miller: Figures 4-5, paragraphs [0005], “an ambulance operator or other first responder who is treating an accident victim may locate the victim's QR card, tag, etc., scan the QR code on the card or tag, and then nearly instantly access and view all the medical information in the victim's account”, paragraph [0033], “The individual, an emergency responder, a doctor, or anyone else may then scan the code with a mobile phone or any other device with a QR reader as depicted in FIG. 2. A web browser on the mobile phone then opens the website associated with the code so that the person operating the mobile phone can view the medical information stored in the medical account as depicted in block 410”. Also see, paragraph [0021]),
i) an authorized user interface configured to allow secure access to the healthcare information (Miller: Figures 4-5, paragraphs [0005], “The account holder, or anyone authorized by the account holder, may also scan the QR code, provide log-in information, and then update or supplement the medical information in the account”, paragraph [0033], “A web browser on the mobile phone then opens the website associated with the code so that the person operating the mobile phone can view the medical information stored in the medical account as depicted in block 410… anyone authorized by the account holder, may also scan the QR code, provide log-in information, and then update or supplement the medical information in the account”. Also see, paragraph [0039]),
B) utilizing the health card and the healthcare provider interface to obtain access to the healthcare information (Miller: Figures 4-5, paragraphs [0005], “an ambulance operator or other first responder who is treating an accident victim may locate the victim's QR card, tag, etc., scan the QR code on the card or tag, and then nearly instantly access and view all the medical information in the victim's account”, paragraph [0033], “The individual, an emergency responder, a doctor, or anyone else may then scan the code with a mobile phone or any other device with a QR reader as depicted in FIG. 2. A web browser on the mobile phone then opens the website associated with the code so that the person operating the mobile phone can view the medical information stored in the medical account as depicted in block 410”. Also see, paragraph [0021]),
C) utilizing the health card and the patient interface to update the medical record database (Miller: Figures 4-5, paragraphs [0005], “an account holder may scan his own card or tag to access his medical information… update or supplement the medical information in the account”, paragraph [0033], “the account holder may scan his own card or tag to access his medical information and may then instruct the computer system to e-mail or otherwise transfer some or all of the medical information to a computer system operated by a doctor, hospital, etc.”),
D) a healthcare program that incorporates sub programs (Miller: Figures 3-5, paragraph [0018]-[0019], “The central computer system 12 also includes conventional web hosting operating software… One of the servers 30-36 may host and support software and services”, paragraph [0024], “one or more computer programs stored in or on computer-readable medium residing on or accessible by the central computer system”) comprising:
a) a user healthcare intake program (Miller: Figures 4-5, paragraphs [0005], “an account holder may scan his own card or tag to access his medical information… update or supplement the medical information in the account”, paragraphs [0033]-[0034], “the account holder may scan his own card or tag to access his medical information and may then instruct the computer system to e-mail or otherwise transfer some or all of the medical information to a computer system operated by a doctor, hospital, etc.… the mobile phone or other device may be presented with the screen shown in FIG. 3. This screen allows the person operating the mobile phone to access any of the stored medical information for the individual by pressing a virtual button or other input on a touch screen display”), […]
E) whereby the healthcare information accessed by the patient interface and is communicated to a healthcare organization (Miller: Figures 4-5, paragraphs [0005], “an account holder may scan his own card or tag to access his medical information… update or supplement the medical information in the account”, paragraphs [0033]-[0034], “the account holder may scan his own card or tag to access his medical information and may then instruct the computer system to e-mail or otherwise transfer some or all of the medical information to a computer system operated by a doctor, hospital, etc.… the mobile phone or other device may be presented with the screen shown in FIG. 3. This screen allows the person operating the mobile phone to access any of the stored medical information for the individual by pressing a virtual button or other input on a touch screen display”).
Miller may not explicitly teach (Underlined below for clarity):
c) a health card having either a readable magnetic strip or a readable microchip,
i) a date and time stamp log configured to record access to the authorized user interface,
b) a medical information scanning program for a camera image,
d) a GPS program that facilitates communication about a user location,
e) a form assist program that prefills patient information input fields,
f) a data capture program obtaining medical information from: documents made by word processing programs, documents made by image processing programs, and medical databases,
Duma teaches c) a health card having either a readable magnetic strip or a readable microchip (Duma: paragraph [0055], “Portable storage media 101 can be any medium that allows a user to transport and access digital information quickly and easily. Examples of such media include, for example… a magnetic card strip similar to a credit card…an RFID that allows for storage of a secure portable reference could also act as portable storage media 101”. Also see, paragraph [0041], [0067]),
i) a date and time stamp log configured to record access to the authorized user interface (Duma: Figure 2, paragraph [0017], “the MDR provides an encrypted set of data including a link URL, an identification number for the patient, a hospital identifier, a time stamp, and records this information into a file or files”, paragraph [0057], “The encrypted information in the secure portable reference 105 may include a link URL 208, a patient identifier 207, a hospital identifier 206, a timestamp or date 205, and a counter 204”, paragraph [0062], “the secure portable reference 105 could contain multiple time stamps… A timestamp can consist of a date, date and time, or time period recognized in any standard time format such as ISO 8601 or UTC. This field can be updated or created by the security module 202 each time the link URL is used to access medical data”, claim 4, “a date recorded timestamp; a last accessed timestamp”. The Examiner notes recording the dates and timestamps of access to medical data teaches what is required of the claim under the broadest reasonable interpretation),
b) a medical information scanning program for a camera image (Duma: paragraph [0042], “Scanning software and scanning devices are broad terms and are to be given their ordinary and customary meanings to a person of ordinary skill in the art (i.e., it is not to be limited to a special or customized meaning) and includes, without limitation, cameras, scanners, portable electronic devices equipped with a camera or scanner, computing systems connected to or with the ability to connect to a camera or scanner”),
d) a GPS program that facilitates communication about a user location (Duma: paragraph [0099], “a user access point comprises a personal computer, a laptop computer, a cellular phone, a GPS system”),
e) a form assist program that prefills patient information input fields (Duma: paragraph [0062], “field can be updated or created by the security module”, paragraph [0105], “storing the extracted data in a database in association with the request message and the healthcare entity that generated the request, and (5) making this data, and other collected data, available via web-based interface on client device 1150”),
f) a data capture program obtaining medical information from: documents made by word processing programs, documents made by image processing programs, and medical databases (Duma: paragraphs [0005]-[0007], “The personal and medical information is stored in hospital databases, which can consist of picture archiving and communication systems ("PACS"), relational databases… access to the medical information databases”, paragraph [0012], “medical records and medical images”, paragraph [0038], “any medical data repository, database, or storage media, including cloud-based data repositories, which store medical information”, paragraph [0019], “The medical records, along with an optional imaging viewing program, are then downloaded”, paragraph [0042], “Scanning software and scanning devices are broad terms and are to be given their ordinary and customary meanings to a person of ordinary skill in the art (i.e., it is not to be limited to a special or customized meaning) and includes, without limitation, cameras, scanners, portable electronic devices equipped with a camera or scanner, computing systems connected to or with the ability to connect to a camera or scanner”. The Examiner notes that a claim may be rendered obvious where the limiting function is that of making a set of prior-known elements contiguous, i.e., bringing them together. However, the opposite is also true. In this case, the limiting function is that of splitting prior-known elements and or functionality into discrete elements: (a) a medical information scanning program, and (b) a data capture program, the Scanning software and scanning devices, of the system of Duma teaches the functionality of the claimed elements respectively (see mapping above). As such, this claim would be obvious to one of ordinary skill in the art at the time of the invention to make the Scanning software and scanning devices of Duma separable without undue experimentation or risk of unexpected results, see In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). MPEP 2144.04.),
One of ordinary skill in the art before the effective filing date would have found it obvious to include using a health card with a magnetic strip or RFID chip and to record timestamps of the authorized user interface in a log as taught by Duma within the system to share medical records with a healthcare provider using a health card as taught by Miller with the motivation of “access digital information quickly and easily” and “securely request and access medical information”(Duma: paragraphs [0055] and [0073]).
Miller and Duma may not explicitly teach (Underlined for clarity):
g) the graphical user interface includes a body image for medical data input,
c) a prioritizing program which sorts medical history based on date,
Berkman teaches g) the graphical user interface includes a body image for medical data input (Berkman: Figure 8, paragraph [0018], “FIG. 8 is an exemplary screenshot illustrating an anatomical location and listing of human body systems interface”, paragraph [0063], “FIG. 8 is a screenshot illustrating an exemplary anatomical diagram interface 800, which allows the user to quickly and easily identify all medical records for a patient relating to a particular anatomical location and/or body system”),
c) a prioritizing program which sorts medical history based on date (Berkman: paragraph [0036], “Each record is classified according to one or more index/sorting fields so that the records can be electronically sorted and searched. These index/sorting fields can include but are not limited to: Date”),
One of ordinary skill in the art before the effective filing date would have found it obvious to include using a body image GUI and sorting as taught by Berkman within the system to share medical records with a healthcare provider using a health card as taught by Miller and Duma with the motivation of “reduce the possibility that the treatments, prescriptions, and care program they prescribe conflict with those prescribed by others” (Berkman: paragraphs [0044]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent App. No. 20140143232 (hereafter “Abe”) teaches searching of documents and providing and sharing results to multiple users via graphical user interfaces.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrew E Lee whose telephone number is (571)272-8323. The examiner can normally be reached M-Th 9-5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shahid Merchant can be reached on 571-270-1360. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.E.L./Examiner, Art Unit 3684
/Shahid Merchant/Supervisory Patent Examiner, Art Unit 3684