Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Status of claim(s)
Claims 1-22 have been examined
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,508,468. Although the claims at issue are not identical, they are not patentably distinct from each other because both claims 1 of current application and claim 1 of U.S. Patent No. 11,508,468 recite documenting an encounter between persons to include the same feature of first identification information ("first II") representing a plurality of images of a body part displaying a unique biologic feature of a first registered person; second identification information ("second II") representing a plurality of images of a body part displaying a unique biologic feature of a second registered person; and receiving, by a processor, a request to store encounter information pertaining to a particular encounter between a first putative person having a body part displaying a unique biologic feature and a second putative person having a body part displaying a unique biologic feature; generating, by the processor, identification enhancement ("IE") information; encounter information comprising images displaying a portion of an encounter between the first putative person and the second putative person; and providing camera information representing the composite images to the processor
Allowable Subject Matter Over the Prior Art
The primary reason for indicating allowability over the prior art is the inclusions of the following limitations in the combination as recited.
Claim 1 is directed towards a method of documenting an encounter between persons, and of identifying the persons participating in the encounter comprising:
(a) storing, in a computer memory, each of
- first identification information ("first II") representing a plurality of images of a body part displaying a unique biologic feature of a first registered person; and
- second identification information ("second II") representing a plurality of images of a body part displaying a unique biologic feature of a second registered person;
(b) receiving, by a processor, a request to store encounter information pertaining to a particular encounter between a first putative person having a body part displaying a unique biologic feature and a second putative person having a body part displaying a unique biologic feature;
(c) based on receiving the request, generating, by the processor, identification enhancement ("IE") information;
(d) providing, by the processor, said IE information to said computer memory;
(e) receiving and storing, by the processor, said IE information;
(f) providing, by the processor, said IE information to a display device, wherein said display device is arranged in the vicinity of each of:
- the body part displaying a unique biologic feature of a first putative person, and
- the body part displaying a unique biologic feature of a second putative person;
(g) receiving, by the display device, said IE information;
(h) in response to the receive IE information, displaying, by the display device, a visual representation of said IE information;
(i) repeatedly capturing, by a digital camera, composite images, each composite image comprising each of
- (1) the unique biologic feature of the first putative person,
- (2) the unique biologic feature of the second putative person,
- (3) the visual representation of said displayed IE information; and
- (4) encounter information comprising images displaying a portion of an encounter between the first putative person and the second putative person;
and providing camera information representing the composite images to the processor;
wherein the camera is arranged to input the unique biologic features of each of said first putative person and said second putative person, the displayed IE information and the encounter information;
(j) receiving, by the processor, the camera information;
(k) retrieving, by the processor, the stored first II pertaining to the first registered person; comparing, by the processor, the retrieved first II to the received image information of the first putative person; and determining a first match between the retrieved II of the first registered person and the received image information of the first putative person, wherein said first match identifies said first putative person as said first registered person;
retrieving, by the processor, the stored second II pertaining to the second registered person; comparing, by the processor, the retrieved second II to the received image information of the second putative person; and determining a second match between the retrieved II of the second registered person and the received image information of the second putative person, wherein said second match identifies said second putative person as said second registered person; and retrieving, by the processor, the stored IE information; comparing, by the processor, the retrieved IE information to the received IE information; and determining a third match between the stored IE information and the received IE information;
(l) upon determination of each of the first match, the second match and the third match, storing, in the computer memory, the encounter information, wherein said stored encounter information represents a visual record of said encounter between the first registered person and the second registered person.
The closest prior art relates to Ombrellaro (US. 20050149364) in view of Reiner (US. 20070258626 hereinafter Reiner). Ombrellaro discloses enabling patient and physician teleconferencing stations (100) to communicate over a global network (104), wherein the teleconferencing stations include access to a database of electronic medical records (110). The system includes means for instant text messaging (130), audio/video conferencing (142), and secure e-mail exchange (146). The patient and physician have differential access to the electronic medical records, such that the electronic medical records can be updated. The physician station includes means for capturing image data received from the patient station and storing the captured image data into a medical record. In the preferred embodiment the system is able to teleconference more than two stations at a time. In the preferred embodiment, the physician station includes means for entering a prescription (310) and for entering hospital orders. Reiner discloses utilizing a biometrics authentication or identification procedure. Once authentication and identification takes place, local, regional, and centralized medical databases can be automatically queried using the identification-specific biometrics signature. All data intrinsic to the medical procedure or examination being performed will be automatically tagged and downloaded into that specific patient's electronic medical database. At the same time, that patient's medical database is queried to provide all historical data relevant to the medical examination or procedure being performed to assist with planning, protocol, and analysis of the data being collected. The biometrics authentication can be performed at patient intake, at an imaging device, at a pharmacy, or in the operating room, to ensure that the personnel and the patient are correctly identified before any procedure is performed or drug administered.
However, the combined art fails to teach retrieving, by the processor, the stored first II pertaining to the first registered person; comparing, by the processor, the retrieved first II to the received image information of the first putative person; and determining a first match between the retrieved II of the first registered person and the received image information of the first putative person, wherein said first match identifies said first putative person as said first registered person; retrieving, by the processor, the stored second II pertaining to the second registered person; comparing, by the processor, the retrieved second II to the received image information of the second putative person; and determining a second match between the retrieved II of the second registered person and the received image information of the second putative person, wherein said second match identifies said second putative person as said second registered person; and retrieving, by the processor, the stored IE information; comparing, by the processor, the retrieved IE information to the received IE information; and determining a third match between the stored IE information and the received IE information;
(l) upon determination of each of the first match, the second match and the third match, storing, in the computer memory, the encounter information, wherein said stored encounter information represents a visual record of said encounter between the first registered person and the second registered person.
Claims 1-22 would be allowable if rewritten to overcome the rejection(s) under Double Patenting, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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/HIEP V NGUYEN/Primary Examiner, Art Unit 3686