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 .
DETAILED ACTION
Currently pending claims are 1 – 20.
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.
Claims 1, 8 & 14 are 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 such as “encapsulating, while receiving the test data from the provider computing device, low- level instrument protocol data corresponding to the test data to produce secured point-of-care (POC) data” because:
(a) the claim recites “… while receiving the test data from the provider computing device …“ – However, according to the disclosure of the instant specification indicating that “encapsulates low-level instrument protocol data received from POCT device to provide secured POCT data to traverse the wide-area network infrastructure” (SPEC-PG.PUB: Para [0026] Line 8 – 10) and thereby, the test data is received from the provider testing device (POCT device) rather than being received from the provider computing device as recited in the claim; and besides,
(b) even though using a multi-task and real-time operation system with an efficient computer execution mechanism is well-known and widely implemented in the fields (also referred to Moore’817 below) – however, the disclosure of the instant specification merely indicates encapsulating low-level instrument protocol data received from POCT device” without further specifying “while receiving the test data from the provider computing device”, which is clearly different from the claim element as recited, which is deviated from an actual implementation of the system as disclosed. Any other claims not addressed are rejected by virtue of their dependency should also be corrected.
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 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.
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 of this title, 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 exclaimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 – 20 are rejected under 35 U.S.C.103 as being unpatentable over Gassman et al. (U.S. Patent 2019/0392929 A1), in view of Zhang et al. (CN 11-147-5312) and in view of Moore et al. (U.S. Patent 9,461,817).
As per claim 1, 8 & 14, Gassman teaches a method comprising:
establishing, using a provider computing device, a connection between a provider testing device and the provider computing device (Gassman: FIG. 1 E-122, E-104, E-90 & FIG. 10 / E-200a & E-200b and Para [0104] / [0097] / [0186] / [0217] / [0259]: providing
(a) a blood pressure monitor, a scale, a wireless tablet (or a personal communication device (FIG. 1 / E-200a)), etc. that constitutes a collected group of point-of-care testing (POCT) devices (i.e. provider testing device(s)), and
(b) using a home therapy machine (FIG. 1 / E-90) as a provider computing device (FIG.1 / E-90 – i.e.) to communicate data from the provider testing devices along with the collected logs from the home therapy machine (i.e. the provider computing device) to a clinician server (FIG. 10 / E-200b);
(c) alternatively, a personal communication device can also be a provider computing device (besides as a part of provider testing devices) to communicate with a clinician server (Para [0217] / Line 1 – 3), wherein
(d) the provider testing (POCT) devices can use different communication interfaces such as Bluetooth, WiFi, Zigbee, Z-Wave USB, infrared and etc., to communicate with the home therapy machine (i.e., the provider computing device)); and
(e) a data template can be used to configure a plurality of different locations and names of relevant medical information for a particular home therapy machine (i.e. provider computing device) which can be located across a plurality of different locations (para [0259]).
providing, in response to the connection, a transparent secure link between the provider testing device and a centralized laboratory information system (LIS), the transparent secure link configured for, while receiving test data from the provider testing device, updating a centralized electronic medical record (EMR) in the centralized LIS and a point-of-care EMR at the provider computing device (Gassman: see above & FIG. 10 – 12, Para [0217] / Line 1 – 3, Para [0104] / [0027] / [0090] / [0291] / [0104] / [0186] / [0150] / [0174] / [0006] / [0198] & Para [0005] Line 4 – 6: providing a secured link through a connectivity server to manage, at least, a clinician server (i.e. laboratory information system (LIS)), a clinician database (i.e. an electronic medical record (EMR) & etc., and also providing users and clinicians real communications as well as creating a real-time communication session between personal mobile communication devices and clinician devices (Gassman: Para [0006] / [0198]) and enabling a user to capture test data for automatic transmission to a centralized clinician (EMR) database (Gassman: see above & Para [0005] Line 4 – 6));
encapsulating, while (see Zhang below) receiving the test data from the provider computing device, low- level instrument protocol data corresponding to the test data to produce secured point-of-care (POC) data (see Moore below) || (Gassman: see above, FIG. 10 / E-118 /E-120 & Para [0217]:
(a) the medical information acquired from the original test data is less structured than the medical information sent to the clinician server (i.e. LIS system) – this constitutes the low-level instrument protocol data (Para [0217]), and accordingly,
(b) the encapsulating step includes formatting / translating the acquired medical information into one more data fields prior to transmission and the test data is then packaged into one or more messages such as JSON message for transmission over the network (para [0217]).
However, Gassman does not disclose expressly while receiving the test data … producing secured point-of-care (POC) data.
Zhang (& Gassman) teach while receiving the test data … producing secured point-of-care (POC) data (Gassman: see above) || (Zhang: Page 6 / 5th Para: providing a well-known and efficient computer execution mechanism to employ a multi-task and real-time operation system and utilize a message queue to handle the task communications among different tasks (applications) so as to enable the concurrent processing of data exchange while another task / application still continues processing its own workload – this is also consistent with the disclosure of the instant specification (SPEC-PG.PUB [0043]: a messaging queue is used to exchange data … ).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention was made to propose the modification of while receiving the test data … producing secured point-of-care (POC) data because Zhang teaches to alternatively, effectively and securely provide a comprehensive security mechanism by providing a well-known and efficient computer execution mechanism to employ a multi-task and real-time operation system and utilize a message queue to handle the task communications among different tasks (applications) so as to enable the concurrent processing of data exchange while another task / application still continues processing its own workload (see above) within the Gassman’s system of packaging the test data into one or more messages such as JSON message for transmission over the network (see above).
However, Gassman does not disclose expressly producing secured point-of-care (POC) data.
Moore (& Gassman) further teach produce secured point-of-care (POC) data (Gassman: see above & Para [0217]: packaged the test data into one or more messages such as JSON message for transmission over the network) || (Moore: Col. 11 Line 62 – 67 & Col. 12 Line 1 – 9: a sending entity can encrypt all or parts of a JSON message using either symmetric or asymmetric encryption method(s) such that the encrypted JSON message can be secured and protected against malicious altering by an attacker without the need of using transport security – this is also consistent with the disclosure of the instant specification (SPEC-PG.PUB [0026]: encapsulates … to provide secured POCT data to traverse the wide-area network infrastructure without the need for an end-to-end encrypted channel).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention was made to propose the modification of producing secured point-of-care (POC) data because Moore teaches to alternatively, effectively and securely provide a comprehensive security mechanism by encrypting all or parts of a JSON message at a sending entity using either symmetric or asymmetric encryption method(s) such that the encrypted JSON message can be secured and protected against malicious altering by an attacker without the need of using transport security (see above) within the Gassman’s system of packaging the test data into one or more messages such as JSON message for transmission over the network (see above).
transmitting, while receiving the test data, the secured POC data to the centralized LIS (Gassman: see above).
As per claim 2, 5 – 7, 10 – 11, 17 & 19 – 20, the instant claim is directed to a claimed content having functionality corresponding to the Claim 1, and are rejected by a similar rationale.
As per claim 3, 9 & 16, Gassman as modified teaches wherein the transparent secure link includes a remote broker residing in a network infrastructure decoupled from the provider computing device (Gassman: see above & Para [0104] / [0186] / [0150]: a connectivity Agent allows the home therapy machine to communicate data from the home devices that is to transmit the logs/data collected by the home therapy machine to an Clinician server (i.e. LIS system), wherein a middle-ware entity constitutes a "remote broker" that receives / translates data from the agent (Gassman: Para [0150])).
As per claim 4, Gassman as modified teaches wherein encapsulating the low-level instrument protocol data comprises accessing a data broker on the provider computing device Gassman: see above) || (Moore: Col. 11 Line 62 – 67 & Col. 12 Line 1 – 9: a data broker entity to enable the sending entity to encrypt all or parts of a JSON message using either symmetric or asymmetric encryption method(s) such that the encrypted JSON message can be secured and protected against malicious altering by an attacker without the need of using transport security).
As per claim 12, Gassman as modified teaches transmitting the secured POC data to a plurality of POC locations including a POC environment comprising the provider computing device (see claim 1 || Gassman: Para [0259]: including a plurality of POC locations and a data template can be configured to specify a plurality of locations and names of relevant medical information for a particular home therapy machine (i.e. provider computing device), which can be located across the plurality of different locations (para [0259]).
As per claim 13, Gassman as modified teaches wherein the low-level instrument protocol data comprises minimum lower layer protocol data (Gassman: see above & Para [0217]: the medical information acquired from the original test data is less structured than the medical information sent to the clinician server (i.e. LIS system) – this constitutes the minimum lower layer protocol data (Para [0217])).
As per claim 15, Gassman as modified teaches populating, while receiving test data at the provider computing device, the centralized EMR in the centralized LIS using the low-level instrument protocol data accessed from the secured POC data (Gassman: see above & Para [0005] Line 4 – 6: enabling a user to capture test data for automatic transmission to a centralized clinician (EMR) database) || (Zhang: Page 6 / 5th Para: providing a well-known and efficient computer execution mechanism to employ a multi-task and real-time operation system and utilize a message queue to handle the task communications among different tasks (applications) so as to enable the concurrent processing of data exchange while another task / application still continues processing its own workload).
As per claim 18, Gassman as modified teaches wherein the secured POC data comprises JSON messages (Gassman: see above & Para [0217]: packaged the test data into one or more messages such as JSON message for transmission over the network).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LONGBIT CHAI whose telephone number is (571)272-3788. The examiner can normally be reached Monday - Friday 9:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynn D. Feild can be reached at 571-272-2092. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Longbit Chai/
Longbit Chai E.E. Ph.D.
Primary Examiner, Art Unit 2431
No. #2582 – 2026 ---------------------------------------------------