DETAILED ACTION
This is responsive to amendments filed on 06/24/2026 in which claims 1-18 and 20-21 are presented for examination; Claims 1,11 and 15 have been amended. Claim 20 has been newly added.
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 .
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.
Claims 1-18 and 20-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Regarding claim 1:
Step 1: Is the claim to a process, machine, manufacture or composition of matter?” Yes, it’s a machine.
Step 2a Prong 1 (judicial exception)
Step 2A (1): “Does the claim recite an abstract idea, law of nature, or natural phenomenon? Yes , the claim comes under mental processes.
Claim 1 recites:
“A computing device comprising a display screen, the computing device being configured to display on the display screen a menu listing one or more electronic medical records (EMRs) of one or more patients, and additionally being configured to display on the display screen a theranostics graphical user interface (GUI) accessible from the menu, wherein the theranostics GUI displays, for each patient, a pathway tracker indicating status of a corresponding theranostics protocol, wherein the pathway tracker comprises, a cycle tracker comprising a snapshot element for each cycle of a plurality of cycles of the theranostics protocol, wherein each snapshot element indicates a status of each step of a corresponding cycle, wherein each snapshot element is selectable to launch a pop-up GUI with additional information relating to each of the steps thereof, wherein the plurality of cycles are defined by rules based on the theranostics protocol and the status of each step is determined based on the rules, and wherein the theranostics GUI is displayed while the one or more EMRs are in an un-launched state.”
All the limitations above are abstract idea related to the mental process (concepts performed in the human mind (including an observation, evaluation, judgment, opinion)) with the exception of bold and underlined limitations. Claim language pertains to analyzing patient medical records to track/check the status of patient’s therapy. patient’s data can be checked/analyzed for, who are at risk, on target/track, or who have completed their therapy cycle. All of this can be done using pen and paper.
Step 2A(2): Prong Two: evaluate whether the claim recites additional elements that integrate the exception into a practical application of the exception. NO
The claim does recite additional elements; however they don’t integrate the exception into a practical application of the exception.
computing device (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f))
display screen(Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f))
electronic medical records (EMRs)(Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f))
graphical user interface (GUI) (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f))
GUI displays(Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f))
pop-up GUI (Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f))
Step 2B: evaluate whether the claim recites additional elements that amount to an inventive concept (aka “significantly more”) than the recited judicial exception? NO
As discussed previously with respect to Step 2A Prong Two, the additional element in the claim amounts to no more than mere instructions to apply the exception using a generic computer component.
The same analysis applies here in 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Dependent claims 2-10 further narrows the abstract idea recited in claim 1.
Regarding claim 11, it is rejected under the same rationale as claim 1. It is a method claim. The additional elements are “displaying”, “EMR”, “pop-up GUI”.
Under step 2A, prong two, the additional elements don’t integrate the exception into a practical application of the exception as merely adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f).
As discussed previously with respect to Step 2A Prong Two, the additional elements in the claim amounts to no more than mere instructions to apply the exception using a generic computer component.
The same analysis applies here in 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Regarding claim limitation “receiving a continuous data feed from the one or more EMR “ the courts have recognized the computer functions as well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (“i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information”); See, MPEP 2106.05 (d)(II)
Dependent claims 12-14 further narrows the abstract idea recited in claim 11.
Regarding claim 15, it is rejected under the same rationale as claim 1. In addition, it adds the additional elements of “system”, “processors”, “memory”, “EMR database”, “display”, “pop-up GUI”.
Under step 2A, prong two, the additional elements don’t integrate the exception into a practical application of the exception as merely adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f).
As discussed previously with respect to Step 2A Prong Two, the additional elements in the claim amounts to no more than mere instructions to apply the exception using a generic computer component.
The same analysis applies here in 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Regarding claim limitation “receive, at the theranostics system, a continuous feed from an electronic medical record (EMR) database” the courts have recognized the computer functions as well‐understood, routine, and conventional functions when they are claimed in a merely generic manner (“i. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information”); See, MPEP 2106.05 (d)(II)
Dependent claims 16-18 and 20-21 further narrows the abstract idea recited in claim 15. In addition, the additional elements are “optical character recognition “, “natural language processing”.
Under step 2A, prong two, the additional elements don’t integrate the exception into a practical application of the exception as merely adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea - see MPEP 2106.05(f).
As discussed previously with respect to Step 2A Prong Two, the additional elements in the claim amounts to no more than mere instructions to apply the exception using a generic computer component.
The same analysis applies here in 2B, i.e., mere instructions to apply an exception using a generic computer component cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
.
Claims 1-14 are rejected under 35 U.S.C. 102a(2) as anticipated by Mairs et al. (US 20230368901 A1)
Regarding claim 1, Mairs teaches :
a computing device comprising a display screen, the computing device being configured to display on the display screen a menu listing one or more electronic medical records (EMRs) of one or more patients (para, “[0077] …… As shown in FIG. 4A, the GUI portion 180 comprises a banner including a patient indicator or icon 202, among other function selector icons (e.g., practice, help, etc.), such as a therapy icon 204 and an evaluation icon 206 as further described and illustrated by FIG. 4C. In some examples, the GUI portion 180 is populated using, and/or displays, patient data for a plurality of patients that includes both objective patient data and subjective patient data. The patient data may be populated in a patient identifying region 214, utilization region 220, patient survey region 226, and update region 230 for a group of example patient listings 222 (e.g., patient records for a plurality of patients in the group). In some examples, each patient listing 222 comprises, under patient identifying region 214, a name and/or other identifying information 182. A clinician may select a particular patient for further review, with at least some of those details being illustrated and further described herein.” Note: Also, see para 0123 for patient record, see para 0174 for retrieving patient data.
Also, para “[0077]….The patient data may be populated in a patient identifying region 214, utilization region 220, patient survey region 226, and update region 230 for a group of example patient listings 222 (e.g., patient records for a plurality of patients in the group). …” )
and additionally being configured to display on the display screen a theranostics graphical user interface (GUI) accessible from the menu (para, “[0017] At least some examples of the present disclosure are directed to integrating information from different sources and/or pathways, etc., and displaying the integrated information on a graphic user interface (GUI) associated with a clinician portal in a manner used to enhance patient compliance with treatment, such as treating sleep disordered breathing (SDB). In some examples, the different sources and/or pathways may comprise patient management information, stimulation therapy information, and/or third party diagnostic/monitoring information. In some examples, integrating such information may enhance efficacy of stimulation therapy and/or of patient management. The third party diagnostic/monitoring information may be obtained from third party diagnostic/monitoring devices, which may communicate with the devices used to perform patient management and/or devices used to perform stimulation therapy…….”
Also, para “[0049] In some examples, the main GUI display may be a therapy-based display which is automatically displayed by the processing resource 11 when the clinician logs in to the clinician portal 26 and/or in response to the clinician selecting a therapy icon on one of the GUI portions 17A, 17B, 17B. .…” Note: Also, see para [0091] for therapy GUI display. Also, see para 0077),
wherein the theranostics GUI displays, for each patient, a pathway tracker indicating status of a corresponding theranostics protocol (para, “[0105] In some examples, the update region 230 refers to or includes a region displaying patient data pertaining to a therapy-related update status. The update region 230 may inform a clinician of a therapy effectiveness indication and/or a usage indication, etc., to help the clinician determine which patients are doing well and which may warrant faster or deeper attention. In the particular example, the update region 230 is populated using, and/or displays, information on the last update for the patient, which may include data pertaining to a patient not completing a patient survey within a time period, not providing utilization data within the time period or a second time period, and other updates.”
Also, para “[0095]….. As shown by FIG. 4C, in some examples, the utilization region 220 is populated using, and/or displays, data for patients that are compliant and patients that are non-compliant. More particularly, each patient listing 222, in the utilization region 220, may comprise data indicative of the patient use of an associated IMD. As shown at 224-1 and 224-2 of FIG. 4C, the utilization region 220 may include graphs with bars representing the IMD use per day and over the time period (e.g., 30 days). For patients that are non-compliant, the utilization region 220 may include a graph with a visual indication of the IMD utilization being below the threshold (e.g., an attention icon or indicator), as shown by 224-3, or absence of graph that visual indicates IMD utilization below the threshold (or other criteria), as shown by 224-2. More particularly, as shown by 224-2, for a patient with no utilization region 220 uploaded for the time period, a link may be displayed which is selectable to cause or initiate a communication to be output to a patient communication device to request upload of data (e.g., “Request upload”)……”
Also, para “[0018]…… In some examples, a method, device, and/or system to facilitate patient care may comprise arrangements which provide for enhanced communication and workflows between and among: (1) a patient and a clinician regarding the status or progress of their therapy and/or evaluation as a patient candidate; and (2) multiple clinicians (e.g., caregiver entities) forming a patient care team. In some examples, a device manufacturer or service provider may also communicate via such workflows with the care team and/or the patient to facilitate patient care and clinician performance.”),
wherein the pathway tracker comprises, a cycle tracker comprising a snapshot element for each cycle of a plurality of cycles of the theranostics protocol, wherein each snapshot element indicates a status of each step of a corresponding cycle (para, “[0123] FIG. 4L is a block diagram schematically representing an example GUI portion 303 for patient care, which comprises at least some of substantially the same features and attributes of the GUI portion 200 of FIG. 4C, except being an example implementation in response to selection of the evaluation icon 206 instead of the therapy icon 204. FIG. 4L represents an example implementation upon selection of the evaluation icon 206, in which the GUI portion 303 is populated using, and/or displays, a patient identifying region 214 and a visit region 330 fora group of example patient listings 222 (e.g., patient record). In some examples, the patient identifying region 214 is populated using, and/or displays, at least some of the same type of information as previously described in connection with FIG. 4A. In some examples, each patient listing 222 may further comprise the visit region 330 which may be populated using, and/or may display, timeline graph 332 with different types of visits (e.g., Initial consult 334-1, ENT consult 334-2, Airway exam 334-3, Insurance consult 334-4, and Implant 334-5) and visual indication of the status of each respective visit within the graph 332. In the particular example, each of the different types of visits are illustrated for each respective patient of the patient listing 222 with the status being provided by a color or other visual indication associated with the visit being completed, as shown by 334-1, the visit not being completed or scheduled, as shown by 334-2, and/or the visit being scheduled but not completed, as shown by 334-6.......“
Also, para, “[0149] As further shown in FIG. 5A, in some examples, a nightly utilization graph 443 may comprise a time scale 440 (e.g., hourly markers on a Y axis) relative to which each night's stimulation therapy usage may be displayed. The graph 443 also may comprise a selectable time period scale 442 (e.g., days, weeks, months, and the like on an X axis) for which the nightly usage data is displayed. More particularly, in some examples, the GUI portion 400 is displayed in response to the 30 day icon 434 being selected.”
Note: see Fig. 5A below.
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Also, “[0091]….. As shown in FIG. 4C, in some examples, the GUI portion 200 comprises a banner including a patient icon 202, among other function selector icons (e.g., practice, help, etc.). With the patient icon 202 selected, the example GUI portion 200 may comprise a therapy icon 204 and an evaluation icon 206. FIG. 4C represents an example implementation upon selection of the therapy icon 204, which includes patient data populated and/or displayed in different regions of the GUI portion 200, including a patient identifying region 214, utilization region 220, patient survey region 226, and update region 230 for a group of example patient listings 222 (e.g., patient records for a plurality of patients in the group)….”
wherein each snapshot element is selectable to launch a pop-up GUI with additional information relating to each of the steps thereof (para, “[0169] It will be understood that upon selection of one of the other milestones, other expanded windows may be populated in GUI portion 600 with details particular to that milestone. For example, in response to selecting an initial consult milestone from the timeline, an expanded window may be populated using, and/or displays, scheduling details (e.g., date, completed, etc.), related files (e.g., patient assessment notes, images, etc.), a file upload input, and note input portion. The expanded windows may be referred to as pop-up windows.”
Also, para “[0152] In some examples, the GUI portion 400 may be populated using, and/or displays, a key 460 of the indicators, which may comprise a clinician visit or note indicator 462, a patient survey indicator 464, a sleep study AHI indicator 466, a therapy adjustment indicator 467, and/or other type indicators. The key 460 may provide additional information, such as indicating the different colors or other visual indications of the nightly usage indicator, e.g., the therapy start portion 468, therapy on 470, and therapy paused 472 portions. The key may additionally provide information on amplitude changes, such as identifying different lines representing amplitude 474 and amplitude limits 476.”)
wherein the plurality of cycles are defined by rules based on the theranostics protocol and the status of each step is determined based on the rules( para, “[0127] Among other features, the patient timeline region 352 may conveniently provide a summary and sequence by which a clinician may immediately recognize which evaluation milestones have been met by the patient and which milestones have yet to been achieved. Accordingly, in some examples, the patient timeline region 352 aids the clinician in quickly determining on what path to proceed to help the particular patient, and/or may help the clinician to quickly determine which care team member to communicate with to facilitate progression of the patient through the various milestones. The clinician may select one of the listed milestones to be taken to another GUI portion to obtain more detailed information regarding the selected milestone. As an example, upon selection of the initial consult milestone or the add new entry icon 354, the clinician is taken to GUI portion 650 in FIG. 5G, which is further described herein”)
and wherein the theranostics GUI is displayed while the one or more EMRs are in an un-launched state(para, “[0050] In some examples, respective ones of the plurality of GUI portions 17A, 17B, 17C may be represented (by the processing resource 11 and display screen 13) on other ones of the plurality of GUI portions 17A, 17B, 17C via a corresponding icon, each of which is user selectable to cause transitions between respective ones of the GUI portions 17A, 17B, 17C. For example, as further illustrated by the GUI portion 180 in connection with FIG. 4A and/or the GUI portion 200 in connection with FIG. 4C, the main GUI display may include different icons which are user selectable to cause transition to other GUI portions which expand on features of the patient data.” Note: Also, see para, 0045, 0048. Also, transition makes one window/portion in unlaunched state.)
Regrading claim 2, Mairs teaches the computing device of claim 1.
further teaches wherein the pathway tracker includes an element that indicates a status of a current cycle of the corresponding theranostics protocol(para, “[0142] In some examples, a processing resource (e.g., of a cloud computing system, such as service provider 30 of FIG. 1 or processing resource 830 of FIG. 7) may track the various data displayed, such as the total nights which the patient used the stimulation therapy device within the selected time period (e.g., 30 days). This total may be displayed as a percentage, such as the number of days used relative to the total number of days within the selected period. One example implementation of the total nights the IMD is used parameter 420 is displayed in the summary region 418. As a particular non-limiting example, the total nights the IMD is used parameter 420 may include a percentage, such as 92%.”
Also, para “[0144] In some examples, the processing resource may similarly track the average hours used per night and the average number of pauses in therapy per night parameters associated with the stimulation therapy device within the selected time period (e.g., 30 days). Both may be displayed as an average quantity, such as shown by 424 and 426 being displayed as parameters (of summary region 418).”)
Regarding claim 3, Mairs teaches the computing device of claim 2.
Mairs does not explicitly teach wherein the status of the current cycle is one of on track and at risk based on data obtained from the one or more EMRs (para, “[0132] Among other features associated with the patient education region 348, a clinician may quickly determine whether the patient is making adequate progress[on track] in patient education, which in turn, may facilitate the type and manner of care provided by the clinician. In addition, this progress information may be filtered, sorted, and/or flagged according to the at least one filter and/or the filter icons (as previously described in connection with FIGS. 4C and 4L) to help the clinician quickly identify a patient which may need more encouragement to complete their evaluations[at risk].”)
Regrading claim 4, Mairs teaches the computing device of claim 1.
Mairs further teaches wherein the pop-up GUI includes a plurality of step elements, wherein each of the plurality of step elements includes an information panel detailing one or more of a scheduled date, a completion date, and an issue of a corresponding step based on one or more patient parameters received from the one or more EMRs (para, “[0107] More particularly and in some examples, each patient listing 222, in the update region 230, is populated using update parameters indicative of the last therapy-related update status or lack of a therapy-related update status in the time period, as shown at 232-1, 232-2, 232-3, 232-4. The update region 230 may be further populated using, and/or displays, data that tracks whether or not a patient has completed a survey as part of a virtual check-in. For patients that are non-compliant, the update parameters may include a visual indication of the update not being provided in the threshold time period (e.g., utilization data and/or survey not being provided), a date the update was due, and/or an link that is selectable to cause or initiate a communication to be output to a patient communication device to request upload of data (e.g., “Request upload”, “No data uploads for over 30 days from patient remote”), as shown by 232-2.” Note: Fig. 4L teaches status of each step, and as can be seen, the entire cycle can’t be completed unless previous step is complete.
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Regarding claim 5, Mairs teaches the computing device of claim 4.
Mairs does not explicitly teach wherein the determined status of the corresponding step is one of on track, at risk, completed, and irrelevant and wherein the determined status of the corresponding step is determined based on one or more patient parameters received from the one or more EMRs ((para, “[0132] Among other features associated with the patient education region 348, a clinician may quickly determine whether the patient is making adequate progress[on track] in patient education, which in turn, may facilitate the type and manner of care provided by the clinician. In addition, this progress information may be filtered, sorted, and/or flagged according to the at least one filter and/or the filter icons (as previously described in connection with FIGS. 4C and 4L) to help the clinician quickly identify a patient which may need more encouragement to complete their evaluations[at risk].” Fig. 4M teaches 100% completed status. Fig. 4L teaches which steps have been completed, and which are still remaining.)
Regarding claim 6, Mairs teaches the computing device of claim 4.
Mairs does not explicitly teach wherein the status of the current cycle is at risk when one or more of the plurality of step elements indicate the determined status of the corresponding step is at risk (para, “[0107] More particularly and in some examples, each patient listing 222, in the update region 230, is populated using update parameters indicative of the last therapy-related update status or lack of a therapy-related update status in the time period, as shown at 232-1, 232-2, 232-3, 232-4. The update region 230 may be further populated using, and/or displays, data that tracks whether or not a patient has completed a survey as part of a virtual check-in. For patients that are non-compliant, the update parameters may include a visual indication of the update not being provided in the threshold time period (e.g., utilization data and/or survey not being provided), a date the update was due, and/or an link that is selectable to cause or initiate a communication to be output to a patient communication device to request upload of data (e.g., “Request upload”, “No data uploads for over 30 days from patient remote”), as shown by 232-2.” Note: Fig. 4L teaches status of each step, and as can be seen, the entire cycle can’t be completed unless previous step is complete.
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Regrading claim 7, Mairs teaches the computing device of claim 1.
Mairs further teaches wherein the theranostics GUI further displays one or more selectable elements for each patient, each of the one or more selectable elements being selectable to launch a second pop-up GUI(para, “[0091] FIG. 4C is a block diagram schematically representing an example GUI portion 200, and which may comprise one example implementation of the patient management app 860 (FIG. 7), control portion 900 (FIG. 8A), and/or user interface 940 (FIG. 8), and/or the GUI portion 180 of FIG. 4A or GUI portion 181 of FIG. 4B. As shown in FIG. 4C, in some examples, the GUI portion 200 comprises a banner including a patient icon 202, among other function selector icons (e.g., practice, help, etc.). With the patient icon 202 selected, the example GUI portion 200 may comprise a therapy icon 204 and an evaluation icon 206. FIG. 4C represents an example implementation upon selection of the therapy icon 204, which includes patient data populated and/or displayed in different regions of the GUI portion 200, including a patient identifying region 214, utilization region 220, patient survey region 226, and update region 230 for a group of example patient listings 222 (e.g., patient records for a plurality of patients in the group). In some examples, each patient listing 222 may comprise, in patient identifying region 214: (i) a name, (ii) a date of birth (DOB), (iii) a de-identified identifier (ID) 216, and/or (iv) a patient ID 218. A clinician may select a particular patient for further review, with at least some of those details being illustrated and further described herein in association with FIGS. 5A-5G.”)
Regrading claim 8, Mairs teaches the computing device of claim 7.
Mairs further teaches wherein the one or more selectable elements include one or more of alert elements, therapy cycle elements indicate scheduled dates of therapy cycles, flags, and icons(para, “[0122] FIG. 4K is a block diagram schematically representing an example GUI portion 280 for patient care. The GUI portion 280 is an example implementation of a display from selection of the alarm icon 282 on GUI portion 200 of FIG. 4C (which is not illustrated by FIG. 4C but may be implemented as part of GUI portion 200) and/or from any other GUI portions containing an alarm icon 282 in a banner. As shown by FIG. 4K, in some examples and in response to user selection of the alarm icon 282, the GUI portion 280 is populated using, and/or displays, an expanded window that visually displays the different attentions, such as those selected in the attention settings region 324 of the GUI portion 300 of FIG. 4J. For example, the GUI portion 280 is further populated using, and/or displays, different attentions 286-1, 286-2 and an icon 284 which marks the attentions as read. [0111] As described above, among other criteria by which a patient listing 222 may be filtered and/or flagged, the GUI portion 200 may enable sorting and/or flagging patient listings according to those patients which have missed appointments, are no longer seeking care, as well as other parameters further addressed in later Figures, such as the patient stopping use of the device, underutilization, discomfort, and the like.”
[0124] As further shown in FIG. 4L, GUI portion 303 may further be populated using, and/or displays, for each patient listing 222, “last care team update” region 336, by which the clinician may become informed of a therapy effectiveness indication, usage indication, etc., to help the clinician determine which patients are doing well and which may warrant faster or deeper attention (e.g., may be non-compliant). In some examples, the content of the region 336 for each patient listing 222 may be sorted (manually or automatically) per the at least one filter for different classes of the plurality of patients and/or may be flagged (manually or automatically) per the at least one filter, in a manner similar to that previously described for GUI portion 200 in associated with FIG. 4C. The “last care team update” region 336 may include similar or identical data to the therapy-related status update data, as previously described, and as shown at 338-1, 338-2, 338-3, 338-4.” Note: Also, see para 0093, 0101)
Regrading claim 9, Mairs teaches the computing device of claim 7.
Mairs further teaches wherein the second pop-up GUI, when launched in response to a first type of user input to a selectable element, displays additional information relating to the selectable element(para, “[0071]….. As shown at 104 in FIG. 3B, the method 100 may further include presenting the GUI by displaying selected ones of the plurality of GUI portions on a display screen of a clinician-controlled device. As previously and further described herein, the clinician portal may be accessible by the clinician and may provide automatic display of non-compliant patients on respective ones of the GUI portions in a manner that is efficient for the clinician to see and to transition between different GUI portions to obtain additional information and to interact with the patient(s). For example, as shown at 106 in FIG. 3C, the method 100 may further comprise, based on the patient data and the different classes of the plurality of patients, presenting a visual identification of respective ones of the plurality of patients on at least one of the plurality of GUI portions as being non-compliant patients and/or predicted non-compliant patients based on the at least one filter for different classes of the plurality of patients. In some examples, as shown at 108 in FIG. 3D, the plurality of GUI portions are displayed to expand features visually displayed on a display screen (e.g., of a clinician-controlled device) to manage the plurality of patients by exception based on a non-compliant criteria associated with the at least one filter, as further described herein.”)
Regrading claim 10, Mairs teaches the computing device of claim 7.
Mairs further teaches wherein the second pop-up GUI, when launched in response to a second type of user input to a selectable element, displays one or more management elements that when selected manage the selectable element(para, “[0227] With further reference to FIG. 10, the patient management engine 1300 comprises a display tools sub-engine 1350 by which the engine 1300 is to cause display of patient management information as a GUI on a display screen of a clinician-controlled device. As shown in FIG. 10, in some examples the display tools sub-engine 1350 may include a filter display function 1351 to provide the display of various attentions or alerts indicative of non-compliant patients, such as the attention icon(s) 224-2, 224-3 and resulting filters for the filter icons 208, 210, 212 illustrated by the GUI portion 200 of FIG. 4C and the attention icon(s) 404, 430, 482 illustrated by GUI portion 400 of FIG. 5A, among others.”
Also, para “[0177] By clicking on the different filter icons and/or in different combinations, the clinician may efficiently view non-compliant patients, which may be used to improve patient compliance. For example, the clinician may efficiently and effectively become informed of potential issues which may contribute to patient compliance or adherence, therapy efficacy, and improved patient outcomes, and may communicate with the patient to pro-actively resolve or mitigate the issues and/or to prevent the patient from becoming non-compliant and/or to improve patient compliance.”)
Regarding claim 11, Mairs teaches a method for a theranostics system, comprising:
displaying a menu listing one or more options for retrieving data of a plurality of patients from a plurality of data repositories of a hospital system, the plurality of data repositories including one or more electronic medical record (EMR) systems (para, “[0077] …… As shown in FIG. 4A, the GUI portion 180 comprises a banner including a patient indicator or icon 202, among other function selector icons (e.g., practice, help, etc.), such as a therapy icon 204 and an evaluation icon 206 as further described and illustrated by FIG. 4C. In some examples, the GUI portion 180 is populated using, and/or displays, patient data for a plurality of patients that includes both objective patient data and subjective patient data. The patient data may be populated in a patient identifying region 214, utilization region 220, patient survey region 226, and update region 230 for a group of example patient listings 222 (e.g., patient records for a plurality of patients in the group). In some examples, each patient listing 222 comprises, under patient identifying region 214, a name and/or other identifying information 182. A clinician may select a particular patient for further review, with at least some of those details being illustrated and further described herein.” Note: Also, see para 0080);
receiving a continuous data feed from the one or more EMR systems and selectively filtering the continuous data feed to extract patient data relevant to a theranostics protocol by applying a set of rules thereto (Para, “[0025] In some examples, methods, devices, and/or systems of patient management may comprise a patient remote control communicating its usage data wirelessly via a patient app (e.g., on a patient communication device) to a clinician portal. Via such arrangements, the clinician may receive patient usage data quickly, and in a manner convenient to the patient because the usage information may be sent from the patient's home, etc. The clinician may receive this usage data after use of the stimulation therapy each night such that, with regard to at least nightly usage metrics, the clinician is kept up to date on a near real-time basis.”
“[0041] The display screen 13 may be configured with the processing resource 11 to present a GUI 15 associated with a clinician portal 26 including a plurality of GUI portions 17A, 17B, 17C that are individually and selectively displayable to present patient data for a plurality of patients based on at least one filter for different classes of the plurality of patients. In some examples, presenting a GUI or a GUI portion of the GUI, as used herein, may refer to or include populating the GUI portion with at least a portion of the patient data and/or displaying the GUI portion that is populated using the at least portion of the patient data.”);
displaying a theranostics graphical user interface (GUI) that displays, for one or more of the plurality of patients, (para, “[0017] At least some examples of the present disclosure are directed to integrating information from different sources and/or pathways, etc., and displaying the integrated information on a graphic user interface (GUI) associated with a clinician portal in a manner used to enhance patient compliance with treatment, such as treating sleep disordered breathing (SDB). In some examples, the different sources and/or pathways may comprise patient management information, stimulation therapy information, and/or third party diagnostic/monitoring information. In some examples, integrating such information may enhance efficacy of stimulation therapy and/or of patient management. The third party diagnostic/monitoring information may be obtained from third party diagnostic/monitoring devices, which may communicate with the devices used to perform patient management and/or devices used to perform stimulation therapy…….”
Also, para “[0049] In some examples, the main GUI display may be a therapy-based display which is automatically displayed by the processing resource 11 when the clinician logs in to the clinician portal 26 and/or in response to the clinician selecting a therapy icon on one of the GUI portions 17A, 17B, 17B. .…” Note: Also, see para [0091] for therapy GUI display. Also, see para 0077),
at least one planned therapy cycle element for one or more cycles of the theranostics protocol ( para, “[0170] FIG. 5G is a block diagram schematically representing an example GUI portion 650 for patient care, which comprises at least some of substantially the same features and attributes of the GUI portion 570 of FIG. 5D, ..........For example, the GUI portion 650 is populated using, and/or displays, an office visit entry region 652 that displays a variety of icons and input fields 654, 660, 662, 664, 667, 668, which may be used to view the date of the entry (e.g., scheduled date icon 654, edit the date icon 656) and includes icons, such as a mark complete icon 658, an add ESS icon 660, a file drop box 662 to input files,........”)
and a pathway tracker indicating a first status of a current cycle of the theranostics protocol determined from the selectively filtered data from the one or more EMR systems para, “[0105] In some examples, the update region 230 refers to or includes a region displaying patient data pertaining to a therapy-related update status. The update region 230 may inform a clinician of a therapy effectiveness indication and/or a usage indication, etc., to help the clinician determine which patients are doing well and which may warrant faster or deeper attention. In the particular example, the update region 230 is populated using, and/or displays, information on the last update for the patient, which may include data pertaining to a patient not completing a patient survey within a time period, not providing utilization data within the time period or a second time period, and other updates.”
Also, para “[0095]….. As shown by FIG. 4C, in some examples, the utilization region 220 is populated using, and/or displays, data for patients that are compliant and patients that are non-compliant. More particularly, each patient listing 222, in the utilization region 220, may comprise data indicative of the patient use of an associated IMD. As shown at 224-1 and 224-2 of FIG. 4C, the utilization region 220 may include graphs with bars representing the IMD use per day and over the time period (e.g., 30 days). For patients that are non-compliant, the utilization region 220 may include a graph with a visual indication of the IMD utilization being below the threshold (e.g., an attention icon or indicator), as shown by 224-3, or absence of graph that visual indicates IMD utilization below the threshold (or other criteria), as shown by 224-2. More particularly, as shown by 224-2, for a patient with no utilization region 220 uploaded for the time period, a link may be displayed which is selectable to cause or initiate a communication to be output to a patient communication device to request upload of data (e.g., “Request upload”)……” Para 0041 for displaying portion/filtering of data.),
wherein the pathway tracker includes a snapshot element for each cycle of the theranostics protocol(para, “[0091]….. As shown in FIG. 4C, in some examples, the GUI portion 200 comprises a banner including a patient icon 202, among other function selector icons (e.g., practice, help, etc.). With the patient icon 202 selected, the example GUI portion 200 may comprise a therapy icon 204 and an evaluation icon 206. FIG. 4C represents an example implementation upon selection of the therapy icon 204, which includes patient data populated and/or displayed in different regions of the GUI portion 200, including a patient identifying region 214, utilization region 220, patient survey region 226, and update region 230 for a group of example patient listings 222 (e.g., patient records for a plurality of patients in the group)….”
Also, para “[0135] As shown in FIG. 5A, in some examples, the GUI portion 400 is populated using, and/or displays, a general region 403 and utilization region 416, which in turn includes a summary region 418, a nightly utilization region 428, an amplitude changes region 450, and a patient survey region 480. The GUI portion 400 may be further be populated using, and/or displays, selectable time period icons 434, 436, 438. For example, the GUI portion 400 may be displayed in response to selecting the particular patient from another GUI portion with a patient listing, such as GUI portion 200 of FIG. 4C, with the GUI portion 200 being the default display and/or being displayed in response to clinician selection of the therapy (report) icon 204 and the time period icon of 30 days icon 434.”);
in response to user selection of a planned therapy cycle element of the at least one planned therapy cycle element, displaying a pop-up GUI comprising one or more selectable elements configured to adjust a date of a cycle that corresponds to the planned therapy cycle element (Para, “[0129] As shown in FIG. 4M, the patient timeline region 352 of the GUI portion 340 may be populated using, and/or displays, an add new entry icon 354. The add new entry icon 354 may include a dropdown box with a list of entry types that may be added. Example entries include scheduling a virtual check-in for the patient to provide a patient survey, scheduling an appointment with the clinician, and adding an apnea-hypopnea index (AHI), among other entries. The add new entry icon 354 may be used to facilitate scheduling a virtual check-in or physical check-in.”
“[0169] It will be understood that upon selection of one of the other milestones, other expanded windows may be populated in GUI portion 600 with details particular to that milestone. For example, in response to selecting an initial consult milestone from the timeline, an expanded window may be populated using, and/or displays, scheduling details (e.g., date, completed, etc.), related files (e.g., patient assessment notes, images, etc.), a file upload input, and note input portion. The expanded windows may be referred to as pop-up windows.”
“[0168] As shown by 604 in FIG. 5F, in some examples, the virtual check-in details include various automated queries and answers supplied by the patient from their engagement of the patient survey on the virtual check-in of the patient app 812 on device 810, as shown in FIG. 7. Moreover, the provided details may include the scheduled date. While the expanded window 602 within GUI portion 600 illustrates at least some example detailed queries and answers, a further description regarding such queries and answers as part of a patient survey may be provided."
“[0228] The display tools sub-engine 1350 may further comprise a summary display function 1352 to provide a summary of various (selectable) usage parameters for display. One example implementation of summary display function 1352 (FIG. 10) comprises the parameters of summary region 418 in FIG. 5A. In some examples, the summary also may display a date range icon 432, which specifies and displays a date range for which the values of the parameters were obtained.”);
in response to a user selection of the snapshot element for a selected cycle, adding additional display elements to the theranostics GUI(para, “[0169] It will be understood that upon selection of one of the other milestones, other expanded windows may be populated in GUI portion 600 with details particular to that milestone. For example, in response to selecting an initial consult milestone from the timeline, an expanded window may be populated using, and/or displays, scheduling details (e.g., date, completed, etc.), related files (e.g., patient assessment notes, images, etc.), a file upload input, and note input portion. The expanded windows may be referred to as pop-up windows.”
Also, para “[0152] In some examples, the GUI portion 400 may be populated using, and/or displays, a key 460 of the indicators, which may comprise a clinician visit or note indicator 462, a patient survey indicator 464, a sleep study AHI indicator 466, a therapy adjustment indicator 467, and/or other type indicators. The key 460 may provide additional information, such as indicating the different colors or other visual indications of the nightly usage indicator, e.g., the therapy start portion 468, therapy on 470, and therapy paused 472 portions. The key may additionally provide information on amplitude changes, such as identifying different lines representing amplitude 474 and amplitude limits 476.”),
the additional display elements identifying a second status of each step of the selected cycle determined from the retrieved data from the one or more EMR systems, wherein the theranostics GUI is displayed while the one or more EMR systems are in an un-launched state (para, “[0127] Among other features, the patient timeline region 352 may conveniently provide a summary and sequence by which a clinician may immediately recognize which evaluation milestones have been met by the patient and which milestones have yet to been achieved. Accordingly, in some examples, the patient timeline region 352 aids the clinician in quickly determining on what path to proceed to help the particular patient, and/or may help the clinician to quickly determine which care team member to communicate with to facilitate progression of the patient through the various milestones. The clinician may select one of the listed milestones to be taken to another GUI portion to obtain more detailed information regarding the selected milestone. As an example, upon selection of the initial consult milestone or the add new entry icon 354, the clinician is taken to GUI portion 650 in FIG. 5G, which is further described herein.”)
Regrading claim 12, Mairs teaches the computing device of claim 1.
Mairs further teaches wherein the first status of the current cycle of the theranostics protocol is determined based on a set of rules applied to the retrieved data, the set of rules identifying demanded steps of the theranostics protocol and the second status of each step of the current cycle(para, “[0127] Among other features, the patient timeline region 352 may conveniently provide a summary and sequence by which a clinician may immediately recognize which evaluation milestones have been met by the patient and which milestones have yet to been achieved. Accordingly, in some examples, the patient timeline region 352 aids the clinician in quickly determining on what path to proceed to help the particular patient, and/or may help the clinician to quickly determine which care team member to communicate with to facilitate progression of the patient through the various milestones. The clinician may select one of the listed milestones to be taken to another GUI portion to obtain more detailed information regarding the selected milestone. As an example, upon selection of the initial consult milestone or the add new entry icon 354, the clinician is taken to GUI portion 650 in FIG. 5G, which is further described herein.”)
Regrading claim 13, Mairs teaches the computing device of claim 1.
Mairs further teaches wherein the theranostics GUI includes, for a first patient, an alert element indicating a detected issue with a step of a cycle of the theranostics protocol(para, “[0093] Each patient may include information for the different non-compliance classes, with respective patients visually identified or flagged based on at least one filter for different classes of the plurality of patients. In some examples, a filter, as used herein, refers to or includes a criteria, such as a threshold, a rate, or a reference, indicating a patient is compliant or non-compliant with respect to the particular compliance class. Patients which do not comply with or are outside the criteria, e.g., are below the threshold(s) or rate or deviate from a reference, may be visually identified or flagged on the GUI portion 200, such that the clinician may easily view non-compliant patients and/or predicted non-compliant patients.”)
Regrading claim 14, Mairs teaches the computing device of claim 1.
Mairs further teaches wherein the alert element is selectable to add a second additional display element to the theranostics GUI, the second additional display element including information specific to the alert obtained from the retrieved data from the one or more EMR systems(para, “[0171] The above-described various features of the GUI portions, as driven via the various functions and parameters, provide a rich environment by which a clinician may manage patient care. For instance, in some examples, upon a clinician viewing the various displayed patient data in GUI portions of FIGS. 4A-4H regarding non-compliant patients of multiple different compliance classes which are visually highlighted or flagged, and GUI portions of FIGS. 5A-5C regarding nightly usage, amplitude changes, and/or patient survey answers, the clinician may make an assessment regarding patient symptoms, patient adherence, and/or therapy efficacy (e.g. patient outcomes). Based on the assessment, the clinician may order further patient education, changes to stimulation therapy programming, and the like, as desired. At least some further details regarding this information-rich environment for patient management are described in association with at least FIG. 7, among other examples throughout the present disclosure.” Note: Also , see para 0027 for multiple/second GUI display and 0174 for patient data retrieval. )
Allowable Subject Matter
Claims 15-18, and 20-21 are allowed over the prior art. Claim 15, present combination of limitations that are not explicitly disclosed by prior art, specifically “display, on the theranostics GUI, for a selected patient of the one or more patients, a risk element that indicates whether a current cycle of the theranostics protocol is at risk: display, on the theranostics GUI, a lab flag indicating detection of a lab abnormality, wherein the risk element is displayed based on detection of the lab abnormality; and in response to selection of the lab flag, displaying a pop-up GUI comprising additional information relating to the lab abnormality.” Though each limitation individually is being substantially disclosed (see independent claim 11, and previous claim 19), the relevant prior arts don’t teach the limitations in combination as being claimed in claim 15 without improper hindsight. Specifically, the prior arts don’t link the display, lab abnormality flag, and the risk in the claimed arrangement. Claims 16-18, and 20-21 depend on claim 15.
Response to Arguments
Applicant's arguments filed on 06/24/2026 have been fully considered but they are not persuasive.
Remarks - 35 USC § 101
In remarks, Pg. 10, applicant contends:” claim 1 requires that the pathway tracker displays, for each cycle of a plurality of cycles of the theranostics protocol, only a snapshot element indicating the status of each step of a corresponding cycle. These snapshot elements present limited information about the corresponding cycle. Additional, more detailed information relating to the steps of the cycle is accessible only via selection of the snapshot element, which launches a pop-up GUI. This layered approach to presenting information constrains the type and amount of data initially displayed on the theranostics GUI. Further, claim 1 requires that the theranostics GUI is displayed while the one or more EMRs are in an un-launched state, a requirement that the device application exists in a particular state.”
As can be seen from the remarks, the applicant is presenting organization of information. The abstract idea is being executed by applying the GUI technology, where specific information is being disclosed, and user can click on the information to launch pop-up with more details. Presenting the information as snapshot, and launching a pop-up to display additional information is merely applying the known GUI technical environment, and applicant presents no technical details as to how the GUI technology is being improved, or what technical problem is being solved by claim limitations. The applicant’s improvement is in how the information are being organized, and displayed which is abstract idea itself.
In remarks, Pg. 10, applicant contends: “As described in Applicant's specification, "by displaying a limited set of information via the theranostics GUIs as described herein, operation of the computing device(s) that collect and render the data for display may be improved by reducing the processing demands of the computing device(s), thereby increasing the efficiency of the computing device(s).”
As described above, the remarks make it very clear that improvement is in user choice on how the information is organized and displayed, rather than any technical improvement. Also, if we reduce the processing demand, the operation of device will be improved. The applicant is not presenting any improvement into GUI technology, or in how the data is being structured and stored in the memory to make the data access more efficient. The improvement being discussed is business improvement, not a technical improvement.
In remarks, Pg. 10, applicant contends: “Additionally, because the theranostics GUI is displayed while the one or more EMRs are in an un-launched state, "the data from the EMRs may be used to generate the theranostics GUI and the pathway tracker and alert elements displayed therein and the EMR data may be used to populate additional display panels (e.g., pop-up GUIs) without the user having to access the EMRs themselves.”
The amended claims recite “receiving a continuous data feed from the one or more EMR systems and selectively filtering the continuous data feed to extract patient data relevant to a theranostics protocol by applying a set of rules thereto.” The claim is stating is “wherein the theranostics GUI is displayed while the one or more EMR systems are in an un-launched state.” The EMR’s are used to collect data, whereas the GUI is displaying data, once data is collected, the EMR doesn’t need to be launched, and it is irrelevant to claim language. As the claim recites, the EMR’s are already launched, and data is collected; accessing the EMR to collect data, is quite different than filtering the data, and displaying the data. It is not clear what improvement to technology the applicant is trying to convey by these remarks.
In remarks, Pg. 11, applicant contends: “further, as amended, claim 1 recites that the plurality of cycles are defined by rules based on the theranostics protocol and the status of each step is determined based on the rules. This is not a mental process that can be performed with pen and paper. As described in Applicant's specification, theranostics protocols demand many steps set up in a highly coordinated manner, and "the time it would take to individually collect data from multiple EMRs, aggregate and analyze the collected data, and visualize the data using standard methods could render the data useless by the time the data was seen as theranostics protocols often have specific timeframes." (See paragraph [0136] of Applicant's specification.) The claimed system automatically applies protocol-specific rules to patient data obtained from EMRs to determine the status of each step of each cycle, and does so while the EMRs themselves are in an un-launched state. This rule-based automated determination and selective display of cycle status information is rooted in computer technology and cannot practically be performed in the human mind or with pen and paper, particularly given the volume of data from multiple EMR sources and the real-time nature of the status determinations.”
The use of rules, plurality of cycles, status at each step, etc... are all organization of information. Then applicant also states , this is different than standard methods, and it improves the display of information in timely manner. The applicant is trying to convey that organizing and presenting the information in claimed manner, improves the timeliness, thus ensuring the data is up to date . However, the claims don’t present any technical method, that discusses, how this is being achieved. The applicant states that data is collected continuously in real time, and the GUI is presented without launching EMRs (EMR in unlaunched state). The selection/filtering of data, and organization of data for display is abstract idea; and known technology of collecting/filtering and displaying the data is being applied to this abstract idea. Thus, other than how the information is being organized, which is business decision, no technical improvement is being presented. The claims are devoid of any detail , how this improvement is being achieved.
In remarks, Pg. 11, applicant contends: “Amended claim 1 includes features similar to features included in the claims of U.S. Patent No. 8,713,476 (the '476 patent), which was at issue in Core Wireless VS. LG Electronics (Fed. Cir. Jan. 25, 2018; hereinafter Core Wireless) and were found patent- eligible by the Court. In Core Wireless, the Court determined that claims reciting a "limited list of data" that was "displayed while the one or more applications are in an un-launched state" were directed to an improved user interface for computing devices, not to an abstract idea. The Court stated that "these limitations disclose a specific manner of displaying a limited set of information to the user, rather than using conventional user interface methods to display a generic index on a computer."
The case facts of the above case are completely irrelevant to instant application. The above discussed case was deemed to show improvement in the computer functioning by presenting “an improved user interface for electronic devices that displays an application summary of unlaunched applications, where the particular data in the summary is selectable by a user to launch the respective application. Core Wireless Licensing S.A.R.L., v. LG Electronics, Inc., 880 F.3d 1356, 1362-63, 125 USPQ2d 1436, 1440-41 (Fed. Cir. 2018).” (See, MPEP2106.05(a)I)
Launching a pop-up window to display the additional information is different than launching the respective application. Launch of Pop-up window to see further details is conventional technology that is being applied in the claimed invention.
In remarks, Pg. 12, applicant contends: “Even if amended claim 1 were to recite an abstract idea, which Applicant refutes, the alleged abstract idea is integrated into a practical application. For example, the claimed configuration provides a technical solution to the technical problem of efficiently managing and displaying complex theranostics protocol data from multiple EMR sources. By constraining the initial display to limited snapshot elements, applying protocol-specific rules to determine step statuses, and maintaining the theranostics GUI while EMRs remain un-launched, the claim imposes meaningful limits on how the alleged abstract idea is implemented that are tied to improving the functioning of the computer itself.”
The argument presented, already have been addressed above in detail; Also, remarks such as “applying protocol-specific rules to determine step statuses”, refer to abstract idea, as these are specific rules, that are being used for decision making.
Remarks with regard to other claims, are substantially addressed above. The amended claim language has been addressed in the 35 U.S.C 101 analysis above. Please note, that 35 U.S.C 101 analysis have identified the additional limitations, but these additional limitations individually or combination are merely apply the known technical environment, of collecting, organizing, and displaying the data.
Remarks - 35 USC § 102
In remarks, Pg. 18, applicant contends: “In particular, Mairs fails to teach a pathway tracker that "comprises a cycle tracker comprising a snapshot element for each cycle of a plurality of cycles of the theranostics protocol, wherein each snapshot element indicates a status of each step of a corresponding cycle." Amended claim 1 requires a specific configuration: a cycle tracker that includes a plurality of snapshot elements, where each snapshot element corresponds to a respective cycle of a plurality of predefined cycles of a theranostics protocol and where each snapshot element indicates the status of each step of that corresponding cycle. As illustrated in Applicant's FIG. 3, reproduced below, the cycle tracker (cycle tracker 348) "may comprise an element for each cycle of the designated theranostics protocol, including completed cycle(s), a current cycle, and planned future cycle(s). Each element of the cycle tracker 348 may include a limited snapshot of steps of the corresponding cycle, whereby each step is displayed as a color corresponding to status of the step." (See paragraph [0069] of Applicant's specification.).”
Para 0026, instant specification states “For example, a multi-cycle treatment protocol may include cycles that are spaced precisely apart at intervals such as 4 weeks, 6 weeks, 8 weeks, etc.” Also, para 0036 of instant application states “for example, each cycle of a given theranostics protocol may comprise a pre-therapy lab step, a pre-therapy oncology visit step, a therapy step, a post-therapy imaging step, a post-therapy lab step, and a post-therapy oncology visit step, as a non-limiting example.” Over here, the cycles are just different periods of treatment, and the steps of cycles are the steps that are performed within the cycle. The claim language in light of the specification is very broad that any treatment, and its steps progress, will read on to the claim language. For example, para(Mairs reference ) teaches “[0107] More particularly and in some examples, each patient listing 222, in the update region 230, is populated using update parameters indicative of the last therapy-related update status or lack of a therapy-related update status in the time period, as shown at 232-1, 232-2, 232-3, 232-4. The update region 230 may be further populated using, and/or displays, data that tracks whether or not a patient has completed a survey as part of a virtual check-in...”
Para [0114] states “... the example update region 230 is populated using visual indications of the last therapy-related status update, such as the virtual check-in being late with a link to send a reminder (e.g., to promote patient compliance), as shown by 232-5, and a visual indication of the patient accepting a connection request, as shown by 232-6..”
Here, last physical therapy being cycle of the treatment, and the status of check-in being the status of step of the cycle (step performed within last therapy session). Also, the reference teaches organizing information in different manner, and displaying the status at each step (see Fig. 4L). Also, , para: “[0265] Example A1. A device comprising: a processing resource; and a display screen configured with the processing resource to present a graphical user interface (GUI) associated with a clinician portal including a plurality of GUI portions that are individually and selectively displayable to present patient data for a plurality of patients based on at least one filter for different classes of the plurality of patients.”
[0266] Example A2. The device of example A1, wherein the patient data comprises objective patient data at least indicative of stimulation therapy activity and subjective patient data indicative of patient feedback and the display screen and processing resource are configured to present the GUI displaying at least one of the plurality of GUI portions populated using at least portions of the objective patient data juxtaposed with at least portions of the subjective patient data for the plurality of patients.”
This the reference as whole teaches that different patient information can be filtered and displayed via the GUI.
The amended claim language with regards to claims 1, and 11 have been addressed in detail in the prior art section. The rejection with regard to claim 15 over the prior art have been withdrawn, thus arguments/remarks related to claims 15-18, and 20-21are moot.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
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/HUMA WASEEM/Examiner, Art Unit 3686
/JASON B DUNHAM/Supervisory Patent Examiner, Art Unit 3686
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