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 .
Status of Claim(s)
Claims 1-19 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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 17 of U.S. Patent No. 12,159,707. Although the claims at issue are not identical, they are not patentably distinct from each other because both claims recite receiving first patient data obtained by one or more patient devices that are associated with and assigned to a first patient …; establishing, with at least one of the computing system or a management console, a first network transport link between the computing system and at least one healthcare data system that is accessible by or associated with one or more healthcare providers; sending, with at least one of the computing system or the management console, the first patient data over the first network transport link to the at least one healthcare data system.
The claims differ in that claims 1, 17 of current application recite wherein the first network transport link is configured as a one-way network transport link that enables storage of the first patient data from the first data collector to the at least one healthcare data system while preventing access to any data stored in the at least one healthcare data system via the first network transport link, whereas claims 1, 17 of US Patent No. 12,159,707 recite wherein the first network transport link is configured as a one-way network transport link that allows communication from the computing system to and from the at least one healthcare data system and prevents access to any data stored in the at least one healthcare data system via the first network transport link
Below is a table showing detail Claims 1-19 of current application 18,962,232 and Claims 1-19 of US Patent 12,159,707.
18,962,232
US Patent No.12,159,707
1. A method, comprising:
receiving, with a computing system and from a first data collector, first patient data obtained by one or more patient devices that are associated with and assigned to a first patient, the first patient data being wirelessly collected from the one or more patient devices by the first data collector, the first data collector being assigned to the first patient, wherein the computing system and the first data collector are both located at a first customer premises associated with the first patient;
establishing, with at least one of the computing system or a management console, a first network transport link between the computing system and at least one healthcare data system that is accessible by or associated with one or more healthcare providers;
sending, with at least one of the computing system or the management console, the first patient data over the first network transport link to the at least one healthcare data system; and
storing, with the management console, the first patient data in the at least one healthcare data system, the first patient data being secured within a portion of the at least one healthcare data system that is allocated to information regarding the first patient,
wherein the first network transport link is configured as a one-way network transport link that enables storage of the first patient data from the first data collector to the at least one healthcare data system while preventing access to any data stored in the at least one healthcare data system via the first network transport link.
2. The method of claim 1, wherein the computing system comprises at least one of customer premises equipment ("CPE"), universal CPE ("uCPE"), a software-defined wide area network ("SD-WAN") uCPE, a customer premises-based computing system, network interface device, or an optical network terminal.
3. The method of claim 1, wherein the management console comprises at least one of a controller of a healthcare data management system, a secure server computer, a distributed computing system, or a cloud computing system.
4. The method of claim 1, wherein the one or more patient devices each comprises at least one of one or more health monitoring devices, one or more thermometers, one or more drug delivery devices, one or more personal tracking devices, an insulin pump, a pace maker, one or more drug storage and dispensing devices, or one or more patient user devices.
5. The method of claim 1, wherein the first patient data comprises at least one of data regarding physiology of the patient, health tracking data of the patient, or data regarding a health alert associated with the patient.
6. The method of claim 1, wherein the at least one healthcare data system comprises at least one of an electronic medical record ("EMR") system, an electronic health record ("EHR") system, one or more healthcare servers, or one or more healthcare provider user devices, wherein the one or more healthcare providers comprise at least one of a physician, a doctor, a surgeon, a nurse practitioner, a nurse, a medical assistant, a clinical receptionist, a pharmacist, a medical laboratory technician, a healthcare scheduler, or a health insurance agent.
7. The method of claim 1, wherein the first network transport link further comprises at least one of a virtual private network ("VPN"), a software-defined local area network ("SD-LAN"), a software-defined wide area network ("SD-WAN"), an Internet Protocol security ("IPsec") tunnel in the SD-LAN, an IPsec tunnel in the SD-WAN, or a virtual extension of a healthcare provider network in which the at least one healthcare data system is disposed.
8. The method of claim 1, wherein data segregation using a separate encryption key for each patient is used over the first network transport link to ensure compliance with privacy and protection standards for medical or patient data.
9. The method of claim 1, wherein sending the first patient data over the first network transport link to the at least one healthcare data system comprises the first data collector publishing the first patient data via the computing system, and wherein the at least one healthcare data system subscribes to the first patient data.
10. The method of claim 1, wherein the one or more patient devices comprise at least one first patient device that is assigned to the first patient concurrent with the first data collector being assigned to the first patient, wherein the at least one first patient device is pre-paired with the first data collector, enabling the at least one first patient device to automatically wirelessly communicate with the first data collector when both are activated at the first customer premises.
11. The method of claim 1, wherein the one or more patient devices comprise at least one second patient device that is assigned to the first patient after the first data collector has been assigned to the first patient and has been collecting data from other patient devices among the one or more patient devices, wherein the at least one second patient device is each added and registered as a new device that is associated with at least one of the first patient or the first data collector, enabling the at least one second patient device to automatically synchronize, and wirelessly communicate, with the first data collector when both are activated at the first customer premises.
12. The method of claim 1, further comprising: establishing, with the computing system, a wireless link between the computing system and the first data collector, wherein the first patient data is encrypted at each of the one or more patient devices, and wherein the first data collector receives the first patient data that has been encrypted over a paired wireless link between the first data collector and each corresponding patient device among the one or more patient devices, wherein the first data collector relays the collected first patient data to the computing system via the established wireless link.
13. The method of claim 12, wherein the wireless link comprises at least one of a Bluetooth wireless link, a WiFi wireless link, a ZigBee wireless link, or Z-wave wireless link.
14. The method of claim 1, wherein the at least one first data collector comprises a unique authentication token that is hard-coded.
15. The method of claim 1, further comprising:
establishing, with the management console, a second network transport link between the management console and at least one of the computing system or the first data collector; and providing, with the management console, patient device data to the at least one of the computing system or the first data collector over the second network transport link, the patient device data comprising a list of authorized patient devices among the one or more patient devices that are associated with and assigned to the first patient, wherein providing the patient device data comprises at least one of sending the patient device data to the computing system or providing the computing system with access over the second network transport link to a database containing the list of authorized patient devices associated with and assigned to the first patient, wherein the at least one of the computing system or the first data collector prevents collection of data, or prevents communication of data, from devices that are not listed in the patient device data.
16. The method of claim 15, further comprising: sending, with the management console, communications data to at least one patient device among the one or more patient devices via the computing system, wherein the communications data comprises at least one of data regarding drug prescriptions for the patient, data regarding fitness regime, or data regarding diet.
17. A system, comprising:
a computing system, comprising:
at least one first processor; and
a first non-transitory computer readable medium communicatively coupled to the at least one first processor, the first non-transitory computer readable medium having stored thereon computer software comprising a first set of instructions that, when executed by the at least one first processor, causes the computing system to:
receive, from a first data collector, first patient data obtained by one or more patient devices that are associated with and assigned to a first patient, the first patient data being wirelessly collected from the one or more patient devices by the first data collector, the first data collector being assigned to the first patient, wherein the computing system and the first data collector are both located at a first customer premises associated with the first patient;
a management console, comprising: at least one second processor; and
a second non-transitory computer readable medium communicatively coupled to the at least one second processor, the second non-transitory computer readable medium having stored thereon computer software comprising a second set of instructions that, when executed by the at least one second processor, causes the management console to:
establish a first network transport link between the computing system and at least one healthcare data system that is accessible by or associated with one or more healthcare providers;
send the first patient data over the first network transport link to the at least one healthcare data system; and
store the first patient data in the at least one healthcare data system, the first patient data being secured within a portion of the at least one healthcare data system that is allocated to information regarding the first patient, wherein the first network transport link is configured as a one-way network transport link that enables storage of the first patient data from the first data collector to the at least one healthcare data system while preventing access to any data stored in the at least one healthcare data system via the first network transport link.
18. The system of claim 17, wherein the computing system comprises at least one of customer premises equipment ("CPE"), universal CPE ("uCPE"), a software-defined wide area network ("SD-WAN") uCPE, a customer premises-based computing system, network interface device, or an optical network terminal, wherein the management console comprises at least one of a controller of a healthcare data management system, a secure server computer, a distributed computing system, or a cloud computing system.
19. The system of claim 17, wherein the one or more patient devices each comprises at least one of one or more health monitoring devices, one or more thermometers, one or more drug delivery devices, one or more personal tracking devices, an insulin pump, a pace maker, one or more drug storage and dispensing devices, or one or more patient user devices, wherein the at least one healthcare data system comprises at least one of an electronic medical record ("EMR") system, an electronic health record ("EHR") system, one or more healthcare servers, or one or more healthcare provider user devices, wherein the one or more healthcare providers comprise at least one of a physician, a doctor, a surgeon, a nurse practitioner, a nurse, a medical assistant, a clinical receptionist, a pharmacist, a medical laboratory technician, a healthcare scheduler, or a health insurance agent.
1. A method, comprising:
receiving, with a computing system and from a first data collector, first patient data obtained by one or more patient devices that are associated with and assigned to a first patient, the first patient data being wirelessly collected from the one or more patient devices by the first data collector, the first data collector being assigned to the first patient, wherein the computing system and the first data collector are both located at a first customer premises associated with the first patient;
establishing, with at least one of the computing system or a management console, a first network transport link between the computing system and at least one healthcare data system that is accessible by or associated with one or more healthcare providers,
sending, with at least one of the computing system or the management console, the first patient data over the first network transport link to the at least one healthcare data system; and
storing, with the management console, the first patient data in the at least one healthcare data system, the first patient data being secured within a portion of the at least one healthcare data system that is allocated to information regarding the first patient.
wherein the first network transport link is configured as a one-way network transport link that allows communication from the computing system to and from the at least one healthcare data system and prevents access to any data stored in the at least one healthcare data system via the first network transport link;
2. The method of claim 1, wherein the computing system comprises at least one of customer premises equipment (“CPE”), universal CPE (“uCPE”), a software-defined wide area network (“SD-WAN”) uCPE, a customer premises-based computing system, network interface device, or an optical network terminal.
3. The method of claim 1, wherein the management console comprises at least one of a controller of a healthcare data management system, a secure server computer, a distributed computing system, or a cloud computing system.
4. The method of claim 1, wherein the one or more patient devices each comprises at least one of one or more health monitoring devices, one or more thermometers, one or more drug delivery devices, one or more personal tracking devices, an insulin pump, a pace maker, one or more drug storage and dispensing devices, or one or more patient user devices.
5. The method of claim 1, wherein the first patient data comprises at least one of data regarding physiology of the patient, health tracking data of the patient, or data regarding a health alert associated with the patient.
6. The method of claim 1, wherein the at least one healthcare data system comprises at least one of an electronic medical record (“EMR”) system, an electronic health record (“EHR”) system, one or more healthcare servers, or one or more healthcare provider user devices, wherein the one or more healthcare providers comprise at least one of a physician, a doctor, a surgeon, a nurse practitioner, a nurse, a medical assistant, a clinical receptionist, a pharmacist, a medical laboratory technician, a healthcare scheduler, or a health insurance agent.
7. The method of claim 1, wherein the first network transport link further comprises at least one of a virtual private network (“VPN”), a software-defined local area network (“SD-LAN”), a software-defined wide area network (“SD-WAN”), an Internet Protocol security (“IPsec”) tunnel in the SD-LAN, an IPsec tunnel in the SD-WAN, or a virtual extension of a healthcare provider network in which the at least one healthcare data system is disposed.
8. The method of claim 1, wherein data segregation using a separate encryption key for each patient is used over the first network transport link to ensure compliance with privacy and protection standards for medical or patient data.
9. The method of claim 1, wherein sending the first patient data over the first network transport link to the at least one healthcare data system comprises the first data collector publishing the first patient data via the computing system, and wherein the at least one healthcare data system subscribes to the first patient data.
10. The method of claim 1, wherein the one or more patient devices comprise at least one first patient device that is assigned to the first patient concurrent with the first data collector being assigned to the first patient, wherein the at least one first patient device is pre-paired with the first data collector, enabling the at least one first patient device to automatically wirelessly communicate with the first data collector when both are activated at the first customer premises.
11. The method of claim 1, wherein the one or more patient devices comprise at least one second patient device that is assigned to the first patient after the first data collector has been assigned to the first patient and has been collecting data from other patient devices among the one or more patient devices, wherein the at least one second patient device is each added and registered as a new device that is associated with at least one of the first patient or the first data collector, enabling the at least one second patient device to automatically synchronize, and wirelessly communicate, with the first data collector when both are activated at the first customer premises.
12. The method of claim 1, further comprising:
establishing, with the computing system, a wireless link between the computing system and the first data collector, wherein the first patient data is encrypted at each of the one or more patient devices, and wherein the first data collector receives the first patient data that has been encrypted over a paired wireless link between the first data collector and each corresponding patient device among the one or more patient devices, wherein the first data collector relays the collected first patient data to the computing system via the established wireless link.
13. The method of claim 12, wherein the wireless link comprises at least one of a Bluetooth wireless link, a WiFi wireless link, a ZigBee wireless link, or Z-wave wireless link.
14. The method of claim 1, wherein the at least one first data collector comprises a unique authentication token that is hard-coded.
15. The method of claim 1, further comprising:
establishing, with the management console, a second network transport link between the management console and at least one of the computing system or the first data collector; and
providing, with the management console, patient device data to the at least one of the computing system or the first data collector over the second network transport link, the patient device data comprising a list of authorized patient devices among the one or more patient devices that are associated with and assigned to the first patient, wherein providing the patient device data comprises at least one of sending the patient device data to the computing system or providing the computing system with access over the second network transport link to a database containing the list of authorized patient devices associated with and assigned to the first patient, wherein the at least one of the computing system or the first data collector prevents collection of data, or prevents communication of data, from devices that are not listed in the patient device data.
16. The method of claim 15, further comprising:
sending, with the management console, communications data to at least one patient device among the one or more patient devices via the computing system, wherein the communications data comprises at least one of data regarding drug prescriptions for the patient, data regarding fitness regime, or data regarding diet.
17. A system, comprising:
a computing system, comprising:
at least one first processor; and
a first non-transitory computer readable medium communicatively coupled to the at least one first processor, the first non-transitory computer readable medium having stored thereon computer software comprising a first set of instructions that, when executed by the at least one first processor, causes the computing system to:
receive, from a first data collector, first patient data obtained by one or more patient devices that are associated with and assigned to a first patient, the first patient data being wirelessly collected from the one or more patient devices by the first data collector, the first data collector being assigned to the first patient, wherein the computing system and the first data collector are both located at a first customer premises associated with the first patient;
a management console, comprising:
at least one second processor; and
a second non-transitory computer readable medium communicatively coupled to the at least one second processor, the second non-transitory computer readable medium having stored thereon computer software comprising a second set of instructions that, when executed by the at least one second processor, causes the management console to:
establish a first network transport link between the computing system and at least one healthcare data system that is accessible by or associated with one or more healthcare providers, wherein the first network transport link is configured as a one-way network transport link that allows communication from the computing system to and from the at least one healthcare data system and prevents access to any data stored in the at least one healthcare data system via the first network transport link;
send the first patient data over the first network transport link to the at least one healthcare data system; and
store the first patient data in the at least one healthcare data system, the first patient data being secured within a portion of the at least one healthcare data system that is allocated to information regarding the first patient.
18. The system of claim 17, wherein the computing system comprises at least one of customer premises equipment (“CPE”), universal CPE (“uCPE”), a software-defined wide area network (“SD-WAN”) uCPE, a customer premises-based computing system, network interface device, or an optical network terminal, wherein the management console comprises at least one of a controller of a healthcare data management system, a secure server computer, a distributed computing system, or a cloud computing system.
19. The system of claim 17, wherein the one or more patient devices each comprises at least one of one or more health monitoring devices, one or more thermometers, one or more drug delivery devices, one or more personal tracking devices, an insulin pump, a pace maker, one or more drug storage and dispensing devices, or one or more patient user devices, wherein the at least one healthcare data system comprises at least one of an electronic medical record (“EMR”) system, an electronic health record (“EHR”) system, one or more healthcare servers, or one or more healthcare provider user devices, wherein the one or more healthcare providers comprise at least one of a physician, a doctor, a surgeon, a nurse practitioner, a nurse, a medical assistant, a clinical receptionist, a pharmacist, a medical laboratory technician, a healthcare scheduler, or a health insurance agent.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tran et al. (US. 20120242501A1 hereinafter Tran) in view of Reid et al. (US 20120191476A1 hereinafter Reid).
With respect to claim 1, Tran teaches a method, comprising:
receiving, with a computing system and from a first data collector, first patient data obtained by one or more patient devices that are associated with and assigned to a first patient (‘501; Para 0006: a heart monitoring system for a person includes one or more wireless nodes; and a wearable appliance in communication with the one or more wireless nodes, the appliance continuously monitoring vital sign. Other implementations can monitor heart rate, heart rate variability, respiratory rate, fluid status, posture and activity), the first patient data being wirelessly collected from the one or more patient devices by the first data collector, the first data collector being assigned to the first patient (‘501; Para 0007: a heart monitoring system for a person includes one or more wireless nodes forming a wireless network and a wearable appliance having a sound transducer coupled to the wireless transceiver; and a heart disease recognizer coupled to the sound transducer to determine cardiovascular health and to transmit heart sound over the wireless network to a remote listener if the recognizer identifies a cardiovascular problem. The heart sound being transmitted may be compressed to save transmission bandwidth; Para 0276: The base station 20 frequently collects and synchronizes data from the appliances 8), wherein the computing system and the first data collector are both located at a first customer premises associated with the first patient (‘501; Para 0284: CTI processors and other hardware within a call-center is commonly referred to as customer premises equipment (CPE).);
establishing, with at least one of the computing system or a management console, a first network transport link between the computing system and at least one healthcare data system that is accessible by or associated with one or more healthcare providers (‘501; Para 0289: a system for delivering medical examination, diagnosis, and treatment services from a physician to a patient over a network includes a first plurality of health care practitioners at a plurality of terminals, each of the first plurality of health care practitioner terminals including a display device that shows information collected by the wearable appliances and a second plurality of patient terminals or wearable appliances in audiovisual communication over a network with any of the first plurality of health care practitioner terminals);
sending, with at least one of the computing system or the management console, the first patient data over the first network transport link to the at least one healthcare data system (‘501; Para 0358: sending patient information through wireless connection to the base station as illustrated in Para 0055 for transmitting patient data from health monitoring appliances to health data system); and
storing, with the management console, the first patient data in the at least one healthcare data system, the first patient data being secured within a portion of the at least one healthcare data system that is allocated to information regarding the first patient, (‘501; Para 0057: The base station/server 20 stores the patient's ambulation pattern and vital parameters and can be accessed by the patient's family members (sons/daughters), physicians, caretakers, nurses, hospitals, and elderly community. The base station/server 20 may communicate with the remote server 200 by DSL, T-1 connection over a private communication network or a public information network, such as the Internet 100, among others; Para 0080: a network should be secured with the use of a network key used by all the devices to protect all network frames and prevent the unauthorized joining and use of the network illegitimate devices).
Tran discloses the management console (‘501; Para 0352). However, Tran does not disclose the first network transport link is configured as a one-way network transport link.
Reid teaches
wherein the first network transport link is configured as a one-way network transport link that enables storage of the first patient data from the first data collector to the at least one healthcare data system while preventing access to any data stored in the at least one healthcare data system via the first network transport link (‘476; Para 0479: A one-way or two-way communication may be established with the WCD 157 (block 7204). For example, this communication may be wireless, wired, or another form of communicable coupling. Communication may be established by connecting a cable to the WCD 157, in which case the presence of, and communication with, the WCD 157 would be established by the cable connection. One-way communication may be established by simply receiving data which the WCD 157 is already configured to send or which WCD 157 already sends. The communication with the WCD 157 may also be authenticated, to restrict the sharing of patient information to those devices and/or people who are permitted or approved to receive and/or use such information)
It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to modify the system of Tran with the technique of collection, organization and display ems information as taught by Reid in order to provide the communication via one-way network transport link for preventing access patient data.
With respect to claim 2, the combined art teaches the method of claim 1, Tran discloses wherein the computing system comprises at least one of customer premises equipment ("CPE"), universal CPE ("uCPE"), a software-defined wide area network ("SD-WAN") uCPE, a customer premises-based computing system, network interface device, or an optical network terminal (‘501; Para 0284: CTI processors and other hardware within a call-center is commonly referred to as customer premises equipment (CPE).).
With respect to claim 3, the combined art teaches the method of claim 1, Tran discloses wherein the management console comprises at least one of a controller of a healthcare data management system, a secure server computer, a distributed computing system, or a cloud computing system (‘501; Para 0076).
With respect to claim 4, the combined art teaches the method of claim 1, Tran discloses wherein the one or more patient devices each comprises at least one of one or more health monitoring devices, one or more thermometers, one or more drug delivery devices, one or more personal tracking devices, an insulin pump, a pace maker, one or more drug storage and dispensing devices, or one or more patient user devices (‘501; Para 0024: The patient's home equipment is simple to use and modular to allow for the accommodation of the monitoring device to the specific needs of each patient; Para 0258: smart cabinet then tracks all medicine stored in it; Para 0259: tracking location).
With respect to claim 5, the combined art teaches the method of claim 1, Tran discloses wherein the first patient data comprises at least one of data regarding physiology of the patient, health tracking data of the patient, or data regarding a health alert associated with the patient (‘501; Para 0134: medical workers can track the person's health status as well as take swift action in emergencies; Para 0155: The network of sensors in a patient's home can recognize ordinary patterns—such as eating, sleeping, and greeting visitors—and to alert caretakers to out-of-the-ordinary ones—such as prolonged inactivity or absence).
With respect to claim 6, the combined art teaches the method of claim 1, wherein the at least one healthcare data system comprises at least one of an electronic medical record ("EMR") system, an electronic health record ("EHR") system, one or more healthcare servers, or one or more healthcare provider user devices, wherein the one or more healthcare providers comprise at least one of a physician, a doctor, a surgeon, a nurse practitioner, a nurse, a medical assistant, a clinical receptionist, a pharmacist, a medical laboratory technician, a healthcare scheduler, or a health insurance agent (‘501; Para 0365).
With respect to claim 7, the combined art teaches the method of claim 1, wherein the first network transport link further comprises at least one of a virtual private network ("VPN"), a software-defined local area network ("SD-LAN"), a software-defined wide area network ("SD-WAN"), an Internet Protocol security ("IPsec") tunnel in the SD-LAN, an IPsec tunnel in the SD-WAN, or a virtual extension of a healthcare provider network in which the at least one healthcare data system is disposed (‘501; Para 0248: VPN; Para 0284: Such stations may be interconnected through the PC/VDUs by a local area network (LAN). One or more data or transaction servers may also be connected to the LAN that interconnects agent stations;).
With respect to claim 8, the combined art teaches the method of claim 1, wherein data segregation using a separate encryption key for each patient is used over the first network transport link to ensure compliance with privacy and protection standards for medical or patient data (‘501; Paras 0080, 0083).
With respect to claim 9, the combined art teaches the method of claim 1, Tran discloses wherein sending the first patient data over the first network transport link to the at least one healthcare data system comprises the first data collector publishing the first patient data via the computing system, and wherein the at least one healthcare data system subscribes to the first patient data (‘501; Para 0275).
With respect to claim 10, the combined art teaches the method of claim 1, Tran discloses wherein the one or more patient devices comprise at least one first patient device that is assigned to the first patient concurrent with the first data collector being assigned to the first patient, wherein the at least one first patient device is pre-paired with the first data collector, enabling the at least one first patient device to automatically wirelessly communicate with the first data collector when both are activated at the first customer premises (‘501; Para 0284).
With respect to claim 11, the combined art teaches the method of claim 1, Tran discloses wherein the one or more patient devices comprise at least one second patient device that is assigned to the first patient after the first data collector has been assigned to the first patient and has been collecting data from other patient devices among the one or more patient devices, wherein the at least one second patient device is each added and registered as a new device that is associated with at least one of the first patient or the first data collector, enabling the at least one second patient device to automatically synchronize, and wirelessly communicate, with the first data collector when both are activated at the first customer premises (‘501; Para 0284).
With respect to claim 12, the combined art teaches the method of claim 1, Tran discloses further comprising: establishing, with the computing system, a wireless link between the computing system and the first data collector, wherein the first patient data is encrypted at each of the one or more patient devices, and wherein the first data collector receives the first patient data that has been encrypted over a paired wireless link between the first data collector and each corresponding patient device among the one or more patient devices, wherein the first data collector relays the collected first patient data to the computing system via the established wireless link (‘501; Para 0058: The sensor 40 can also include an indoor positioning system or alternatively a global position system (GPS) receiver that relays the position and ambulatory patterns of the patient to the server 20 for mobility tracking; Para 0275: The appliance(s) are then associated with this user's account and a control file with appliance identification information is synchronized between the server 200 and the base station 20 and each appliance on initialization. In one embodiment, each appliance 8 transmits data to the base station 20 in an XML format for ease of interfacing and is either kept encrypted or in a non-readable format on the base station 20 for security reasons.).
With respect to claim 13, the combined art teaches the method of claim 12, Tran discloses wherein the wireless link comprises at least one of a Bluetooth wireless link, a WiFi wireless link, a ZigBee wireless link, or Z-wave wireless link (‘501; Para 0035: Zigbee; Para 0056).
With respect to claim 14, the combined art teaches the method of claim 1, Tran discloses wherein the at least one first data collector comprises a unique authentication token that is hard-coded (‘501; Paras 0273, 0405).
With respect to claim 15, the combined art teaches the method of claim 1, Tran discloses further comprising:
establishing, with the management console, a second network transport link between the management console and at least one of the computing system or the first data collector (‘501; Para 0352); and
providing, with the management console, patient device data to the at least one of the computing system or the first data collector over the second network transport link, the patient device data comprising a list of authorized patient devices among the one or more patient devices that are associated with and assigned to the first patient, wherein providing the patient device data comprises at least one of sending the patient device data to the computing system or providing the computing system with access over the second network transport link to a database containing the list of authorized patient devices associated with and assigned to the first patient, wherein the at least one of the computing system or the first data collector prevents collection of data, or prevents communication of data, from devices that are not listed in the patient device data (‘501; Fig. 1H: multiple devices).
With respect to claim 16, the combined art teaches the method of claim 15, Tran discloses further comprising: sending, with the management console, communications data to at least one patient device among the one or more patient devices via the computing system, wherein the communications data comprises at least one of data regarding drug prescriptions for the patient, data regarding fitness regime, or data regarding diet (‘501; Para 0286: prescription.).
With respect to claim 17, Tran teaches a system, comprising:
a computing system, comprising:
at least one first processor (‘501; Para 0061); and
a first non-transitory computer readable medium communicatively coupled to the at least one first processor, the first non-transitory computer readable medium having stored thereon computer software comprising a first set of instructions that, when executed by the at least one first processor (‘501; Para 0410), causes the computing system to:
receive, from a first data collector, first patient data obtained by one or more patient devices that are associated with and assigned to a first patient (‘501; Para 0006: a heart monitoring system for a person includes one or more wireless nodes; and a wearable appliance in communication with the one or more wireless nodes, the appliance continuously monitoring vital sign. Other implementations can monitor heart rate, heart rate variability, respiratory rate, fluid status, posture and activity), the first patient data being wirelessly collected from the one or more patient devices by the first data collector, the first data collector being assigned to the first patient (‘501; Para 0007: a heart monitoring system for a person includes one or more wireless nodes forming a wireless network and a wearable appliance having a sound transducer coupled to the wireless transceiver; and a heart disease recognizer coupled to the sound transducer to determine cardiovascular health and to transmit heart sound over the wireless network to a remote listener if the recognizer identifies a cardiovascular problem. The heart sound being transmitted may be compressed to save transmission bandwidth; Para 0276: The base station 20 frequently collects and synchronizes data from the appliances 8), wherein the computing system and the first data collector are both located at a first customer premises associated with the first patient (‘501; Para 0284: CTI processors and other hardware within a call-center is commonly referred to as customer premises equipment (CPE).);
a management console, comprising:
at least one second processor; and
a second non-transitory computer readable medium communicatively coupled to the at least one second processor, the second non-transitory computer readable medium having stored thereon computer software comprising a second set of instructions that, when executed by the at least one second processor, causes the management console to:
establish a first network transport link between the computing system and at least one healthcare data system that is accessible by or associated with one or more healthcare providers (‘501; Para 0289: a system for delivering medical examination, diagnosis, and treatment services from a physician to a patient over a network includes a first plurality of health care practitioners at a plurality of terminals, each of the first plurality of health care practitioner terminals including a display device that shows information collected by the wearable appliances and a second plurality of patient terminals or wearable appliances in audiovisual communication over a network with any of the first plurality of health care practitioner terminals);
send the first patient data over the first network transport link to the at least one healthcare data system (‘501; Para 0358: sending patient information through wireless connection to the base station as illustrated in Para 0055 for transmitting patient data from health monitoring appliances to health data system); and
store the first patient data in the at least one healthcare data system, the first patient data being secured within a portion of the at least one healthcare data system that is allocated to information regarding the first patient (‘501; Para 0057: The base station/server 20 stores the patient's ambulation pattern and vital parameters and can be accessed by the patient's family members (sons/daughters), physicians, caretakers, nurses, hospitals, and elderly community. The base station/server 20 may communicate with the remote server 200 by DSL, T-1 connection over a private communication network or a public information network, such as the Internet 100, among others; Para 0080: a network should be secured with the use of a network key used by all the devices to protect all network frames and prevent the unauthorized joining and use of the network illegitimate devices),
Tran discloses the management console (‘501; Para 0352). However, Tran does not disclose the first network transport link is configured as a one-way network transport link.
Reid teaches
wherein the first network transport link is configured as a one-way network transport link that enables storage of the first patient data from the first data collector to the at least one healthcare data system while preventing access to any data stored in the at least one healthcare data system via the first network transport link (‘476; Para 0479: A one-way or two-way communication may be established with the WCD 157 (block 7204). For example, this communication may be wireless, wired, or another form of communicable coupling. Communication may be established by connecting a cable to the WCD 157, in which case the presence of, and communication with, the WCD 157 would be established by the cable connection. One-way communication may be established by simply receiving data which the WCD 157 is already configured to send or which WCD 157 already sends. The communication with the WCD 157 may also be authenticated, to restrict the sharing of patient information to those devices and/or people who are permitted or approved to receive and/or use such information)
It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to modify the system of Tran with the technique of collection, organization and display ems information as taught by Reid in order to provide the communication via one-way network transport link for preventing access patient data.
With respect to claim 18, the combined art teaches the system of claim 17, Tran discloses wherein the computing system comprises at least one of customer premises equipment ("CPE"), universal CPE ("uCPE"), a software-defined wide area network ("SD-WAN") uCPE, a customer premises-based computing system, network interface device, or an optical network terminal, wherein the management console comprises at least one of a controller of a healthcare data management system, a secure server computer, a distributed computing system, or a cloud computing system (‘501; Para 0284).
With respect to claim 19, the combined art teaches the system of claim 17, Tran discloses wherein the one or more patient devices each comprises at least one of one or more health monitoring devices, one or more thermometers, one or more drug delivery devices, one or more personal tracking devices, an insulin pump, a pace maker, one or more drug storage and dispensing devices, or one or more patient user devices, wherein the at least one healthcare data system comprises at least one of an electronic medical record ("EMR") system, an electronic health record ("EHR") system, one or more healthcare servers, or one or more healthcare provider user devices, wherein the one or more healthcare providers comprise at least one of a physician, a doctor, a surgeon, a nurse practitioner, a nurse, a medical assistant, a clinical receptionist, a pharmacist, a medical laboratory technician, a healthcare scheduler, or a health insurance agent (‘501; Para 0025; Paras 0285-0286).
Conclusion
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/HIEP V NGUYEN/Primary Examiner, Art Unit 3686