DETAILED ACTION
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 Claims
This action is in reply to the application filed on 12/03/2024.
Claims 1-15 are currently pending and have been examined.
Information Disclosure Statement
The information disclosure statements (IDS) were submitted on 12/30/2024, 1/22/2025, and 9/08/2025. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
A locating system being configured to track (of claim 11)
A scheduling engine configured to collect scheduling data (of claim 12)
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
The Examiner has reviewed the as filed disclosure and determined the following:
A locating system being configured to track (of claim 11)
Para 13 discloses, “the system, for example the computing system, may be configured to track or monitor the location or position of devices in or related to the health care facility. Such tracking may be implemented by any suitable means, for example using a real-time locating system (RTLS), which may in some examples may implement ultra wide band receivers and transmitters, or beacons installed into or otherwise related to the plurality of devices.” Para 38 discloses, “the tracking of the plurality of the devices may be provided by an integrated software application such as an RTLS, the computing system being in communication with the RTLS.” As such, the locating system is disclosed in the specification as an integrated software application ran on the computing system. Thus, there is proper support for the hardware and software of the locating system of claim 11.
A scheduling engine configured to collect scheduling data (of claim 12)
Paragraph 42 of the Applicant’s specification discloses, “the method further comprises the computing system communicating with a scheduling engine.” Para 74 of the Applicant’s specification discloses, “The computing system comprises a data lake 107, which comprises elements which may be stored in the memory of the computing system. In this example, the computing system, and in particular the memory of the computing system, comprises a device status memory, information related to event triggers, an analystics engine, and a reporting engine. In this example, the analystics engine comprises the scheduling engine described in more detail with reference to Figs. 10a and 10b below.” Thus disclosing that the computing system and memory of the computing system comprises… an analystics engine which comprises the scheduling engine. Thus, the specification discloses proper support for the scheduling engine configured to collect scheduling data.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claimed invention is directed to an abstract idea without significantly more. Claims 1-15 are directed to a system, method, or product which are one of the statutory categories of invention. (Step 1: YES).
Independent Claim 1 discloses a graphical user interface, GUI, system for providing an interactive representation of a health care facility, the system comprising: a computing system comprising a memory including resource data of resources of a health care facility, the resources including a plurality of devices; a graphical user interface in communication with the computing system; and a three-dimensional graphical representation of the health care facility displayable by the graphical user interface for interactively managing the resources of the health care facility, wherein the three-dimensional graphical representation is configured to provide an output related to at least one device of the plurality of devices, the output being interactable by a user for performing at least one action related to the at least one device.
Independent Claim 14 discloses a method for providing an interactive representation of a health care facility, the method comprising: storing, in a memory of a computing system, resource data of resources of a health care facility, the resources including a plurality of health care devices; displaying, by a graphical user interface, a three-dimensional representation of the health care facility for interactively managing the resources of the health care facility; providing, at the three-dimensional graphical representation, an output related to at least one device of the plurality of devices; and receiving, at the three-dimensional graphical representation, at least one action by a user for interacting with at least one device of the plurality of devices.
The examiner is interpreting the above bolded limitations as additional elements as further discussed below. The remaining un-bolded limitations are merely directed to rules a user would follow to manage resources of a health care facility. The series of steps recited above describe managing personal behavior or relationships or interactions between people and thus are grouped as certain methods of organizing human activity which is an abstract idea. (Step 2A- Prong 1: YES. The claims are abstract).
This judicial exception is not integrated into a practical application. Limitations that are not indicative of integration into a practical application include: (1) 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 (MPEP 2106.05.f), (2) Adding insignificant extra- solution activity to the judicial exception (MPEP 2106.05.g), (3) Generally linking the use of the judicial exception to a particular technological environment or field of use (MPEP 2106.05.h).
Independent Claim 1 discloses the following additional elements:
a computing system
a memory
a graphical user interface in communication with the computing system
Independent Claim 14 discloses the following additional elements:
a memory of a computing system
a graphical user interface
In particular, the computing system (of claim 1), memory (of claim 1), memory of a computing system (of claim 14), graphical user interface in communication with the computing system (of claim 1) and graphical user interface (of claim 14) are recited at a high-level of generality such that it amounts to no more than mere instructions to implement an abstract idea by adding the words ‘apply it’ (or an equivalent) with the judicial exception.
Applicant’s specification states in paragraph 10, “graphical representation may be displayable, for example, through the display of a graphical user interface on a display or monitor. Such a display or monitor may comprise any suitable computing device such as a computer, laptop, or portable computing device.” As such, the display is performing as expected (it is displaying information). The claims do not disclose a particular way to display the graphical representation nor a particular way the graphical representation is generated, it merely claims displaying a graphical representation.
Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Accordingly, claim(s) 1 and 14 are directed to an abstract idea(s) without a practical application. (Step 2A-Prong 2: NO: the additional claimed elements are not integrated into a practical application).
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of the computing system (of claim 1), memory (of claim 1), memory of a computing system (of claim 14), graphical user interface in communication with the computing system (of claim 1) and graphical user interface (of claim 14) amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept ("significantly more’). MPEP2106.05(I)(A) indicates that merely saying "apply it” or equivalent to the abstract idea cannot provide an inventive concept ("significantly more").
Accordingly, even in combination, this additional element does not provide significantly more. As such the independent claims 1 and 14 are not patent eligible. (Step 2B: NO. The claims do not provide significantly more).
Dependent claim(s) 2-13 and 15 are similarly rejected because they either further define/narrow the abstract idea and/or do not further limit the claim to a practical application or provide an inventive concept such that the claims are subject matter eligible even when considered individually or as an ordered combination.
Dependent claims 9, 11-13 and 15 do further disclose the additional element(s) of a display, camera, and diagnostic equipment (options of devices as claimed in claim 9), a locating system (of claim 11) a scheduling engine being (of claim 12), one or more integrated software applications (claim 13), and a non-transitory computer-readable medium having stored thereon instructions that, when executed, cause a processor to perform a method (claim 15).
In particular, the display, camera, and diagnostic equipment (of claim 9), the locating system (of claim 11), the scheduling engine (of claim 12), the one or more integrated software applications (of claim 13) and non-transitory computer readable medium having stored thereon instructions that, when executed, cause a processor to perform a method (of claim 15) are recited at a high-level of generality such that it amounts to no more than mere instructions to implement an abstract idea by adding the words ‘apply it’ (or an equivalent) with the judicial exception. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of the display, camera, and diagnostic equipment (of claim 9), the locating system (of claim 11), the scheduling engine (of claim 12), the one or more integrated software applications (of claim 13) and non-transitory computer readable medium having stored thereon instructions that, when executed, cause a processor to perform a method (of claim 15) amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept ("significantly more’). MPEP2106.05(I)(A) indicates that merely saying "apply it” or equivalent to the abstract idea cannot provide an inventive concept ("significantly more").
Therefore, the dependent claims are also directed to an abstract idea.
Thus, Claims 1-15 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-4 and 6-15 are rejected under 35 U.S.C. 103 as being unpatentable over Donoghue (US PG Pub 2006/0004605 A1) in view of Karamba (US PG Pub 2018/0189449 A1).
Regarding Claim 1, Donoghue discloses
A graphical user interface, GUI, system for providing an interactive representation of a health care facility, the system comprising:
a computing system… the resources including a plurality of devices; a graphical user interface in communication with the computing system; and (Para 34 discloses the graphical representation preferably allows a user to display customizable statistics regarding different areas of the health care facility, display customizable statistics regarding patients in the health care facility, and display customizable statistics regarding health care facility resources of the health care facility. For example, the graphical representation also allows a user to selectively access, analyze and display bed occupancy data for the health care facility. Para 36-37 discloses the graphical representation of the present invention is preferably accessible via a web browser for connection to the Internet, an intranet, or other wireless network. For example, users can preferably log in from remote locations as well as in the health care facility… The graphical representation of the present invention may also be oriented with respect to the location of the user. For example, if a user logs in to a computer [computing system] facing a south wall of the health care facility… Para 45 discloses a user can preferably obtain information on this patient by selecting or hovering over the visual indicators or icons displayed in the interactive map. A user may also review patient data, review health care facility resource data, review the chart of the patient, review the status of the patient, perform actions on the patient, or perform actions on health care facility resources. A user could also determine if rooms were clean and available for new patients, or if rooms were dirty and not available for new patients. Visual indicators are preferably included to indicate empty beds, available beds, occupied beds, dirty beds, waiting patients, severity of patient condition such as low-priority, fast-track, and critical, patient age indications, such as pediatric, general, and geriatric, health care facility resources such as mobile and stationary diagnostic equipment [devices as per claim 9 of the instant application], medication carts, and food service, etc. The displays are preferably configurable and customizable based upon the user's role, profile, login context, etc. Claim 1 discloses a health care information system having at least one data repository for storing patient data and health care facility resource data)
a three-dimensional graphical representation of the health care facility displayable by the graphical user interface for interactively managing the resources of the health care facility, wherein (Para 31 discloses the health care information system preferably includes a map building tool for creating the graphical representation of the health care facility from actual facility blue prints or the actual physical layout of the health care facility. The interactive maps provide an intuitive visual illustration of the health care facility, and are not limited to floor plans but are a realistic graphical representation of the health care facility. The interactive maps are preferably two-dimensional or three-dimensional graphical representations. Paras 39-42 discloses the graphical representation is preferably used for performing actions on patients and health care facility resources displayed in the graphical representation of the health care facility. See further: para 45 which discloses a user may perform actions on health care facility resources and that health care facility resources [include mobile and stationary diagnostic equipment]..)
the three-dimensional graphical representation is configured to provide an output related to at least one device of the plurality of devices, the output being interactable by a user for performing at least one action related to the at least one device. (Para 51 discloses the visual indicators could preferably also used to identify or display a number of other characteristics or statuses. For example, the visual indicators could identify, without limitation: … the status of health care facility resources … Para 55 discloses the graphical representation allows a user to perform actions on patients and health care facility resources in the surgical department. The actions could include… assigning health care facility resources to patients of the surgical department, assigning health care facility resources to rooms of the surgical department, moving health care facility resources to different locations within the surgical department, and swapping health care facility resources from one location to another in the surgical department. The graphical representation also preferably allows a user to selectively access, analyze and display patient and health care facility resource data for the surgical department. Para 56 discloses right clicking is thus preferably one method by which a user can perform actions on a patient or health care facility resource in the health care facility. Para 69 discloses the graphical representation preferably displays a customizable information summary of a patient or health care facility resource on the graphical representation when a user selects or hovers over the patient or health care facility resource on the graphical representation. The graphical representation further preferably provides the ability for a user to document information about a patient or health care facility resource by writing directly on the graphical representation through the use of a writable display [performing an action based on the output]… Para 72 discloses to perform a drag and drop operation, the user selects the item to be dragged, such as the patient in the exam room 126 labeled "2-2" or the "Vipers" treatment team 128, and drags the item to the desired location… Drag and drop operations can be used to perform all of the health care management activity actions previously described.)
While Donoghue discloses the above limitations, it does not fully disclose the following limitation that Karamba discloses:
comprising a memory including resource data of resources of a health care facility (Claim 1 discloses maintaining a secure chain of data blocks at a given computing node , wherein the given computing node is part of a set of computing nodes in a distributed network of computing nodes wherein each of the set of computing nodes maintains the secure chain of data blocks , wherein the secure chain of data blocks maintained at each computing node comprises one or more data blocks that respectively represent one or more transactions associated with a physical item used for providing a medical service… wherein the maintaining and adding steps are implemented via at least one processor operatively coupled to a memory associated with the given computing node. Claim 2 discloses the physical item… comprises a surgical instrument. Claim 4 discloses receiving transaction data associated with the physical item used for providing a medical service; validating the received transaction data; computing a data block for the transaction data in response to the transaction data being validated; and appending the computed data block to the secure chain of data blocks maintained at the given computing node. Claim 5 discloses wherein the transaction data is obtained by tracking the physical item. Claim 6 discloses wherein the transaction data for the physical item comprises one or more of: data representing identification of a user of the physical item; data representing identification of the physical item; data representing a location of the physical item… Where claim 19 is the apparatus implementing the method of claim 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system and method for a comprehensive interactive graphical representation of a health care facility for managing patient care and health care facility resources wherein the graphical representations illustrates a surgical facility with a variety of different patient rooms, such as operating rooms, procedure rooms, pre-op rooms and post-op rooms (see para 49) as taught by Donoghue with the tracking of physical items such as instruments and tools used for surgical procedures as taught by Karamba in order to tracking items such as surgical instruments and tools (surgical items) in a health care environment by creating a secure (e.g., validated and protected) chain of data blocks representing transactions associated with the surgical items (Karamba Para 8).
Regarding Claim 2, this claim recites the limitations of Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Donoghue discloses:
The GUI system of claim 1, wherein the output related to the at least one device comprises one or more of: a status of the at least one device; an alarm related to the at least one device; and a video stream from the at least one device, the output being configured to be displayed by the three-dimensional graphical representation. (Para 36 discloses the graphical representation may also include video from video cameras located throughout the health care facility. For example, patients in the ICU may be monitored using video cameras, thus the graphical representation could show a user the video recording of an ICU patient when a user selects an ICU patient on the graphical representation. Para 51 discloses the visual indicators could preferably also used to identify or display a number of other characteristics or statuses. For example, the visual indicators could identify, without limitation: … the status of health care facility resources… Para 52 discloses the graphical representation also preferably provides the ability to display visual alerts. The visual alerts include patient status alerts, and health care facility resource alerts [wherein para 45 discloses “visual indicators are preferably included to indicate… health care facility resources such as mobile and stationary diagnostic equipment…” and thus are devices in light of claim 9 of the instant application].)
Regarding Claim 3, this claim recites the limitations of Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. The combination of Donoghue and Karamba discloses the following limitation that Karamba further discloses:
The GUI system of claim 2, wherein the status of the device comprises a location status of one or more components of the device, the location status indicating whether the one or more components of the device are located within a predetermined proximity of the device. (Para 34 discloses various aspects associated with the tool may be tracked such as, but not limited to: user, location, usage, and maintenance of the surgical tool… Paras 59-60 disclose the unique identifier (UDI) or fingerprint token for a surgical instrument or tool may be used to form a decentralized instrument Internet of Things (IoT) network, wherein items are "smart devices” that are connected to the blockchain through their corresponding UDI or token. This may allow institutional wide tracking and detecting of surgical instruments, as well as for healthcare inventory management system. Such an IoT of instruments is embodied by the computing platform 200 in FIG. 2. That is, the instruments are trackable through the network (s) 205 that operatively couple the computing nodes that store the blockchain … advanced analytics services may be provided (at one or more computing nodes in computing platform 200) to allow real - time tracking or detecting of equipment deficiencies during a procedure or during medication delivery. For example, breakage of surgical instruments ( e.g., needles, scalpel blades), malfunctioning equipment or equipment failure (e.g., misfiring of a stapler; malfunction of a patient controlled analgesia pump), detachment of equipment (e.g., ureteric stone basket ), defective equipment (e.g., rupture of a catheter balloon), lack of optimal equipment (e.g., lack of appropriate syringes), etc. [thus disclosing that a working or optimal equipment is not in predetermined proximity of the device (the proper location within the surgery room)]… Para 65 discloses gaining visibility by tracing where and how a surgical item travels in a hospital, e.g., the system may show you the locations the item has appeared and its movement over time…).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system and method for a comprehensive interactive graphical representation of a health care facility for managing patient care and health care facility resources wherein the graphical representations illustrates a surgical facility with a variety of different patient rooms, such as operating rooms, procedure rooms, pre-op rooms and post-op rooms (see para 49) as taught by Donoghue with the tracking of physical items such as instruments and tools used for surgical procedures as taught by Karamba in order to tracking items such as surgical instruments and tools (surgical items) in a health care environment by creating a secure (e.g., validated and protected) chain of data blocks representing transactions associated with the surgical items (Karamba Para 8) and to identify breakage of surgical instruments or lack of optimal instruments and thus using the system to identify the location of the missing functional or optimal instruments.
Regarding Claim 4, this claim recites the limitations of Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. The combination of Donoghue and Karamba discloses the following limitation that Karamba further discloses:
The GUI system of claim 3, wherein the alarm related to the device provides an indication that a component of the device is not located within the predetermined proximity of the device, and wherein the computing system determines the component as a missing component. (Para 34 discloses various aspects associated with the tool may be tracked such as, but not limited to: user, location, usage, and maintenance of the surgical tool… Paras 59-60 disclose the unique identifier (UDI) or fingerprint token for a surgical instrument or tool may be used to form a decentralized instrument Internet of Things (IoT) network, wherein items are "smart devices” that are connected to the blockchain through their corresponding UDI or token . This may allow institutional wide tracking and detecting of surgical instruments, as well as for healthcare inventory management system. Such an IoT of instruments is embodied by the computing platform 200 in FIG. 2. That is, the instruments are trackable through the network (s) 205 that operatively couple the computing nodes that store the blockchain … advanced analytics services may be provided (at one or more computing nodes in computing platform 200) to allow real - time tracking or detecting of equipment deficiencies during a procedure or during medication delivery. For example, breakage of surgical instruments (e.g., needles, scalpel blades), malfunctioning equipment or equipment failure (e.g., misfiring of a stapler; malfunction of a patient controlled analgesia pump), detachment of equipment (e.g., ureteric stone basket), defective equipment (e.g., rupture of a catheter balloon), lack of optimal equipment (e.g., lack of appropriate syringes), etc. [thus disclosing that a working equipment is not in predetermined proximity of the device (the proper location within the surgery room) and thus is missing]… Para 65 discloses gaining visibility by tracing where and how a surgical item travels in a hospital, e.g., the system may show you the locations the item has appeared and its movement over time…)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system and method for a comprehensive interactive graphical representation of a health care facility for managing patient care and health care facility resources wherein the graphical representations illustrates a surgical facility with a variety of different patient rooms, such as operating rooms, procedure rooms, pre-op rooms and post-op rooms (see para 49) as taught by Donoghue with the tracking of physical items such as instruments and tools used for surgical procedures as taught by Karamba in order to tracking items such as surgical instruments and tools (surgical items) in a health care environment by creating a secure (e.g., validated and protected) chain of data blocks representing transactions associated with the surgical items (Karamba Para 8) and to identify breakage of surgical instruments or lack of optimal instruments and thus using the system to identify the location of the missing functional or optimal instruments.
Regarding Claim 7, this claim recites the limitations of Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Donoghue discloses:
The GUI system of claim 1, wherein the three-dimensional graphical representation is configured to be adjusted between a first view and a second view in response to a user input, wherein the second view represents a sub-portion of the representation of the health care facility of the first view. (Para 33 discloses From the graphical representation shown in FIG. 2, a user can select a floor 28 of the health care facility 26 to display an interactive map of the selected floor, such as the third floor 32 shown in FIG. 3. A user can then select an area, department or unit on the selected floor to display an interactive map of the selected area, department or unit, such as the med-surg south unit 33 shown in FIG. 4 or the intensive care unit 36 shown in FIG. 5. From there, a user can select an individual room, patient or health care facility resource.)
Regarding Claim 8, this claim recites the limitations of Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Donoghue discloses:
The GUI system of claim 1, wherein the computing system is configured to track the position of the plurality of devices. (Para 35 discloses the graphical representation can also preferably be used for tracking patients, health care facility resources, health care practitioners and patient charts through the health care facility… Para 39 discloses the graphical representation is preferably used for… locating and tracking patients, health care practitioners, health care facility resources, and patient charts through the health care facility, wherein each patient, health care practitioner, health care facility resource, and patient chart is identifiable by a tracking system, such as a global positioning system or a radio frequency identification system.)
Regarding Claim 9, this claim recites the limitations of Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Donoghue discloses:
The GUI system of claim 1, wherein the plurality of devices comprise one or more of: a display; a camera; a surgical table; an instrument cart; a surgical light; surgical equipment; and diagnostic equipment. (Para 36 discloses the graphical representation may also include video from video cameras located throughout the health care facility. For example, patients in the ICU may be monitored using video cameras, thus the graphical representation could show a user the video recording of an ICU patient when a user selects an ICU patient on the graphical representation. Para 45 discloses visual indicators are preferably included to indicate empty beds, available beds, occupied beds, dirty beds, waiting patients, severity of patient condition such as low-priority, fast-track, and critical, patient age indications, such as pediatric, general, and geriatric, health care facility resources such as mobile and stationary diagnostic equipment, medication carts, and food service, etc. The displays are preferably configurable and customizable based upon the user's role, profile, login context, etc.)
Regarding Claim 10, this claim recites the limitations of Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Donoghue discloses:
The GUI system of claim 1, wherein the computing system is configured to collect data from the plurality of devices and update the resource data of the health care facility based on the collected data, and the output comprises information related to a health care facility workflow based on the collected data. (Para 39 discloses the graphical representation is preferably used for locating and tracking patients, health care practitioners, health care facility resources, and patient charts through the health care facility, wherein each patient, health care practitioner, health care facility resource [and thus the plurality of devices], and patient chart is identifiable by a tracking system, such as a global positioning system or a radio frequency identification system [wherein the collected data is the location data to output location statuses that are reflected on the graphical representation of the health care facility].)
Regarding Claim 11, this claim recites the limitations of Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Donoghue discloses:
The GUI system of claim 1 wherein the computing system is configured to communicate with a locating system being configured to track one or more of: patients; and health care workers, and the three-dimensional graphical representation is further configured to display, and provide interactive management of, the patients and/or health care workers based on data received from the locating system, and preferably wherein: the interactive management comprises one or more of: viewing health care records of patients; viewing vital signs of patients; notifying health care practitioners; viewing schedules of health care practitioners; and viewing schedules of patient’s appointments. (Para 39 discloses the graphical representation is preferably used for locating and tracking patients, health care practitioners, health care facility resources, and patient charts through the health care facility, wherein each patient, health care practitioner, health care facility resource, and patient chart is identifiable by a tracking system, such as a global positioning system or a radio frequency identification system [an example of a location system]. Para 63 discloses examples of uses of the interactive map of an emergency department include the following. A patient walks into an emergency room with a possibly sprained or broken wrist. A staff member at the registration desk uses the interactive map to admit the patient, enter the patient's chief complaints, enter the patient's identification, billing and insurance information if that information is not already in the enterprise health care information system, and assign the patient to the waiting area [wherein a user assigning the patient to the waiting area is another example of the broadest reasonable interpretation of a location system as the user is assigning the location of the patient]. The patient then shows on the interactive map in the list of waiting patients in the second scroll window 44. When an examination room is available, a user assigns the patient to the room and assigns a treatment team to the patient, both using the interactive map. A nurse on the treatment team then sees the patient. The nurse uses the interactive map to enter the patient's vitals and other information into the enterprise health care information system, and then uses the interactive map to alert a doctor or other treatment team member that the patient is now ready to be examined. Alerts could be issued using visual indicators on the interactive map, described in more detail below, or using a paging or email notification system in communication with the enterprise health care information system. The doctor then sees the patient and determines that the patient needs an x-ray for an accurate diagnosis. The interactive map can then be used to order the x-ray, transfer the patient to the radiology department for the x-ray, order any necessary medications for the patient, and make notes on the patient's chart.)
Regarding Claim 12, this claim recites the limitations of Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Donoghue discloses:
The GUI system of claim 1, wherein the computing system is configured to communicate with a scheduling engine being configured to collect scheduling data based on at least one of: the health care resources; monitoring of a patient in the health care facility; and monitoring a health care practitioner in the health care facility, and preferably wherein: the computing system is further configured to output an adjustment to a schedule related to the health care facility based on the scheduling data received from the scheduling engine. (Para 53 discloses the graphical representation further preferably provides the ability to display a health care practitioner's schedule and display the locations of scheduled operations in the surgical department. Para 55 discloses The actions could include, without limitation, assigning patients to rooms of the surgical department, scheduling rooms of the surgical department, ordering patient medications, moving patients to different locations within the surgical department, assigning health care facility resources to patients of the surgical department, assigning health care facility resources to rooms of the surgical department, moving health care facility resources to different locations within the surgical department, and swapping health care facility resources from one location to another in the surgical department. The graphical representation also preferably allows a user to selectively access, analyze and display patient and health care facility resource data for the surgical department. Para 61 discloses the actions include but are not limited to assigning patients to rooms and beds in the emergency department, assigning health care practitioners to patients, assigning treatment teams to patients, scheduling patient appointments, scheduling patient procedures, ordering patient medications, adding and updating patient status, assigning health care facility resources to the emergency department, and moving health care facility resources within the emergency department. Para 63 discloses the doctor then sees the patient and determines that the patient needs an x-ray [monitoring of patient] for an accurate diagnosis. The interactive map can then be used to order the x-ray, transfer the patient to the radiology department for the x-ray [adjust the schedule], order any necessary medications for the patient, and make notes on the patient's chart.)
Regarding Claim 13, this claim recites the limitations of Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. Further, Donoghue discloses:
The GUI system of claim 1, wherein the system comprises one or more integrated software applications, the three-dimensional graphical representation being configured to provide interaction with the one or more integrated software applications. (Claims 1 and 2 disclose a system for providing a comprehensive interactive graphical representation of a health care facility comprising: a health care information system having at least one data repository for storing patient data and health care facility resource data, and at least one graphical user interface in communication with the at least one data repository; and a graphical representation of at least one health care facility stored in the health care information system and displayable by the graphical user interface for managing patient care and health care facility resources… The system of claim 1, wherein the health care information system comprises a plurality of integrated software applications and allows users to move between the plurality of software applications.)
Regarding Claim 14, Donoghue discloses:
A method for providing an interactive representation of a health care facility, the method comprising:
displaying, by a graphical user interface, a three-dimensional representation of the health care facility for interactively managing the resources of the health care facility; (Para 31 discloses the health care information system preferably includes a map building tool for creating the graphical representation of the health care facility from actual facility blue prints or the actual physical layout of the health care facility. The interactive maps provide an intuitive visual illustration of the health care facility, and are not limited to floor plans but are a realistic graphical representation of the health care facility. The interactive maps are preferably two-dimensional or three-dimensional graphical representations. Paras 39-42 discloses the graphical representation is preferably used for performing actions on patients and health care facility resources displayed in the graphical representation of the health care facility. See further: para 45 which discloses a user may perform actions on health care facility resources and that health care facility resources [include mobile and stationary diagnostic equipment]..)
providing, at the three-dimensional graphical representation, an output related to at least one device of the plurality of devices; and receiving, at the three-dimensional graphical representation, at least one action by a user for interacting with at least one device of the plurality of devices. (Para 51 discloses the visual indicators could preferably also used to identify or display a number of other characteristics or statuses. For example, the visual indicators could identify, without limitation: … the status of health care facility resources … Para 55 discloses the graphical representation allows a user to perform actions on patients and health care facility resources in the surgical department. The actions could include… assigning health care facility resources to patients of the surgical department, assigning health care facility resources to rooms of the surgical department, moving health care facility resources to different locations within the surgical department, and swapping health care facility resources from one location to another in the surgical department. The graphical representation also preferably allows a user to selectively access, analyze and display patient and health care facility resource data for the surgical department. Para 56 discloses right clicking is thus preferably one method by which a user can perform actions on a patient or health care facility resource in the health care facility. Para 69 discloses the graphical representation preferably displays a customizable information summary of a patient or health care facility resource on the graphical representation when a user selects or hovers over the patient or health care facility resource on the graphical representation. The graphical representation further preferably provides the ability for a user to document information about a patient or health care facility resource by writing directly on the graphical representation through the use of a writable display [performing an action based on the output]… Para 72 discloses to perform a drag and drop operation, the user selects the item to be dragged, such as the patient in the exam room 126 labeled "2-2" or the "Vipers" treatment team 128, and drags the item to the desired location… Drag and drop operations can be used to perform all of the health care management activity actions previously described.)
While Donoghue discloses the above limitations and examples of a plurality of resources (Para 45 discloses a user can preferably obtain information on this patient by selecting or hovering over the visual indicators or icons displayed in the interactive map. A user may also review patient data, review health care facility resource data, review the chart of the patient, review the status of the patient, perform actions on the patient, or perform actions on health care facility resources. A user could also determine if rooms were clean and available for new patients, or if rooms were dirty and not available for new patients. Visual indicators are preferably included to indicate empty beds, available beds, occupied beds, dirty beds, waiting patients, severity of patient condition such as low-priority, fast-track, and critical, patient age indications, such as pediatric, general, and geriatric, health care facility resources such as mobile and stationary diagnostic equipment, medication carts, and food service, etc. The displays are preferably configurable and customizable based upon the user's role, profile, login context, etc. Claim 1 discloses a health care information system having at least one data repository for storing patient data and health care facility resource data), it does not fully disclose the memory storing resource data that Karamba discloses:
storing, in a memory of a computing system, resource data of resources of a health care facility, the resources including a plurality of health care devices; (Claim 1 discloses maintaining a secure chain of data blocks at a given computing node , wherein the given computing node is part of a set of computing nodes in a distributed network of computing nodes wherein each of the set of computing nodes maintains the secure chain of data blocks , wherein the secure chain of data blocks maintained at each computing node comprises one or more data blocks that respectively represent one or more transactions associated with a physical item used for providing a medical service… wherein the maintaining and adding steps are implemented via at least one processor operatively coupled to a memory associated with the given computing node. Claim 2 discloses the physical item… comprises a surgical instrument. Claim 4 discloses receiving transaction data associated with the physical item used for providing a medical service ; validating the received transaction data ; computing a data block for the transaction data in response to the transaction data being validated; and appending the computed data block to the secure chain of data blocks maintained at the given computing node. Claim 5 discloses wherein the transaction data is obtained by tracking the physical item. Claim 6 discloses wherein the transaction data for the physical item comprises one or more of : data representing identification of a user of the physical item ; data representing identification of the physical item ; data representing a location of the physical item… Where claim 19 is the apparatus implementing the method of claim 1)
Regarding Claim 15, this claim recites the limitations of Claim 14 and as to those limitations is rejected for the same basis and reasons as disclosed above. The combination of Donoghue and Karamba discloses the following limitation that Karamba further discloses:
A non-transitory computer-readable medium having stored thereon instructions that, when executed, cause a processor to perform the method of claim 14. (Para 98 discloses Embodiments of the present invention may be a system , a method , and / or a computer program product at any possible technical detail level of integration . The computer program product may include a computer readable storage medium ( or media ) having computer readable program instructions thereon for causing a processor to carry out aspects of the present invention)
Claim(s) 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Donoghue (US PG Pub 2006/0004605 A1) in view of Karamba (US PG Pub 2018/0189449 A1), further in view of Sanchez (US PG Pub 2007/0268133 A1).
Regarding Claim 5, this claim recites the limitations of Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. The combination of Donoghue and Karamba does not fully disclose the following limitation that Sanchez discloses:
The GUI system of claim 4, wherein the at least one action related to the device comprises a user input requesting a location of the missing component, and in response to the user input requesting a location of the missing component, the computing system is configured to locate the missing component at a location within the health care facility. (Para 21 discloses it would be desirable if a system for locating and tracking objects and items utilized in surgical procedures integrated a two-stage process that resorted to focused location only when necessary. It would be desirable if, during the surgical procedure, items were tracked automatically by the system and only if any tracked items are “lost” during the surgical procedure, would a second stage in the process be implemented for isolating the location of the lost object and thereafter, through a much more narrowly focused identification process, locate the missing item so as to return it to a tracked status. Para 22 discloses the tracking system incorporates radio frequency (RF) tags that are positioned on or in conjunction with every item and object used in the surgical procedure that are identified and tracked by an array of radio frequency transceivers located about the operating room. The tags, in addition to integrating RF ID components, integrate hard spherical components that are easily identifiable by ultrasonic detection. If an object is "lost" from the tracking system functionality (RF tracking), the system operator may review a last known location and movement path presented on a display and thereafter utilize an ultrasonic sub-system in a localized area to detect the exact location of the missing object or item [retrieving the component]. Para 24 discloses First, the user may trigger the system to identify and display the last ten (10) seconds of known and tracked motion for the object that is now missing [further requesting a location of a missing component]. Typically this would take the form of a traced path on a video image of the operating room showing the movement of the object immediately prior to the point in time where is was dropped from the tracking system.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of the system and method for a comprehensive interactive graphical representation of a health care facility for managing patient care and health care facility resources wherein the graphical representations illustrates a surgical facility with a variety of different patient rooms, such as operating rooms, procedure rooms, pre-op rooms and post-op rooms (see para 49) as taught by Donoghue and the tracking of physical items such as instruments and tools used for surgical procedures as taught by Karamba with the system for tracking surgical items in an operating room environment as taught by Sanchez in order to properly detect the exact location of a missing object or item for retrieval (Para 22).
Regarding Claim 6, this claim recites the limitations of Claim 1 and as to those limitations is rejected for the same basis and reasons as disclosed above. The combination of Donoghue, Karamba, Sanchez discloses the following limitation that Sanchez further discloses:
The GUI system of claim 5, wherein the at least one action related to the device comprises a user input requesting retrieval of the missing component, and the computing system is configured to, in response to the user input requesting retrieval of the missing component, notify a health care practitioner of the healthcare facility to retrieve the missing component from the location within the health care facility. (Para 21 discloses it would be desirable if a system for locating and tracking objects and items utilized in surgical procedures integrated a two-stage process that resorted to focused location only when necessary. It would be desirable if, during the surgical procedure, items were tracked automatically by the system and only if any tracked items are “lost” during the surgical procedure, would a second stage in the process be implemented for isolating the location of the lost object and thereafter, through a much more narrowly focused identification process, locate the missing item so as to return it to a tracked status. Para 22 discloses the tracking system incorporates radio frequency (RF) tags that are positioned on or in conjunction with every item and object used in the surgical procedure that are identified and tracked by an array of radio frequency transceivers located about the operating room. The tags, in addition to integrating RF ID components, integrate hard spherical components that are easily identifiable by ultrasonic detection. If an object is "lost" from the tracking system functionality (RF tracking), the system operator may review a last known location and movement path presented on a display and thereafter utilize an ultrasonic sub-system in a localized area to detect the exact location of the missing object or item [retrieving the component]. Para 24 discloses First, the user may trigger the system to identify and display the last ten (10) seconds of known and tracked motion for the object that is now missing [further requesting a location of a missing component]. Typically this would take the form of a traced path on a video image of the operating room showing the movement of the object immediately prior to the point in time where is was dropped from the tracking system.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of the system and method for a comprehensive interactive graphical representation of a health care facility for managing patient care and health care facility resources wherein the graphical representations illustrates a surgical facility with a variety of different patient rooms, such as operating rooms, procedure rooms, pre-op rooms and post-op rooms (see para 49) as taught by Donoghue and the tracking of physical items such as instruments and tools used for surgical procedures as taught by Karamba with the system for tracking surgical items in an operating room environment as taught by Sanchez in order to properly detect the exact location of a missing object or item for retrieval (Para 22).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARA J MORICE DE VARGAS whose telephone number is (703)756-4608. The examiner can normally be reached M-F 8:30-5:30 pm.
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/SARA JESSICA MORICE DE VARGAS/Examiner, Art Unit 3681
/PETER H CHOI/Supervisory Patent Examiner, Art Unit 3681