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 .
Notice to Applicant
Claims 1-7, 9-11, 13, 15-18 have been amended. Claims 14, 19, and 20 have been canceled. Claims 21 and 22 are new. Now, claims 1-13, 15-18, and 21-22 are pending and examined herein.
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.
Claims 1-13, 15-18, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application Publication Number 2013/0325508, Johnson, et al., hereinafter Johnson in view of United States Patent Application Publication Number 2015/0100787, Westin, et al., hereinafter Westin.
Regarding claim 1, Johnson discloses a method of remotely accessing an ultrasound imaging apparatus, the method comprising:
starting an ultrasonic examination by the ultrasound imaging apparatus, (para. 50, the doctor orders an onsite testing lab 22a to perform an MRI and para. 72, Equipment may also include medical and/or medical equipment such as an electrosurgical generator, a patient health monitor, an imaging system (e.g., X-ray, MRI, ultrasound, CT-scan, etc.), a metering system (e.g., intravenous drip, medication meters, etc.));
terminating the ultrasonic examination by the ultrasound imaging apparatus, (para. 50, The onsite lab 22a generates a record including electronic MRI images of the patient P and a report analyzing the MRI. After reviewing the MRI and consulting with a supervisor, a surgical team is assembled and the patient P is then transferred to the operating room 27 where a pre-surgical team examines the patient P and reviews the records generated while the patient P was in the emergency room and para. 106, To complete the X-ray, patient P may be transported to the X-ray machine in a radiology department or a radiology department may transport a portable X-ray machine to the room of the patient P. Hospital PLID 312b may identify the X-ray machine by utilizing an SR device associated with the x-ray equipment and/or the Doctor A and obtain information over a wireless connection. The images obtained by the imaging device of patient P and electronic copies of the images may then be provided to the radiology record in radiology file F8 of the hospital). Upon completion of the ultrasonic examination, the imaging would be terminated.; and
terminating the communication link in response to the terminating of the ultrasonic examination, (para. 50, The process of generating records, reviewing past records, is repeated when the patient P enters the hospital 25 through hospital admissions 32 until finally the patient P receives approval for discharge 34 and proceeds to hospital discharge, para. 106, To complete the X-ray, patient P may be transported to the X-ray machine in a radiology department or a radiology department may transport a portable X-ray machine to the room of the patient P. Hospital PLID 312b may identify the X-ray machine by utilizing an SR device associated with the x-ray equipment and/or the Doctor A and obtain information over a wireless connection. The images obtained by the imaging device of patient P and electronic copies of the images may then be provided to the radiology record in radiology file F8 of the hospital, and para. 146, access to a patient's hospital PMDF 330p may be provided to remote user through a remote device through the hospital patient data server 200. Clinical data, electronic documents and any other information and records stored in the hospital PMDF 330p may be shared with a remote user through a remote device). Once treatment is terminated, generating and reviewing records terminates.
Johnson does not explicitly disclose the following:
in response to the starting of the ultrasonic examination, generating an ultrasonic examination ID for a target object, obtaining an hash key based on the generated ultrasonic examination ID and transmitting an access link including the hash key to a device of a remote accessor corresponding to the target object;
obtaining an ultrasound image of the target object by transmitting an ultrasound signal to the target object and receiving an ultrasound echo signal reflecting from the target object;
based on a hash key, received from the device of the remote accessor via the access link, being matched with the ultrasonic examination ID, establishing a communication link with the device of the remote accessor and transmitting the ultrasound image of the target object to the device of the remote accessor.
However, Westin teaches in response to the starting of the ultrasonic examination, generating an ultrasonic examination ID for a target object, obtaining a hash key based on the generated ultrasonic examination ID and transmitting an access link including the hash key to a device of a remote accessor corresponding to the target object, (para. 65, A Web GUI 208 provides, e.g., medical staff with remote access to DCDS 32 via a secured web browser connection and para. 97, as a security measure, the Web GUI 208 does not handle any authorization of source modalities allowed to store images or access privileges to those images. These important settings are only available through a separate method of access either locally or remotely);
obtaining an ultrasound image of the target object by transmitting an ultrasound signal to the target object and receiving an ultrasound echo signal reflecting from the target object, (para. 60, if rules for automatic delivery have been set, and the appropriate metadata values are found in the newly received data stored in structured database 206, then Event System module 209 can be configured to signal the Output Module 213 to send the converted data as instructed by the automatic delivery rules);
based on a hash key, received from the device of the remote accessor via the access link, being matched with the ultrasonic examination ID, establishing a communication link with the device of the remote accessor and transmitting the ultrasound image of the target object to the device of the remote accessor, (para. 22, an encryption unit which encrypts the converted medical image file to create an encrypted medical image file; and a transmission unit which transmits the encrypted medical image file to at least one destination via the communication interface and para. 65, provides, e.g., medical staff with remote access to DCDS 32 via a secured web browser connection).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the system of Johnson to include system as taught by Westin to provide automatic encryption and conversion of medical image files for delivery to mobile devices and/or remote communication systems, (see Westin para. 3).
Regarding claim 2, Johnson discloses the method of claim 1 as described above. Johnson further discloses wherein the transmitting of the access link including the hash key to the device of the remote accessor corresponding to the target object comprises transmitting, to the device of the remote accessor, the access link that enables remote access to the ultrasound imaging apparatus, (para. 95, section A may also be dynamically linked to the hospital PMDF 330p. In further embodiments, hospital PMDF 330p and Section A of the individual PMDF 530p may be linked to the same record, wherein the same record resides on a server available for use by the hospital and patient P (e.g., individual PMDF 530p resides on the patient data server 200 in the cloud 230), para. 118, the hospital PLID 312b identifies the patient P, the interactions with clinicians and/or equipment, tests performed on the patient, and notifies clinicians of the test results and other patient P's activities, and para. 156, Selecting an individual record, information and/or data entry provides the patient P with the content of the record and links to other records contained in the individual PMDF).
Regarding claim 3, Johnson discloses the method of claims 1 and 2 as described above. Johnson further discloses wherein the transmitting of the access link to the device of the remote accessor comprises transmitting an invitation request in an email or QR code form to the device of the remote accessor, (para. 137, Notifications may include any suitable message such as, text/SMS messages, voice messages, email messages, pages, and para. 156, Selecting an individual record, information and/or data entry provides the patient P with the content of the record and links to other records contained in the individual PMDF).
Regarding claim 4, Johnson discloses the method of claims 1 and 2 as described above. Johnson further discloses wherein the obtaining of the hash key based on the generated ultrasonic examination ID comprises:
generating a hash key and examination information related to the ultrasonic examination, (para. 45, wherein each database or system includes any of various suitable security features, such as firewalls, access codes, encryption, de-encryption, compression, decompression). Examiner interprets the Hash key to encompass an access code.
Regarding claim 5, Johnson discloses the method of claim 1 as described above. Johnson further discloses wherein the transmitting of the ultrasound image of the target object to the device of the remote accessor comprises:
granting limited remote access authority to a remote accessor, (para. 89, Access to the hospital PMDF 330p may require proper authorization and/or notification, as required by local, state and federal laws and regulations, before providing access to medical records); and
transmitting, in real time, the ultrasound image obtained by the ultrasound imaging apparatus to the device of the remote accessor so that the remote accessor is able to view the ultrasound image on the device of the remote accessor, based on the limited remote access authority, (para. 89, Access to the hospital PMDF 330p may require proper authorization and/or notification, as required by local, state and federal laws and regulations, before providing access to medical records, and para. 109, Doctor B, acting on the request to perform an analysis, may then access the radiology record in the PMDF 330p and performs an analysis. The analysis generated by Doctor B is stored as a diagnostic report (e.g., a new record) in the Doctor B file F4 of the hospital PMDF).
Regarding claim 6, Johnson discloses the method of claim 1 as described above. Johnson further discloses wherein the transmitting of the ultrasound image of the target object to the device of the remote accessor comprises granting real-time image storage authority to the remote accessor so that the remote accessor is able to download or store a real-time image displayed in real time, (para. 112, Similar to the generation of files for the radiology file F8, records related to pathology are filed in a pathology file F9 and linked to appropriate records in the PMDF 330p. Records related to tests performed in the laboratory are also filed in a laboratory file F10 and linked to the appropriate records in the PMDF 330p. The placement, grouping, linking, and filing of records may be arranged in any suitable manner.).
Regarding claim 7, Johnson discloses the method of claim 1 as described above. Johnson further discloses wherein transmitting of the ultrasound image of the target object to the device of the remote accessor comprises granting past image storage authority to the remote accessor so that the remote accessor is able to download or store a past image displayed after the ultrasonic examination starts, (para. 74, comparing the captured image with images stored in a library and/or database of device images and para. 144, Medical services become transparent and patients are provided with a temporal history of events that occur during a time in their life when they are most vulnerable. Additionally, automating documentation of activities within the hospital settings requires clinicians to take ownership of assigned tasks since failure to complete a task in a timely manner is reflected in automatically collected and time-stamped records.).
Regarding claim 8, Johnson discloses the method of claim 1 as described above. Johnson further discloses further comprising forcibly ejecting an abnormal accessor in response to detection of an abnormal access attempt by the abnormal accessor, (para. 89, hospital PMDF 330p may require proper authorization and/or notification, as required by local, state and federal laws and regulations, before providing access to medical records. As such, hospital PMDF 330p maintains compliance with said laws and regulations. Hospital PMDF 330p may also prevent inadvertent or accidental release of medical records by requiring proper identification and documentation to access the hospital PMDF 330p and para. 104 Records in the hospital PMDF 330p may contain a limited amount of information related to the occurrence the generated the record. In embodiments, the record generated by the hospital PLID 312b may indicate that the SR Device assigned to Doctor A was proximate patient P and the record may be filed in the Doctor A file F3 in the hospital PMDF 330p. The hospital PLID 312b and/or the SR Device may also confirm through the hospital PMDF 330p that Doctor A is authorized to access the hospital PMDF 330p of patient P and/or to provide medical care to Patient P.).
Regarding claim 9, Johnson discloses the method of claim 1 as described above. Johnson further discloses further comprises:
transmitting invitation information including schedule information to the device of the remote accessor, (para. 111, Doctor A may order a second opinion on the diagnostic report generated by Doctor B. As such, the order for a second opinion would be entered into the hospital PMDF 330p and a request to perform a second opinion is forwarded to Doctor C. Doctor C, acting on the request to perform a second opinion on the diagnostic report, may the access the radiology record and generate an additional diagnostic report. The second opinion generates a new record in the Doctor C file F5 of the PMDF 330p); and
providing limited remote access authority to the remote accessor, based on the invitation information, (para. 111, Doctor A may order a second opinion on the diagnostic report generated by Doctor B. As such, the order for a second opinion would be entered into the hospital PMDF 330p and a request to perform a second opinion is forwarded to Doctor C. Doctor C, acting on the request to perform a second opinion on the diagnostic report, may the access the radiology record and generate an additional diagnostic report. The second opinion generates a new record in the Doctor C file F5 of the PMDF 330p.).
Regarding claim 10, Johnson discloses the method of claims 1 and 9 as described above. Johnson further discloses wherein the transmitting of the invitation information to the device of the remote accessor comprises registering, through a server, the invitation information in a schedule application of the remote accessor, (para. 111, Doctor A may order a second opinion on the diagnostic report generated by Doctor B. As such, the order for a second opinion would be entered into the hospital PMDF 330p and a request to perform a second opinion is forwarded to Doctor C. Doctor C, acting on the request to perform a second opinion on the diagnostic report, may the access the radiology record and generate an additional diagnostic report. The second opinion generates a new record in the Doctor C file F5 of the PMDF 330).
Regarding claim 11, Johnson discloses the method of claim 1 as described above. Johnson further discloses wherein further comprising:
in response to the starting of the ultrasonic examination, providing at least one service function related to the remote access to the remote accessor, and the at least one service function includes at least one of a multi-accessor support function, a multi-image storage support function, an image quality setting function, or a voice transmission/reception function, (para. 166, surgical kiosk 712 may respond to voice commands, verbal communication, body gestures and/or equipment use).
Regarding claim 12, Johnson discloses the method of claims 1 and 11 as described above. Johnson further discloses wherein the providing of the at least one service function comprises charging a fee, based on a medical fee payment service related to the ultrasonic examination, (para. 126, and tasks are all linked to the X-ray service and verification that billing information was appropriately entered and submitted for payment. Appropriate notifications may be pushed to request the submission of accurate billing records when a record has been generated in the hospital PLID 312b without generating a corresponding bill.).
Regarding claim 13, Johnson discloses the method of claim 1 as described above. Johnson further discloses wherein the transmitting of the access link including the hash key to the device of the remote accessor corresponding to the target object comprises:
obtaining patient information corresponding to the target object from a patient information server, (para. 140, Hospital PMDF 330p provides transparency between patients and caregivers and provides access to information needed to be involved in the clinical/caretaker process);
identifying a registered guardian as the remote accessor, based on the obtained patient information, (para. 140, Hospital PMDF 330p provides transparency between patients and caregivers and provides access to information needed to be involved in the clinical/caretaker process); and
transmitting the access link including the hash key to the device of the remote accessor, (para. 95, section A may also be dynamically linked to the hospital PMDF 330p. In further embodiments, hospital PMDF 330p and Section A of the individual PMDF 530p may be linked to the same record, wherein the same record resides on a server available for use by the hospital and patient P (e.g., individual PMDF 530p resides on the patient data server 200 in the cloud 230), para. 118, the hospital PLID 312b identifies the patient P, the interactions with clinicians and/or equipment, tests performed on the patient, and notifies clinicians of the test results and other patient P's activities, and para. 156, Selecting an individual record, information and/or data entry provides the patient P with the content of the record and links to other records contained in the individual PMDF).
Regarding claim 15, Johnson discloses the method of claims 1 and 9 as described above. Johnson further discloses wherein the transmitting of the invitation information to the device of the remote accessor comprises:
transmitting the invitation information through an application of an external device linked to the ultrasound imaging apparatus, (para. 109, Doctor B, acting on the request to perform an analysis, may then access the radiology record in the PMDF 330p and performs an analysis. The analysis generated by Doctor B is stored as a diagnostic report (e.g., a new record) in the Doctor B file F4 of the hospital PMDF);
granting limited remote access authority to the external device, based on the invitation information, (para. 89, Access to the hospital PMDF 330p may require proper authorization and/or notification, as required by local, state and federal laws and regulations, before providing access to medical records, and para. 109, Doctor B, acting on the request to perform an analysis, may then access the radiology record in the PMDF 330p and performs an analysis. The analysis generated by Doctor B is stored as a diagnostic report (e.g., a new record) in the Doctor B file F4 of the hospital PMDF); and
transmitting examination result information related to the ultrasonic examination to the external device so that the external device checks the examination result information, (para. 50, The examining doctor may also create records related to symptoms of the current condition of the patient P. The doctor may order an X-ray and the radiology department generates an additional record including electronic X-ray images of patient P and a report analyzing the X-ray. After reviewing the X-ray and the report, the doctor orders an onsite testing lab 22a to perform an MRI. The onsite lab 22a generates a record including electronic MRI images of the patient P and a report analyzing the MRI. After reviewing the MRI and consulting with a supervisor, a surgical team is assembled and the patient P is then transferred to the operating room 27 where a pre-surgical team examines the patient P and reviews the records generated while the patient P was in the emergency room, and para. 89, Access to the hospital PMDF 330p may require proper authorization and/or notification, as required by local, state and federal laws and regulations, before providing access to medical records, and para. 109, Doctor B, acting on the request to perform an analysis, may then access the radiology record in the PMDF 330p and performs an analysis. The analysis generated by Doctor B is stored as a diagnostic report (e.g., a new record) in the Doctor B file F4 of the hospital PMDF).
Regarding claim 16, Johnson discloses the method of claim 1 as described above. Johnson further discloses further comprising based on the hash key, received from the device of the remote accessor via the access link, being matched with the ultrasonic examination ID, providing medical information display image to the device of the remote accessor so that the device of the remote accessor displays the medical information related to the ultrasound image obtained by the ultrasound imaging apparatus together with the ultrasound image, (para. 165, Images, video and applications displayed on the surgical kiosk 712 may be provided to a remote monitoring station 770g to allow all clinicians in the surgical suite 700 to view the various functions, displays and modules.).
Regarding claim 17, Johnson discloses the method of claims 1 and 9 as described above. Johnson further discloses wherein the transmitting of the invitation information to the device of the remote accessor comprises:
Transmitting the invitation information including an authentication request to the device of the remote accessor, (para. 89, Access to the hospital PMDF 330p may require proper authorization and/or notification, as required by local, state and federal laws and regulations, before providing access to medical records. As such, hospital PMDF 330p maintains compliance with said laws and regulations); and
providing limited remote access authority based on the invitation information to an authenticated accessor who has completed an authentication procedure for the authentication request, (para. 89, Access to the hospital PMDF 330p may require proper authorization and/or notification, as required by local, state and federal laws and regulations, before providing access to medical records. As such, hospital PMDF 330p maintains compliance with said laws and regulations and para. 104, The hospital PLID 312b and/or the SR Device may also confirm through the hospital PMDF 330p that Doctor A is authorized to access the hospital PMDF 330p of patient P and/or to provide medical care to Patient P.).
Regarding claim 18, Johnson discloses the method of claim 1 as described above. Johnson further discloses wherein the transmitting of the access link to the device of the remote accessor corresponding to the target object comprises:
obtaining, from a patient information server, consent information indicating that the target object patient has approved providing information related to the ultrasound examination, (para. 106, patient P may be transported to the X-ray machine in a radiology department or a radiology department may transport a portable X-ray machine to the room of the patient P. Hospital PLID 312b may identify the X-ray machine by utilizing an SR device associated with the x-ray equipment and/or the Doctor A and obtain information over a wireless connection);
transmitting the access link to the device of the remote accessor approved by the target object, based on the consent information, (para. 156, Selecting an individual record, information and/or data entry provides the patient P with the content of the record and links to other records contained in the individual PMDF); and
providing limited remote access authority to the remote accessor, based on the access link, (para. 106, patient P may be transported to the X-ray machine in a radiology department or a radiology department may transport a portable X-ray machine to the room of the patient P. Hospital PLID 312b may identify the X-ray machine by utilizing an SR device associated with the x-ray equipment and/or the Doctor A and obtain information over a wireless connection, para. 109, Doctor B, acting on the request to perform an analysis, may then access the radiology record in the PMDF 330p and performs an analysis, and para. 156, Selecting an individual record, information and/or data entry provides the patient P with the content of the record and links to other records contained in the individual PMDF).
Regarding claims 21 and 22, these claims are rejected for the same reasons as set forth above with regard to claims 1 and 2. Johnson further discloses an ultrasound transceiver module; an communication module; and at least one processor, (paragraphs 38, 60, and 65).
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
With regard to the limitations of claim 1, as recited, “terminating the ultrasonic examination by the ultrasound imaging apparatus; and terminating the communication link activated remote access in response to the terminating of the ultrasonic examination”, this limitation is taught by the Johnson reference, see para. 106 and the rejection outlined above.
Claims 21 and 22 are rejected for the same reasons as claims 1 and 2.
The dependent claims are not allowable by virtue of their dependency on a rejected base claim.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Portable ultrasound imaging system i.e. three-dimensional-capable miniaturized ultrasound system, for acquiring three-dimensional image of e.g. heart of patient at nursing home remote from hospital, has presentation layer accessing image (US 20120203104 A1) teaches the system can be used at a remote location to scan patients who cannot perform imaging at the medical facility efficiently. The system is hand-held such that the system is carried easily in a person's hand, pocket, briefcase-sized case, or backpack. The system allows an operator to access images remotely and provide analysis of the images without transferring the image data from the system, where the image data remains stored only on the system so that the data remains restricted only to individuals with proper certification.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Amber Misiaszek whose telephone number is 571-270-1362. The examiner can normally be reached M-F 8:00-5:30, First Friday Off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fonya Long can be reached on 571-270-5096. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AMBER A MISIASZEK/Primary Examiner, Art Unit 3682
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