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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/28/2026 has been entered.
Claim Status
Claims 2, 4-9, 11-16 and 18-24 are pending.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2, 4-9, 11-16 and 18-24 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 2 recites:
wherein the provider subscription server is operated by a first entity and the first electronic health record system is operated by a second entity that is distinct from the first entity, wherein the first persistent data connection excludes a connection with the provider subscription server and
In Remarks submitted 8/28/2026, applicant fails to point to the specification for support for above amendment to claim 2. Particularly for:
provider subscription server
connection sequence
first electron health record system is operated by a second entity
that is distinct from the first entity
wherein the first persistent data connection excludes a connection with the provider subscription server
Claim 22 recites: wherein the first persistent data connection enables the application to download the first health record data from the first electronic health record system and receive the first updates to the first health record data without sharing the first health record data or the first updates with the provider subscription server.
Claim 23 and 24 recites similar language.
Independent claims 9 and 16 recite similar language and are rejected.
Dependent claims 4-8, 11-15 and 18-24 are rejected for at least being dependent from a rejected based claim.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed
subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is
required:
Claim 2 recites "establishing a first persistent data connection between the application of the user
device and a first health record system of the first provider."
Claim 2 recites "second user input received within the application."
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lash (US
2005/0010446) in view of Marshall (US 2008/0133273)
Examiner Notes: Hereafter, above references will be entered combination A.
responsive to a first user input, providing, for presentation within an application at
a user device, a first user interface view comprising a first user interface element for
connecting the application with a plurality of electronic health record systems associated with a
plurality of providers to enable downloading of health record data of the user from the
plurality of electronic health record systems
Lash [abstract] End-user software for monitoring health care benefits and maintaining individual
personal health histories is disclosed. The software provides the ability for a user to monitor
health care services delivered by a plurality of different health care providers, such as doctors,
clinics, dentists, pharmacies, etc. under a plurality of different health benefit plans to a plurality
of different individuals, such as members of an immediate or extended family. Specific medical
events are logged and tracked, and payment information associated with the events can be
reconciled, kept open and/or marked for follow-up action. Various planning tools are available to
assist the user in making health care decisions, such as which plan to choose and when to make
discretionary purchases of health care related goods and services. The software is able
to download information from health care providers, health benefit plans, etc.
Lash [0075] It is anticipated that health care providers will make medical history information
available online to their patients for secure downloading. Such information may include text
information, e.g., a medical specialist's report, and image information, e.g., a set of x-rays. It is
foreseeable that such information will be made available in standardized formats. For example,
text information may be made available in XML format (including its common derivatives, such
as RTF and HTML), and image information may be made available in any standard digital image
format including, for example, JPEG or TIFF format.
determining a set of providers that provide medical care, wherein individual
providers of the set of providers are associated with individual electronic health record
systems;
Lash discloses elements of the claimed invention as noted but does not disclose above limitation. However, Marshall discloses:
Marshall [0028] The described embodiment, a medical information system, allows users to
control their medical information and to share their medical information across disparate health
care provider systems. The user's medical information is gathered into personal health records.
Medical information can be exchanged over the Internet through an interface. The exchange can
involve uploading information from the health provider's system to the personal health records,
or can involve downloading information from the personal health records to the health care
provider's system. Uploading and downloading is facilitated by a health record access ID. The
user may control uploading and downloading by user selected health care professionals
or providers. The downloading permits a user to provide a new health care provider, and
specifically a health care professional, with relevant medical information. The exchange can
reach across disparate systems by converting medical information from one standard or format
used by a health care provider to one used to store personal health records. Further, the medical
information system facilitates exchange of both clinical data and secure messages from a user to
a selected health care professional, and vice versa. In describing this medical information system
an example of equipment involved in creating the system is explained, then various aspects of a
personal health record are described. Finally, interfaces to the personal health record and data
exchange including secure messaging are detailed.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lash to obtain above limitation based on the teachings of Mardhall for the purpose of allowing user to control their medical information and to share their medical information across disparate health care provider systems
providing, for presentation within the application at the user device, a second user
interface view comprising a search bar for searching for a subset of providers of the set of
providers
Lash [0065] The opening or "home" screen of FIG. 1 presents a high level overview of the basic
data that has been entered into the system. Thus, this screen presents the user with listings of
individuals, providers and plans that have been entered, a listing of upcoming appointments and
reminders, and expense summaries and menus for entering new information, such as new records
relating to a medical event, and for searching existing records for purposes of viewing or
modifying them.
responsive to a second user input, received within the application, that selects a first provider
of the subset of providers, initiating using a provider subscription server, a connection sequence for establishing a first persistent data connection between the application of the user device and a first electronic health record system of the first provider, wherein the provider subscription server is operated by a first entity and the first electronic health record system is operated by a second entity that is distinct from the first entity, wherein the first persistent data connection excludes a connection with the provider subscription server, and wherein the first persistent data connection enables the application to download first health record data of the user from the first electronic health record system and receive first updates to the first health record data
Marshall [0028] The described embodiment, a medical information system, allows users to
control their medical information and to share their medical information across disparate health
care provider systems. The user's medical information is gathered into personal health records.
Medical information can be exchanged over the Internet through an interface. The exchange can
involve uploading information from the health provider's system to the personal health records,
or can involve downloading information from the personal health records to the health care
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination
A in view of Finkelstein (US 2017/0109570)
Combination A discloses elements of the claimed invention as noted but does not disclose
wherein the connection sequence comprises connecting to a gateway of the first electronic health
record system. However, Finkelstein discloses:
Finkelstein [0037] In certain preferred embodiments, the system may be configured to obtain at
least an identity of a casualty that has not pre-registered by accessing images retained in a social
network. In other embodiments, the invention may also provide interfaces or a gateway to the
participants Electronic Health Record.
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify reference combination A to obtain above limitation based on the
teachings of Finkelstein for the purpose of downloading health data via a gateway.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination
A in view of Finkelstein in view of Daub (US 2015/0088545) in view of Jung (US 9,747,579)
Combination A in view of Finkelstein discloses elements of the claimed invention as noted but
does not disclose wherein connecting to the gateway comprises receiving, via a third user
interface view, user credentials associated with the first electronic health record system.
However, Daub discloses:
Daub [0048] Authentication database 135 may store information used in an authentication
process, for example user identifiers, passwords, access privileges, user preferences, user
statistics, and the like. User database 140 maintains user information and credentials for health
records management system 115 users (e.g., user 105).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify reference combination A in view of Finkelstein to obtain above
limitation based on the teachings of Daub for the purpose of storing information used in an
authentication process, for example user identifiers, passwords, access privileges, user
preferences, user statistics.
Arguably, Daub discloses third user interface view. However, Jung discloses:
Jung column 3 lines 57-62, Another embodiment provides a system. The system includes an
electronic device having a plurality of user interfaces, an assistance file having a content related
to the electronic device, and an assistance manager.
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify reference combination A in view of Finkelstein to obtain above
limitation based on the teachings of Jung for the purpose of providing assistance corresponding
to the query through a second interface associated with the electronic device [abstract].
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination
A in view of Finkelstein in view of Higgs (US 2017/0011174).
Combination A in view of Finkelstein discloses elements of the claimed invention as noted but does not disclose downloading, to the user device, health record data from the gateway. However, Higgs discloses:
Higgs claim 14, A method for transferring patient medical records comprising the steps of:
inserting an initiator in a web enabling device, said initiator having a server-side application;
executing a client-side application in the web enabling device's processor, accessing through the
client-side application a cloud-based personal health records module, said client-side application
for web access to a cloud device for connecting and communicating with said cloud-based
personal health records module, and downloading a patient's patient data from said cloud-based
personal health records
Examiner Note: gateway = cloud-based personal health records module
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify combination A in view of Finkelstein to obtain above
limitation based on the teachings of Higgs for the purpose of executing a client-side application
in the web enabling device's processor and accessing through the client-side application a cloud-
based personal health records module.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination
A in view of Finkelstein in view of Higgs in view of Sirleaf (US 2011/0071852) in view of Jung.
Combination A in view of Finkelstein in view of Higgs discloses elements of the claimed
invention as noted but does not disclose indexing the health record data according to a set of
predefined categories; and providing, for presentation at the user device, a third user interface
view that identifies the set of predefined categories. However, Sirleaf discloses:
Sirleaf [0039] In some embodiments the first patient health record 140 is stored within the first
local database using a first system identifier 150 corresponding to the first patient. For example,
the database may index health records according to corresponding system identifiers, which may
include an alphanumeric string representing a specific patient. In certain cases the system
identifiers do not include personally identifiable information (e.g., they are random or otherwise
arbitrary strings), SO that records can be accessed and retrieved without the need for personally
identifiable information.
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify combination A in view of Finkelstein in view of Higgs
to obtain above limitation based on the teachings of Sirleaf for the purpose of providing
identifiers which do not include personally identifiable information (e.g., they are random or
otherwise arbitrary strings), SO that records can be accessed and retrieved without the need for
personally identifiable information.
Arguably, Sirleaf discloses third user interface view. However, Jung discloses:
Jung column 3 lines 57-62, Another embodiment provides a system. The system includes an
electronic device having a plurality of user interfaces, an assistance file having a content related
to the electronic device, and an assistance manager.
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify reference combination A in view of Finkelstein to obtain above
limitation based on the teachings of Jung for the purpose of providing assistance corresponding
to the query through a second interface associated with the electronic device [abstract].
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify reference combination A in view of Finkelstein to obtain above
limitation based on the teachings of Jung for the purpose of providing assistance corresponding
to the query through a second interface associated with the electronic device [abstract].
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination
A in view of Fowler (US 9,973,455)
Combination A discloses elements of the claimed invention as noted but does not disclose
wherein determining the set of providers that provide the medical care comprises determining the
set of providers based on at least one of a location associated with the user device, an association
between the set of providers and user information associated with the user device, or a feature of
each provider of the set of providers. However, Fowler discloses:
Fowler clam 9. A computer-implemented method, comprising: determining that a trigger event
has been detected, the trigger event corresponding to a change in medical responsibility for a
patient; evaluating aspects of the trigger event to identify a medical provider to receive (i) a
notification about the trigger event and (ii) a first tailored version of a medical message
corresponding to the patient; accessing an authorized medical provider list stored in a central
database; evaluating the authorized medical provider list to determine that the medical provider
is authorized to receive the first tailored version of the medical message corresponding to the
patient, other authorized medical providers being authorized to receive other tailored versions of
the medical message; determining a medical provider feature associated with the medical
provider and corresponding to a medical provider parameter included in a set of messaging rules
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify combination A to obtain above limitation based on the
teachings of Fowler for the purpose of evaluating the authorized medical provider list to
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lash (US
2005/0010446) in view of Marshall (US 2008/0133273)
Examiner Notes: Hereafter, above references will be entered combination A.
responsive to a first user input, providing, for presentation within an application at
a user device, a first user interface view comprising a first user interface element for
connecting the application with a plurality of electronic health record systems associated with a
plurality of providers to enable downloading of health record data of the user from the
plurality of electronic health record systems
Lash [abstract] End-user software for monitoring health care benefits and maintaining individual
personal health histories is disclosed. The software provides the ability for a user to monitor
health care services delivered by a plurality of different health care providers, such as doctors,
clinics, dentists, pharmacies, etc. under a plurality of different health benefit plans to a plurality
of different individuals, such as members of an immediate or extended family. Specific medical
events are logged and tracked, and payment information associated with the events can be
reconciled, kept open and/or marked for follow-up action. Various planning tools are available to
assist the user in making health care decisions, such as which plan to choose and when to make
discretionary purchases of health care related goods and services. The software is able
to download information from health care providers, health benefit plans, etc.
Lash [0075] It is anticipated that health care providers will make medical history information
available online to their patients for secure downloading. Such information may include text
information, e.g., a medical specialist's report, and image information, e.g., a set of x-rays. It is
foreseeable that such information will be made available in standardized formats. For example,
text information may be made available in XML format (including its common derivatives, such
as RTF and HTML), and image information may be made available in any standard digital image
format including, for example, JPEG or TIFF format.
determining a set of providers that provide medical care, wherein individual
providers of the set of providers are associated with individual electronic health record
systems;
Lash discloses elements of the claimed invention as noted but does not disclose above limitation. However, Marshall discloses:
Marshall [0028] The described embodiment, a medical information system, allows users to
control their medical information and to share their medical information across disparate health
care provider systems. The user's medical information is gathered into personal health records.
Medical information can be exchanged over the Internet through an interface. The exchange can
involve uploading information from the health provider's system to the personal health records,
or can involve downloading information from the personal health records to the health care
provider's system. Uploading and downloading is facilitated by a health record access ID. The
user may control uploading and downloading by user selected health care professionals
or providers. The downloading permits a user to provide a new health care provider, and
specifically a health care professional, with relevant medical information. The exchange can
reach across disparate systems by converting medical information from one standard or format
used by a health care provider to one used to store personal health records. Further, the medical
information system facilitates exchange of both clinical data and secure messages from a user to
a selected health care professional, and vice versa. In describing this medical information system
an example of equipment involved in creating the system is explained, then various aspects of a
personal health record are described. Finally, interfaces to the personal health record and data
exchange including secure messaging are detailed.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lash to obtain above limitation based on the teachings of Mardhall for the purpose of allowing user to control their medical information and to share their medical information across disparate health care provider systems
providing, for presentation within the application at the user device, a second user
interface view comprising a search bar for searching for a subset of providers of the set of
providers
Lash [0065] The opening or "home" screen of FIG. 1 presents a high level overview of the basic
data that has been entered into the system. Thus, this screen presents the user with listings of
individuals, providers and plans that have been entered, a listing of upcoming appointments and
reminders, and expense summaries and menus for entering new information, such as new records
relating to a medical event, and for searching existing records for purposes of viewing or
modifying them.
responsive to a second user input, received within the application, that selects a first provider
of the subset of providers, initiating using a provide subscription server, a connection sequence for establishing a first persistent data connection between the application of the user device and a first electronic health record system of the first provider, wherein the provider subscription server is operated by a first entity and the first electronic health record system is operated by a second entity that is distinct from the first entity, wherein the first persistent data connection excludes a connection with the provider subscription server, and wherein the first persistent data connection enables the application to download first health record data of the user from the first electronic health record system and receive first updates to the first health record data
Marshall [0028] The described embodiment, a medical information system, allows users to
control their medical information and to share their medical information across disparate health
care provider systems. The user's medical information is gathered into personal health records.
Medical information can be exchanged over the Internet through an interface. The exchange can
involve uploading information from the health provider's system to the personal health records,
or can involve downloading information from the personal health records to the health care
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination
A in view of Finkelstein (US 2017/0109570)
Combination A discloses elements of the claimed invention as noted but does not disclose
wherein the connection sequence comprises connecting to a gateway of the first electronic health
record system. However, Finkelstein discloses:
Finkelstein [0037] In certain preferred embodiments, the system may be configured to obtain at
least an identity of a casualty that has not pre-registered by accessing images retained in a social
network. In other embodiments, the invention may also provide interfaces or a gateway to the
participants Electronic Health Record.
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify reference combination A to obtain above limitation based on the
teachings of Finkelstein for the purpose of downloading health data via a gateway.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination
A in view of Finkelstein in view of Daub (US 2015/0088545) in view of Jung (US 9,747,579)
Combination A in view of Finkelstein discloses elements of the claimed invention as noted but
does not disclose wherein connecting to the gateway comprises receiving, via a third user
interface view, user credentials associated with the first electronic health record system.
However, Daub discloses:
Daub [0048] Authentication database 135 may store information used in an authentication
process, for example user identifiers, passwords, access privileges, user preferences, user
statistics, and the like. User database 140 maintains user information and credentials for health
records management system 115 users (e.g., user 105).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify reference combination A in view of Finkelstein to obtain above
limitation based on the teachings of Daub for the purpose of storing information used in an
authentication process, for example user identifiers, passwords, access privileges, user
preferences, user statistics.
Arguably, Daub discloses third user interface view. However, Jung discloses:
Jung column 3 lines 57-62, Another embodiment provides a system. The system includes an
electronic device having a plurality of user interfaces, an assistance file having a content related
to the electronic device, and an assistance manager.
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify reference combination A in view of Finkelstein to obtain above
limitation based on the teachings of Jung for the purpose of providing assistance corresponding
to the query through a second interface associated with the electronic device [abstract].
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination
A in view of Finkelstein in view of Higgs (US 2017/0011174).
Combination A in view of Finkelstein discloses elements of the claimed invention as noted but does not disclose downloading, to the user device, health record data from the gateway. However, Higgs discloses:
Higgs claim 14, A method for transferring patient medical records comprising the steps of:
inserting an initiator in a web enabling device, said initiator having a server-side application;
executing a client-side application in the web enabling device's processor, accessing through the
client-side application a cloud-based personal health records module, said client-side application
for web access to a cloud device for connecting and communicating with said cloud-based
personal health records module, and downloading a patient's patient data from said cloud-based
personal health records
Examiner Note: gateway = cloud-based personal health records module
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify combination A in view of Finkelstein to obtain above
limitation based on the teachings of Higgs for the purpose of executing a client-side application
in the web enabling device's processor and accessing through the client-side application a cloud-
based personal health records module.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination
A in view of Finkelstein in view of Higgs in view of Sirleaf (US 2011/0071852) in view of Jung.
Combination A in view of Finkelstein in view of Higgs discloses elements of the claimed
invention as noted but does not disclose indexing the health record data according to a set of
predefined categories; and providing, for presentation at the user device, a third user interface
view that identifies the set of predefined categories. However, Sirleaf discloses:
Sirleaf [0039] In some embodiments the first patient health record 140 is stored within the first
local database using a first system identifier 150 corresponding to the first patient. For example,
the database may index health records according to corresponding system identifiers, which may
include an alphanumeric string representing a specific patient. In certain cases the system
identifiers do not include personally identifiable information (e.g., they are random or otherwise
arbitrary strings), SO that records can be accessed and retrieved without the need for personally
identifiable information.
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify combination A in view of Finkelstein in view of Higgs
to obtain above limitation based on the teachings of Sirleaf for the purpose of providing
identifiers which do not include personally identifiable information (e.g., they are random or
otherwise arbitrary strings), SO that records can be accessed and retrieved without the need for
personally identifiable information.
Arguably, Sirleaf discloses third user interface view. However, Jung discloses:
Jung column 3 lines 57-62, Another embodiment provides a system. The system includes an
electronic device having a plurality of user interfaces, an assistance file having a content related
to the electronic device, and an assistance manager.
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify reference combination A in view of Finkelstein to obtain above
limitation based on the teachings of Jung for the purpose of providing assistance corresponding
to the query through a second interface associated with the electronic device [abstract].
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify reference combination A in view of Finkelstein to obtain above
limitation based on the teachings of Jung for the purpose of providing assistance corresponding
to the query through a second interface associated with the electronic device [abstract].
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination
A in view of Fowler (US 9,973,455)
Combination A discloses elements of the claimed invention as noted but does not disclose
wherein determining the set of providers that provide the medical care comprises determining the
set of providers based on at least one of a location associated with the user device, an association
between the set of providers and user information associated with the user device, or a feature of
each provider of the set of providers. However, Fowler discloses:
Fowler clam 9. A computer-implemented method, comprising: determining that a trigger event
has been detected, the trigger event corresponding to a change in medical responsibility for a
patient; evaluating aspects of the trigger event to identify a medical provider to receive (i) a
notification about the trigger event and (ii) a first tailored version of a medical message
corresponding to the patient; accessing an authorized medical provider list stored in a central
database; evaluating the authorized medical provider list to determine that the medical provider
is authorized to receive the first tailored version of the medical message corresponding to the
patient, other authorized medical providers being authorized to receive other tailored versions of
the medical message; determining a medical provider feature associated with the medical
provider and corresponding to a medical provider parameter included in a set of messaging rules
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify combination A to obtain above limitation based on the
teachings of Fowler for the purpose of evaluating the authorized medical provider list to
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lash (US
2005/0010446) in view of Marshall (US 2008/0133273)
Examiner Notes: Hereafter, above references will be entered combination A.
a memory configured to store computer-executable instructions; and
a processor configured to access the memory and execute the computer-
executable instructions to at least:
Lash [0054] [0055] [0096] [0098]
responsive to a first user input, providing, for presentation within an application at
a user device, a first user interface view comprising a first user interface element for
connecting the application with a plurality of electronic health record systems associated with a
plurality of providers to enable downloading of health record data of the user from the
plurality of electronic health record systems
Lash [abstract] End-user software for monitoring health care benefits and maintaining individual
personal health histories is disclosed. The software provides the ability for a user to monitor
health care services delivered by a plurality of different health care providers, such as doctors,
clinics, dentists, pharmacies, etc. under a plurality of different health benefit plans to a plurality
of different individuals, such as members of an immediate or extended family. Specific medical
events are logged and tracked, and payment information associated with the events can be
reconciled, kept open and/or marked for follow-up action. Various planning tools are available to
assist the user in making health care decisions, such as which plan to choose and when to make
discretionary purchases of health care related goods and services. The software is able
to download information from health care providers, health benefit plans, etc.
Lash [0075] It is anticipated that health care providers will make medical history information
available online to their patients for secure downloading. Such information may include text
information, e.g., a medical specialist's report, and image information, e.g., a set of x-rays. It is
foreseeable that such information will be made available in standardized formats. For example,
text information may be made available in XML format (including its common derivatives, such
as RTF and HTML), and image information may be made available in any standard digital image
format including, for example, JPEG or TIFF format.
determining a set of providers that provide medical care, wherein individual
providers of the set of providers are associated with individual electronic health record
systems;
Lash discloses elements of the claimed invention as noted but does not disclose above limitation. However, Marshall discloses:
Marshall [0028] The described embodiment, a medical information system, allows users to
control their medical information and to share their medical information across disparate health
care provider systems. The user's medical information is gathered into personal health records.
Medical information can be exchanged over the Internet through an interface. The exchange can
involve uploading information from the health provider's system to the personal health records,
or can involve downloading information from the personal health records to the health care
provider's system. Uploading and downloading is facilitated by a health record access ID. The
user may control uploading and downloading by user selected health care professionals
or providers. The downloading permits a user to provide a new health care provider, and
specifically a health care professional, with relevant medical information. The exchange can
reach across disparate systems by converting medical information from one standard or format
used by a health care provider to one used to store personal health records. Further, the medical
information system facilitates exchange of both clinical data and secure messages from a user to
a selected health care professional, and vice versa. In describing this medical information system
an example of equipment involved in creating the system is explained, then various aspects of a
personal health record are described. Finally, interfaces to the personal health record and data
exchange including secure messaging are detailed.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lash to obtain above limitation based on the teachings of Mardhall for the purpose of allowing user to control their medical information and to share their medical information across disparate health care provider systems
providing, for presentation within the application at the user device, a second user
interface view comprising a search bar for searching for a subset of providers of the set of
providers
Lash [0065] The opening or "home" screen of FIG. 1 presents a high level overview of the basic
data that has been entered into the system. Thus, this screen presents the user with listings of
individuals, providers and plans that have been entered, a listing of upcoming appointments and
reminders, and expense summaries and menus for entering new information, such as new records
relating to a medical event, and for searching existing records for purposes of viewing or
modifying them.
responsive to a second user input, received within the application, that selects a first provider
of the subset of providers, initiating using a provide subscription server, a connection sequence for establishing a first persistent data connection between the application of the user device and a first electronic health record system of the first provider, wherein the provider subscription server is operated by a first entity and the first electronic health record system is operated by a second entity that is distinct from the first entity, wherein the first persistent data connection excludes a connection with the provider subscription server, and wherein the first persistent data connection enables the application to download first health record data of the user from the first electronic health record system and receive first updates to the first health record data
Marshall [0028] The described embodiment, a medical information system, allows users to
control their medical information and to share their medical information across disparate health
care provider systems. The user's medical information is gathered into personal health records.
Medical information can be exchanged over the Internet through an interface. The exchange can
involve uploading information from the health provider's system to the personal health records,
or can involve downloading information from the personal health records to the health care
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination
A in view of Finkelstein (US 2017/0109570)
Combination A discloses elements of the claimed invention as noted but does not disclose
wherein the connection sequence comprises connecting to a gateway of the first electronic health
record system. However, Finkelstein discloses:
Finkelstein [0037] In certain preferred embodiments, the system may be configured to obtain at
least an identity of a casualty that has not pre-registered by accessing images retained in a social
network. In other embodiments, the invention may also provide interfaces or a gateway to the
participants Electronic Health Record.
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify reference combination A to obtain above limitation based on the
teachings of Finkelstein for the purpose of downloading health data via a gateway.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination
A in view of Finkelstein in view of Daub (US 2015/0088545) in view of Jung (US 9,747,579)
Combination A in view of Finkelstein discloses elements of the claimed invention as noted but
does not disclose wherein connecting to the gateway comprises receiving, via a third user
interface view, user credentials associated with the first electronic health record system.
However, Daub discloses:
Daub [0048] Authentication database 135 may store information used in an authentication
process, for example user identifiers, passwords, access privileges, user preferences, user
statistics, and the like. User database 140 maintains user information and credentials for health
records management system 115 users (e.g., user 105).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify reference combination A in view of Finkelstein to obtain above
limitation based on the teachings of Daub for the purpose of storing information used in an
authentication process, for example user identifiers, passwords, access privileges, user
preferences, user statistics.
Arguably, Daub discloses third user interface view. However, Jung discloses:
Jung column 3 lines 57-62, Another embodiment provides a system. The system includes an
electronic device having a plurality of user interfaces, an assistance file having a content related
to the electronic device, and an assistance manager.
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify reference combination A in view of Finkelstein to obtain above
limitation based on the teachings of Jung for the purpose of providing assistance corresponding
to the query through a second interface associated with the electronic device [abstract].
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination
A in view of Finkelstein in view of Higgs (US 2017/0011174).
Combination A in view of Finkelstein discloses elements of the claimed invention as noted but does not disclose downloading, to the user device, health record data from the gateway. However, Higgs discloses:
Higgs claim 14, A method for transferring patient medical records comprising the steps of:
inserting an initiator in a web enabling device, said initiator having a server-side application;
executing a client-side application in the web enabling device's processor, accessing through the
client-side application a cloud-based personal health records module, said client-side application
for web access to a cloud device for connecting and communicating with said cloud-based
personal health records module, and downloading a patient's patient data from said cloud-based
personal health records
Examiner Note: gateway = cloud-based personal health records module
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify combination A in view of Finkelstein to obtain above
limitation based on the teachings of Higgs for the purpose of executing a client-side application
in the web enabling device's processor and accessing through the client-side application a cloud-
based personal health records module.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination
A in view of Fowler (US 9,973,455)
Combination A discloses elements of the claimed invention as noted but does not disclose
wherein determining the set of providers that provide the medical care comprises determining the
set of providers based on at least one of a location associated with the user device, an association
between the set of providers and user information associated with the user device, or a feature of
each provider of the set of providers. However, Fowler discloses:
Fowler clam 9. A computer-implemented method, comprising: determining that a trigger event
has been detected, the trigger event corresponding to a change in medical responsibility for a
patient; evaluating aspects of the trigger event to identify a medical provider to receive (i) a
notification about the trigger event and (ii) a first tailored version of a medical message
corresponding to the patient; accessing an authorized medical provider list stored in a central
database; evaluating the authorized medical provider list to determine that the medical provider
is authorized to receive the first tailored version of the medical message corresponding to the
patient, other authorized medical providers being authorized to receive other tailored versions of
the medical message; determining a medical provider feature associated with the medical
provider and corresponding to a medical provider parameter included in a set of messaging rules
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify combination A to obtain above limitation based on the
teachings of Fowler for the purpose of evaluating the authorized medical provider list to
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination
A in view of Caporal (US 2016/0072841).
Combination A discloses elements of the claimed invention as noted but does not disclose wherein the first persistent data connection enables the application to download the first health record data from the first electronic health record system and receive the first updates to the first health record data without sharing the first health record data or the first updates with the provider subscription server.
Caporal [0012]. Some examples of the tasks capable of being performed include causing a file to become accessible on a client device of a user specified in a communication, causing a file to be automatically downloaded to a client device, denying or removing access to a file on a client device, making a file required for a user or a group of users, or causing a file to become accessible on client devices associated with a user group.
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify combination A to obtain above limitation based on the
teachings of Caporal for the purpose of a computing environment can parse communications to identify one or more substrings that are indicative of a task, see [0012].
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination
A in view of Caporal (US 2016/0072841).
Combination A discloses elements of the claimed invention as noted but does not disclose wherein the first persistent data connection enables the application to download the first health record data from the first electronic health record system and receive the first updates to the first health record data without sharing the first health record data or the first updates with the provider subscription server.
Caporal [0012]. Some examples of the tasks capable of being performed include causing a file to become accessible on a client device of a user specified in a communication, causing a file to be automatically downloaded to a client device, denying or removing access to a file on a client device, making a file required for a user or a group of users, or causing a file to become accessible on client devices associated with a user group.
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify combination A to obtain above limitation based on the
teachings of Caporal for the purpose of a computing environment can parse communications to identify one or more substrings that are indicative of a task, see [0012].
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over combination
A in view of Caporal (US 2016/0072841).
Combination A discloses elements of the claimed invention as noted but does not disclose wherein the first persistent data connection enables the application to download the first health record data from the first electronic health record system and receive the first updates to the first health record data without sharing the first health record data or the first updates with the provider subscription server.
Caporal [0012]. Some examples of the tasks capable of being performed include causing a file to become accessible on a client device of a user specified in a communication, causing a file to be automatically downloaded to a client device, denying or removing access to a file on a client device, making a file required for a user or a group of users, or causing a file to become accessible on client devices associated with a user group.
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to modify combination A to obtain above limitation based on the
teachings of Caporal for the purpose of a computing environment can parse communications to identify one or more substrings that are indicative of a task, see [0012].
Response to Arguments
Applicant's arguments filed 8/28/2026 have been fully considered but they are not persuasive.
Applicant Argues:
A. Independent Claims 2, 9, and 16
Applicant respectfully submits that the cited references fail to disclose or make
obvious all features of claim 2. For example, the cited references fail to disclose or make obvious at least the following feature of claim 2:
wherein the provider subscription server [which is used to initiate the
connection sequence] is operated by a first entity and the first electronic
health record system is operated by a second entity that is distinct from the
first entity, wherein the first persistent data connection excludes a
connection with the provider subscription server
Independent claims 9 and 16 have been amended to recite similar subject matter. As discussed during the interview, Cifelli at 12:18-25 discusses that "From time to time, a user device may disconnect from the app provider system. For instance, the user device may bePage
powered down or the user may sever the secure, persistent connection between the user app and the app provider system. FIGS. 7A and 7B illustrate different embodiments for the app provider system's failback mechanisms for handling communications when a user device is not connected to the app provider system." Applicant submits, however, that this does not disclose "wherein the provider subscription server [which is used to initiate the connection sequence] is operated by a first entity and the first electronic health record system is operated by a second entity that is distinct from the first entity, wherein the first persistent data connection excludes a connection with the provider subscription server," as claim 2 recites. Cifelli fails to disclose anything relating to an architecture that includes a "user device," "a provider subscription server," and "a first electronic health record system," much less one that defines that the server and system are operated by distinct entities, as claim 2 recites. Thus, Applicant respectfully submits that claim 2 is allowable over Cifelli. The remaining references have not been cited for, and as cited do not, remedy the deficiencies of Cifelli. Thus, Applicant respectfully submits that independent claim 2, as amended, stands allowable at least over the cited references, and respectfully requests that the rejection of this claim be withdrawn.
As an additional example discussed during the interview, this particular
architecture enables creation of the "first persistent data connection between the . . . user device and [the] first electronic health record system of the provider" in a manner that "excludes a connection with the provider subscription service." Marshall, at 28, describes that "a medical information system, allows users to control their medical information and to share their medical information across disparate health care provider systems. The user's medical information is gathered into personal health records. Medical information can be exchanged over the Internet through an interface. The exchange can involve uploading information from the health provider's system to the personal health records, or can involve downloading information from the personal health records to the health care provider's system." As discussed during the interview, because the provider subscription server is not part of the persistent data connection, it cannot and will not receive "the first health record data of the user" or "first updates to the first health record data," which are shared by the first electronic health record system with the application of the user device. This arrangement was purposefully designed to put barriers between entities in the architecture to ensure that sensitive health data is not shared with the provider subscriptionPage 12 of 14
server. Thus, unlike Marshall that describes "downloading" to a health care provider's system, the amended claim provides unique persistent data connection. Thus, Applicant respectfully submits that claim 2 is allowable over Marshall. The remaining references have not been cited for, and as cited do not, remedy the deficiencies of Marshall. Thus, Applicant respectfully submits that independent claim 2, as amended, stands allowable at least over the cited references, and respectfully requests that the rejection of this claim be withdrawn.
Applicant respectfully submits that independent claims 9 and 16 are allowable at least for reasons similar to those discussed above in connection with independent claim 2.
Dependent claims 4-8 depend from independent claim 2, dependent claims 11-15 depend from independent claim 9, and dependent claims 18-21 depend from independent claim 16. As discussed above, claims 2, 9, and 16 are believed to be allowable. Thus, claims 4-8, 11- 15, and 18-21 are also believed to be allowable at least by virtue of their dependency from an allowable base claim. At least some of these claims may also be allowable for the additional features that each recites.
B. Dependent Claims 4-8, 11-15, and 18-21
Dependent claims 4-8, 11-15, and 18-21 depend from one of independent claims 2, 9, and 16. Thus, claims 4-8, 11-15, and 18-21 are also believed to be allowable at least by virtue of their dependency from an allowable base claim. At least some of these claims may also be allowable for the additional features that each recites.
II. New Claims
As noted above, Applicant herein adds new claims 22-24 and. Applicant respectfully requests favorable consideration of these claims.
III. Amendment To The Claims
Unless otherwise specified or addressed in the remarks section, amendments to the claims are made for purposes of clarity, and are not intended to alter the scope of the claims or limit any equivalents thereof. The amendments are supported by the specification and do not add new matter. In addition, by focusing on specific claims and claim elements in the discussion above, Applicant does not imply that other claim elements are disclosed or suggested by the
references. In addition, any characterizations of claims and/or cited art are being made to facilitate expeditious prosecution of this application. Applicant reserves the right to pursue at a later date any other broader or narrower claims that capture any subject matter supported by the present disclosure, including subject matter found to be specifically disclaimed herein or by another prosecution. Accordingly, reviewers of this or any child or related prosecution history shall not reasonably infer that Applicant have made any disclaimers or disavowals of any subject matter supported by the present disclosure.
Examiner Responds:
Examiner is not persuaded.
Claims 2, 9 and 16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement, see above. Particularly, one of ordinary skill in the art is not able to understand wherein the first persistent data connection excludes a connection with the provider subscription server.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ETIENNE PIERRE LEROUX whose telephone number is (571)272-4022. The examiner can normally be reached M-F 8:00 am to 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Apu Mofiz can be reached at 571 272 4080. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ETIENNE P LEROUX/Primary Examiner of Art Unit 2161
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