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 . This non-final office action on merits is in response to the Patent Application filed on 16 February 2025. Claims 1-20 are pending and considered below.
Status of Claims
In the amendment filed 06/04/2026 the following occurred: Claims 1, 11, and 17 were amended. Claims 1-20 are presented for examination.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Step 1
Claims 1-20 are drawn to systems, which is/are statutory categories of invention (Step 1: YES).
Step 2A Prong One
Independent claim 1 recites capture a first set of medical data from a patient; capture a second set of medical data from the patient; receive a first medical device information identifying a type, make or model of the first medical device, display a device-specific first use instruction based on the identified type, make, or model, receive a first patient medical information, display the first patient medical information, display a first warning according to the first patient medical information being outside a first acceptable range, receive a second medical device information, display a second use instruction according to the second medical device information, receive a second patient medical information, display the second patient medical information, display a second warning according to the second patient medical information being outside a second acceptable range, display a correlation information according to a comparison of the first patient medical information and the second patient medical information, wherein the correlation information includes a determination of whether the first patient medical information indicates that the second patient medical information may be inaccurate due to patient noncompliance, and, transmit the first patient medical information and the second patient medical information.
Independent claim 11 recites capture a first set of medical data from a patient; capture a second set of medical data from the patient; receive a first medical device information, display a first use instruction according to the first medical device information, receive a first patient medical information, display the first patient medical information, display a first warning according to the first patient medical information being outside a first acceptable range, receive a second medical device information, display a second use instruction according to the second medical device information, receive a second patient medical information, display the second patient medical information, display a correlation information according to a comparison of the first patient medical information and the second patient medical information, wherein the correlation information includes a determination of whether the first patient medical information indicates that the second patient medical information may be inaccurate due to patient non-compliance, display a second warning according to the second patient medical information being outside a second acceptable range, and create an amended patient record according to the initial patient record and information taken from a group consisting of the first medical device information, first patient medical information, the second medical device information, the second patient medical information, date, time, location, and any combination thereof.
Independent claim 17 recites initial patient history is associated with a patient; capture a first set of medical data from the patient; capture a second set of medical data from the patient; and receive a first medical device information, display a first use instruction according to the first medical device information, receive a first patient medical information, receive a second medical device information, display a second use instruction according to the second medical device information, receive a second patient medical information, display a correlation information according to a comparison of the first patient medical information and the second patient medical information, wherein the correlation information includes a determination of whether the first patient medical information indicates that the second patient medical information may be inaccurate due to patient non-compliance, append the initial patient history according to information taken from the group consisting of the first patient medical information, the first medical device information, the second patient medical information, the second medical device information, date, time, location, and any combination thereof.
The respective dependent claims 2-10, 12-16, and 18-20, but for the inclusion of the additional elements specifically addressed below, provide recitations further limiting the invention of the independent claim(s).
Said above recited limitations, as drafted, under their broadest reasonable interpretation, cover certain methods of organizing human activity, as reflected in the specification, which states that the invention is to “Patient Health Care Information Collection, Communication and Management” (see: specification Title). If a claim limitation, under its broadest reasonable interpretation, covers managing personal behavior or relationships or interactions between people including following rules or instructions, then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas. The present claims cover certain methods of organizing human activity because they address a problem where “there is a need to improve the medical data recording process so that less time is spent on administrative tasks, more time is spent on providing health care services, and the overall efficiency of the health care process, as well as the industry, can be improved” (see: specification paragraph 6) and where the “process of data collection to data recording can result in errors in the EMR information due to transcription errors, information reading errors, improper device usage, and the like” (see: specification paragraph 8). The recited limitations generally address such problems by providing “[t]he local computer system or the remote computer systems [that] can receive the data and analyze the data and store the data on a remote database [] that can be accessed…by third parties such as health care providers and payment entities…[and] the data corrected can be compared to a range of acceptable value” (see: specification paragraph 51). Accordingly, the claims recite an abstract idea(s) (Step 2A Prong One: YES).
Step 2A Prong Two
This judicial exception is not integrated into a practical application. The claims are abstract but for the inclusion of the additional elements including an “local computer system having a computer readable medium; a first medical device in communications with the local computer system adapted to…a second medical device in communication with the local computer system adapted to…a remote computer system in communication with the local computer system; a set of local computer readable instructions adapted to…from the first medical device…from the first medical device…on the local computer system…from the second medical device…from the second medical device…on the local computer system…to a remote computer system …” (claim 1), “a patient record stored on a database…” (claim 2-3), “a patient record stored on an electronic medical record system…” (claim 4), “from the first medical device…” (claim 6), “from the first medical device…” (claim 7-8), “from the second medical device…” (claim 9), “a local computer system having a computer readable medium and in communication with an electronic medical record system; an initial patient record stored on a database in communication with the local computer system; a first medical device in communication with the local computer system adapted to…a second medical device in communication with the local computer system adapted to…a remote computer system in communication with the local computer system; and a set of local computer readable instructions adapted to…from the first medical device…from the first medical device…on the local computer system…from the second medical device…from the second medical device…on the local computer system…” (claim 11), “from the electronic medical record system…on the database wherein the database is included in the electronic medical record system” (claim 12), “to the remote computer system” (claim 13), “wherein the first medical device is taken from the group consisting of a blood pressure sensor, pulse sensor, thermometer, weight scale, and galvanic skin sensor” (claim 14), “from the first medical device” (claim 15), “a local computer system having a computer readable medium and in communications with an electronic medical record system; an initial patient history stored on a database in communication with the local computer system wherein the…a first medical device in communication with the local computer system adapted to…a second medical device in communication with the local computer system adapted to…a set of local computer readable instructions adapted to…from the first medical device…from the first medical device…from the second medical device…from the second medical device…” (claim 17), and “wherein the database is included in the electronic medical records system” (claim 18), which are additional elements that are recited at a high level of generality (e.g., the “local computer system having a computer readable medium” is configured through no more than a statement than that it is “adapted to” perform “a set of local computer readable instructions” including receiving data “from the first medical device” and “from the second medical device” and displaying information “on” said local computer system; the “first medical device” and “second medical device” are configured through no more than a statement than that they are “adapted to” capture medical data and are “in communication with” the local computer system, wherein the first medical device is further may be a “sensor” generic to one of a blood pressure, pulse, temperature, weight, and galvanic skin response of the patient; the “remote computer system” is configured through no more than a statement than that it is “in communication with” the local computer system such that information is transmitted “to” said remote computer system; the “database” is configured through no more than a statement than that a patient record is “stored on” said database which is “in communication with” the local computer system and “included in” the electronic medical records system; the “electronic medical record system” is configured through no more than a statement than that a patient record is “stored on” said electronic medical record system and that it is “in communication with” the local computer system) such that they amount to no more than mere instruction to apply the exception using generic computer elements. See: MPEP 2106.05(f).
The combination of these additional elements is no more than mere instructions to apply the exception using generic computer elements. Accordingly, even in combination, these additional elements do not integrate the abstract idea(s) into a practical application because they do not impose any meaningful limits on practicing the abstract idea(s). Accordingly, the claims are directed to an abstract idea(s) (Step 2A Prong Two: NO).
Step 2B
The claims do 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(s) into a practical application, using the additional elements to perform the abstract idea(s) amounts to no more than mere instructions to apply the exception using generic elements. Mere instructions to apply an exception using generic elements cannot provide an inventive concept. See MPEP 2106.05(f).
Further, several of the generic additional elements may also be understood by the courts to perform well-understood, routine, and conventional activities previously known to the industry. The claimed limitations regarding capture of medical data from a patient, communication and transmission of medical data and information to and from computer systems, and storage of a patient record on a database and electronic medical record system, are representative of concepts to electronic recordkeeping, receiving or transmitting data over a network, such as using the Internet to gather data or sending messages over a network, and storing and retrieving information in memory. Said representative concepts have been identified by the courts as well-understood, routine, and conventional activities. See: MPEP 2106.05(d)(II).
Viewing the limitations as an ordered combination, the claims simply instruct the additional elements to implement the concept described above in the identification of abstract idea(s) with routine, conventional activity specified at a high level of generality in a particular technological environment. Hence, the claims as a whole, considering the additional elements individually and as an ordered combination, do not amount to significantly more than the abstract idea(s) (Step 2B: NO).
Dependent claim(s) 2-10, 12-16, and 18-20, when analyzed as a whole, considering the additional elements individually and/or as an ordered combination, are held to be patent ineligible under 35 U.S.C. 101 because the additional recited limitation(s) fail(s) to establish that the claim(s) is/are not directed to an abstract idea(s) without significantly more. These claims fail to remedy the deficiencies of their parent claims above and are therefore rejected for at least the same rationale as applied to their parent claims above and incorporated 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aoun et al. (20220101989) in view of Sampath et al. (20180174680) further in view of Himley (20200093441).
Claim 1: Aoun discloses a medical information collection system with inter-dataset correlation ([24 “example system environment for patient care. In this example, the system environment includes a medical system 120, a set of devices 102-116 in a medical care site 100, and a set of devices 132-140 at one or more offsite locations,” 25 “medical system 120 can include one or more computing components for storing health records, collecting health records and/or associated data and updates, providing and/or displaying health records and/or associated data, managing/maintaining scheduling information, providing notifications, providing medical requests and/or orders/prescriptions, managing health plans,”]) comprising: a local computer system having a computer readable medium ([26 “medical system 120 can be located/hosted at the medical care site,” 27 “devices 132-140 at the one or more offsite locations 130 can include one or more client devices 132, one or more sensors 134, one or more third-party medical systems,”]);
a first medical device in communications with the local computer system adapted to capture a first set of medical data from a patient ([37 “set of devices 102-116 in the medical care site 100, and/or any of the set of devices 132-140 at the one or more offsite locations 130 can communicate and/or interconnect via a network 125, and can share patient and medical data,”]);
a second medical device in communication with the local computer system adapted to capture a second set of medical data from the patient ([37 “set of devices 102-116 in the medical care site 100, and/or any of the set of devices 132-140 at the one or more offsite locations 130 can communicate and/or interconnect via a network 125, and can share patient and medical data,”]);
a remote computer system in communication with the local computer system ([37 “network 125 can include one or more public and/or private networks such as, for example, one or more cloud networks, local area networks, wide area networks, virtual networks, service provider networks, core networks, datacenters, and/or the like,”]);
a set of local computer readable instructions ([24 “set of devices 132-140 at one or more offsite locations,”]) adapted to:
receive a first medical device information from the first medical device ([37 “some or all of devices 132-140 that are within an offsite location can interconnect and/or communicate via one or more wireless connections and/or protocols (e.g., WIFI, Bluetooth, near-field communications, facsimile, etc.) and/or via a LAN. Upon receipt of the medical data, the data can be processed by the medical system 120 including utilizing optical character recognition (OCR) and a transcription user interface (UI). In some implementations, the medical system 120 can further receive updates (e.g., updated data) from any of the set of devices 102-116 in the medical care site 100, and/or any of the set of devices 132-140 at the one or more offsite locations 130 via the network,”]),
display a first use instruction according to the first medical device information ([41 “collaborative smart screen 102 can also send and/or receive data to/from one or more of the devices 132-140 at the one or more offsite locations,” 42]),
receive a first patient medical information from the first medical device ([33 “one or more sensors 112 and 134 can include any sensor device such as, for example, an infrared (IR) sensor, a biosensor, a tactile sensor, a pressure sensor, a respiratory sensor, a blood analyzer, a chemical sensor, an implantable sensor, a wearable sensor, a cataract sensor, a glucose meter, an activity sensor, a blood pressure sensor, a pulse oximeter, a heart rate sensor, a sleep sensor, a temperature sensor, a body composition analyzer, a stethoscope, and/or any other type of sensor,” 34]),
display the first patient medical information on the local computer system ([37 “consultation” can include an onsite consultation, a remote consultation (e.g., telemedicine, etc.), or a hybrid onsite and remote consultation where one or more participants are located on site and one or more participants are located remotely. In some examples, the medical system 120, any of the set of devices 102-116 in the medical care site 100, and/or any of the set of devices 132-140 at the one or more offsite locations 130 can communicate and/or interconnect via a network 125, and can share patient and medical data,” 39 “one or more of the devices 132-140 at the one or more offsite locations 130 can communicate and/or interconnect with one or more other devices 132-140 at the one or more offsite locations 130 directly via a peer-to-peer connection (e.g., wireless or wired) and/or via one or more networks (e.g., a wired and/or wireless local area network) at the one or more offsite locations,” 40, 41]),
receive a second medical device information from the second medical device ([37 “some or all of devices 132-140 that are within an offsite location can interconnect and/or communicate via one or more wireless connections and/or protocols (e.g., WIFI, Bluetooth, near-field communications, facsimile, etc.) and/or via a LAN. Upon receipt of the medical data, the data can be processed by the medical system 120 including utilizing optical character recognition (OCR) and a transcription user interface (UI). In some implementations, the medical system 120 can further receive updates (e.g., updated data) from any of the set of devices 102-116 in the medical care site 100, and/or any of the set of devices 132-140 at the one or more offsite locations 130 via the network,”]),
display a second use instruction according to the second medical device information ([41 “collaborative smart screen 102 can also send and/or receive data to/from one or more of the devices 132-140 at the one or more offsite locations,” 42]),
receive a second patient medical information from the second medical device ([33 “one or more sensors 112 and 134 can include any sensor device such as, for example, an infrared (IR) sensor, a biosensor, a tactile sensor, a pressure sensor, a respiratory sensor, a blood analyzer, a chemical sensor, an implantable sensor, a wearable sensor, a cataract sensor, a glucose meter, an activity sensor, a blood pressure sensor, a pulse oximeter, a heart rate sensor, a sleep sensor, a temperature sensor, a body composition analyzer, a stethoscope, and/or any other type of sensor,” 34]),
display the second patient medical information on the local computer system ([37 “consultation” can include an onsite consultation, a remote consultation (e.g., telemedicine, etc.), or a hybrid onsite and remote consultation where one or more participants are located on site and one or more participants are located remotely. In some examples, the medical system 120, any of the set of devices 102-116 in the medical care site 100, and/or any of the set of devices 132-140 at the one or more offsite locations 130 can communicate and/or interconnect via a network 125, and can share patient and medical data,” 39 “one or more of the devices 132-140 at the one or more offsite locations 130 can communicate and/or interconnect with one or more other devices 132-140 at the one or more offsite locations 130 directly via a peer-to-peer connection (e.g., wireless or wired) and/or via one or more networks (e.g., a wired and/or wireless local area network) at the one or more offsite locations,” 40, 41]),
display a correlation information according to a comparison of the first patient medical information and the second patient medical information ([37 “set of devices 102-116 in the medical care site 100, and/or any of the set of devices 132-140 at the one or more offsite locations 130 can communicate and/or interconnect via a network 125, and can share patient and medical data,” 80 “medical system 120 can then receive (e.g., via a wired and/or wireless transmission) the newly measured biometrics from the sensors 112, and update the customized medical treatment based on updated data from offsite 130, the consultation visit 300, and the medical care site,” 83 “combination of all or some of the data from the consultation visit 300, from offsite 130, and the medical care site 100 can further be utilized and compared 404 to medical data of the general population 402 such that the medical system 120 can determine whether treatment is necessary or wanted for a given condition,”]) Examiner Note: Examiner under a broadest reasonable interpretation, interprets the collection of first and second patient medical information including the separate processing of the collected information as well as the process of timely updating of the collected data as well as the display of information as coordinated with the medical professionals and the patients to disclose the collection, processing, and display of collected and processed medical data related to first and second collection episodes.
transmit the first patient medical information and the second patient medical information to a remote computer system ([26, 27 “devices 102-116 in the medical care site 100 include a collaborative smart screen 102, one or more imaging systems 104, one or more biometric systems 106, one or more stethoscopes 108, one or more laboratory systems 110, one or more sensors 112, one or more medical devices 114, and one or more computing devices 116; and the devices 132-140 at the one or more offsite locations 130 can include one or more client devices 132, one or more sensors 134, one or more third-party medical systems 136, one or more laboratory systems 138, and one or more medical devices,” 28 “collaborative smart screen 102 can include one or more communication interfaces (e.g., wired and/or wireless) for communicating with other devices such as the medical system 120, and/or any other device,” 35 “one or more client devices 132 can include one or more communication interfaces (e.g., wired and/or wireless) for communicating test results and/or measurements to other devices such as the medical system 120, the collaborative smart screen 102, and/or any other device,”]). Examiner Note: Examiner, under a broadest reasonable interpretation, interprets the coordination of data displays as disclosed by Aoun for the display of updated and collected medically relevant data both remotely and at a medically related site or location as well as the provision of first and second data elements as related to different sensors and different bodily related functions to disclose the collection of first and second data sets.
Aoun discloses a system of collection of a wide variety of physical data from patients as related to a variety of measurements and the separation of collected data into a variety of first and second datasets and the communication of the collected data to patients and caregivers and Aoun does not explicitly disclose however Sampath discloses:
display a first warning according to the first patient medical information being outside a first acceptable range ([147 “patient monitors 640 can also provide information on medical events, such as alarms, to the MMS 620. Alarms can be triggered, for example, in response to a physiological parameter falling outside of a normal range,” 148 “patient monitors 640 provide the physiological information and medical events to the MMS,” 161 “monitoring module 742 can monitor physiological signals generated by one or more sensors coupled with a patient,” 162, 167 “additional (or different) parameter is subsequently measured by the patient monitor 740, the RRDB module 740 may dynamically update the parameter descriptors that are sent to the MMS,” 168 “journal module 740 may record medical events related to the patient monitor,”])
display a second warning according to the second patient medical information being outside a second acceptable range ([147 “patient monitors 640 can also provide information on medical events, such as alarms, to the MMS 620. Alarms can be triggered, for example, in response to a physiological parameter falling outside of a normal range,” 148 “patient monitors 640 provide the physiological information and medical events to the MMS,” 161 “monitoring module 742 can monitor physiological signals generated by one or more sensors coupled with a patient,” 162, 167 “additional (or different) parameter is subsequently measured by the patient monitor 740, the RRDB module 740 may dynamically update the parameter descriptors that are sent to the MMS,” 168 “journal module 740 may record medical events related to the patient monitor,”]). Examiner Note: Examiner under a broadest reasonable interpretation, interprets the disclosures of Sampath as per the continuous collection of medical patient information and the generation of alarms when parameters are outside a determined range, and the continuous updating of the measured medical information to disclose the collection of first and second event data as related to issued alarms.
Therefore it would be obvious for Aoun to display a first warning according to the first patient medical information being outside a first acceptable range and display a second warning according to the second patient medical information being outside a second acceptable range as per the steps of Sampath in order to continuously measure the physiological conditions of patients and provide updates to care providers in order to provide enhanced treatment to patients.
Aoun and Sampath fail to specifically teach the information identifying a type, make, or model of the first medical device and display of a device-specific first use instruction based on the identified type, make or model; however, Himley teaches include reconfiguring a measurement unit to accommodate a different style or type of blood pressure interface unit, where measurement unit is configured to accept multiple types of blood pressure measurement equipment, and providing a user with instructional guidance for properly measuring blood pressure with the equipped blood pressure interface unit (see: Himley, paragraph 35 and 59).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the system and devices taught by Aoun and Sampath to include reconfiguring a measurement unit to accommodate a different style or type of blood pressure interface unit, where measurement unit is configured to accept multiple types of blood pressure measurement equipment, and providing a user with instructional guidance for properly measuring blood pressure with the equipped blood pressure interface unit as taught by Himley with the motivation of minimizing inaccuracy (see: Himley, paragraph 59).
Claim 2: Aoun in view of Sampath and Himley discloses the system as for claim 1 and Aoun further discloses:
a patient record stored on a database and associated with a patient representing historical medical information ([70 “the dynamic contextual data 320 can include medical history information 322, test results 324, measurements 326, medications 328, conditions 330, treatments 322, genetics 334, nutritional data 336, allergies 338, vaccinations,” 71 “medical history information 322 can include past and present medical history of the patient measured from home, offsite 130, consultation visit 300, or medical care site,”]); and,
wherein the set of local computer readable instructions are adapted to modify the patient record according to information taken from a group consisting of the first medical device information ([37]), first patient medical information ([33, 34]), second medical device record information ([37]), second patient medical information ([33, 34]), date ([82 “date of birth,”]), time, location ([26 “medical system 120 can be located/hosted at a separate location or site. For example, the medical system 120 can be located/hosted at a separate medical care site, a location from the one or more offsite locations 130, on a cloud network, and/or on any other location,”]) and any combination thereof ([63 “information in the consultation visit 300 can be updated based on past and current data and/or decisions obtained while addressing/covering that item and/or another item by the medical system,” 70 “dynamic contextual data 320 of the consultation visit information 300 can include data dynamically loaded, displayed, and/or updated based on a current context of the consultation. For example, the dynamic contextual data 320 can include medical history information 322, test results 324, measurements 326, medications 328, conditions 330, treatments 322, genetics 334, nutritional data 336, allergies 338, vaccinations 340, etc., that is/are relevant to a current agenda item,”]).
Claim 3: Aoun in view of Sampath and Himley discloses the system as for claim 1 above and Aoun further discloses:
a patient record stored on a database and associated with a patient representing historical medical information ([70 “the dynamic contextual data 320 can include medical history information 322, test results 324, measurements 326, medications 328, conditions 330, treatments 322, genetics 334, nutritional data 336, allergies 338, vaccinations,” 71 “medical history information 322 can include past and present medical history of the patient measured from home, offsite 130, consultation visit 300, or medical care site,”]);
Aoun does not explicitly disclose and Sampath discloses:
wherein the set of local computer readable instructions are adapted to retrieve the patient record and display a warning if the first medical device information is outside a historical range ([147 “patient monitors 640 can also provide information on medical events, such as alarms, to the MMS 620. Alarms can be triggered, for example, in response to a physiological parameter falling outside of a normal range,” 148 “patient monitors 640 provide the physiological information and medical events to the MMS,” 161 “monitoring module 742 can monitor physiological signals generated by one or more sensors coupled with a patient,” 162, 167 “additional (or different) parameter is subsequently measured by the patient monitor 740, the RRDB module 740 may dynamically update the parameter descriptors that are sent to the MMS,” 168 “journal module 740 may record medical events related to the patient monitor,”]).
Therefore it would be obvious for Aoun, Sampath, and Himley to wherein the set of local computer readable instructions are adapted to retrieve the patient record and display a warning if the first medical device information is outside a historical range as per the steps of Sampath in order to continuously measure the physiological conditions of patients and provide updates to care providers in order to provide enhanced treatment to patients.
Claim 4: Aoun in view of Sampath and Himley discloses the system as for claim 1 above and Aoun further discloses:
a patient record stored on an electronic medical record system ([70 “the dynamic contextual data 320 can include medical history information 322, test results 324, measurements 326, medications 328, conditions 330, treatments 322, genetics 334, nutritional data 336, allergies 338, vaccinations,” 71 “medical history information 322 can include past and present medical history of the patient measured from home, offsite 130, consultation visit 300, or medical care site,”]); and,
wherein the set of local computer readable instructions are adapted to amend the patient record with information taken from the group consisting of the first patient medical information ([33, 34]), the first medical device information ([37]), the second patient medical information ([33, 34]), the second medical device information ([37]), date ([82 “date of birth,”]), time, location ([26 “medical system 120 can be located/hosted at a separate location or site. For example, the medical system 120 can be located/hosted at a separate medical care site, a location from the one or more offsite locations 130, on a cloud network, and/or on any other location,”]), and any combination thereof.
Claim 5: Aoun in view of Sampath and Himley discloses the system as for claim 1 above and Aoun further discloses wherein the set of local computer readable instructions are adapted to display a correlation information according to a comparison of the first patient medical information ([33, 34]) and the second patient medical information ([33, 34]) wherein the first patient medical information affects the second patient medical information ([83 “combination of all or some of the data from the consultation visit 300, from offsite 130, and the medical care site 100 can further be utilized and compared 404 to medical data of the general population 402 such that the medical system 120 can determine whether treatment is necessary or wanted for a given condition,”]).
Claim 6: Aoun in view of Sampath and Himley discloses the system as for claim 1 above and Aoun further discloses wherein the set of local computer readable instructions are adapted to receive the first patient medical information from the first medical device by manual entry ([37 “the medical system 120 can further receive updates (e.g., updated data) from any of the set of devices 102-116 in the medical care site 100, and/or any of the set of devices 132-140 at the one or more offsite locations 130 via the network,” 38]).
Claim 7: Aoun in view of Sampath and Himley discloses the systems as for claim 1 and Aoun further discloses wherein the set of local computer readable instructions are adapted to request that the patient to actuate the first medical device to receive a third medical device information from the first medical device ([41 “the collaborative smart screen 102 can send and/or receive data to/from the medical system 120 and devices 104-116 at the medical care site 100. In some cases, the collaborative smart screen 102 can also send and/or receive data to/from one or more of the devices 132-140 at the one or more offsite locations,” 42, 43 “the provider performs a test or measurement using one or more of the devices 104-116 at the medical care site 100, the collaborative smart screen 102 can dynamically collect (e.g., via push and/or pull) and display data from the test or measurement. The collaborative smart screen 102 can collect the data from the one or more of the devices 104-116 and display such data while the patient and provider address/discuss the medical condition associated with the test or measurement,”]).
Claim 8: Aoun in view of Sampath and Himley discloses the system as for claim 5 above and Aoun further discloses wherein the set of local computer readable instructions are adapted to request that the patient actuates the first medical device to receive a third medical device information from the first medical device according to a comparison of the first patient medical information within the first acceptable range ([79 “before and/or during the consultation, the medical system 120 can receive data relevant from the patient and consultation such as a medical record of the patient. The medical system 120 can use the data received to determine a customized medical treatment for the patient,” 83 “combination of all or some of the data from the consultation visit 300, from offsite 130, and the medical care site 100 can further be utilized and compared 404 to medical data of the general population 402 such that the medical system 120 can determine whether treatment is necessary or wanted for a given condition,”]). Examiner Note: Examiner under a broadest reasonable interpretation interprets the comparison of collected data from a patient with information collected from the general population to determine levels of medical information as relevant to established average parameters including differences between patient relevant data and population relevant data.
Claim 9: Aoun in view of Sampath and Himley discloses the system as for claim 5 above and Aoun further discloses wherein the set of local computer readable instructions are adapted to request that the patient actuates the second medical device to receive a third medical device information from the second medical device according to a comparison of the first patient medical information within the first acceptable range ([80 “new and updated data can be received by the medical system 120 and/or one or more systems. For example, the provider can use the sensors 112 to measure biometrics of the patient, such as a heart rate, blood pressure, weight, blood glucose levels, oxygen levels, etc. The medical system 120 can then receive (e.g., via a wired and/or wireless transmission) the newly measured biometrics from the sensors 112, and update the customized medical treatment based on updated data from offsite 130, the consultation visit 300, and the medical care site,” 86, 87 “Upon receiving data regarding the comparison between the patient's current data 400 and the general population medical data 402, the dynamic suggestions 420, and the additional tasks 422, the medical system can analyze all or some of this data to determine whether a notable condition is present, and if so, which appropriate medical treatment 406 is necessary or recommended at this time,”]).
Claim 10:Aoun in view of Sampath and Himley discloses the system as for claim 1 above and Aoun further discloses wherein the set of local computer readable instructions are adapted to transmit a health message to a health care provider according to the first patient medical information being outside the first acceptable range and an approval to transmit from the patient ([41 “collaborative smart screen 102 can send and/or receive data to/from the medical system 120 and devices 104-116 at the medical care site 100. In some cases, the collaborative smart screen 102 can also send and/or receive data to/from one or more of the devices 132-140 at the one or more offsite locations 130. For example, as further described herein, the collaborative smart screen 102 can collect data from the medical system 120 and/or any of the devices 104-116 at the medical care site 100. The collaborative smart screen 102 can use the collected data to present relevant medical and/or patient information on the collaborative smart screen 102 during a patient consultation at the medical care site,” 46 “collaborative smart screen 102 can thus recognize, transcribe, and display speech and conversations during a patient consultation. In some cases, the collaborative smart screen 102 can also generate speech audio (e.g., via text-to-speech) to output audio instructions, suggestions, messages, notifications, and/or other utterances,”]).
Claim(s) 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aoun et al. (20220101989) in view of Messerschmidt (20140051941).
Claim 11:Aoun discloses a medical information collection system with inter-dataset correlation ([24 “example system environment for patient care. In this example, the system environment includes a medical system 120, a set of devices 102-116 in a medical care site 100, and a set of devices 132-140 at one or more offsite locations,” 25 “medical system 120 can include one or more computing components for storing health records, collecting health records and/or associated data and updates, providing and/or displaying health records and/or associated data, managing/maintaining scheduling information, providing notifications, providing medical requests and/or orders/prescriptions, managing health plans,”])
comprising: a local computer system having a computer readable medium and in communication with an electronic medical record system ([26 “medical system 120 can be located/hosted at the medical care site,” 27 “devices 132-140 at the one or more offsite locations 130 can include one or more client devices 132, one or more sensors 134, one or more third-party medical systems,”]);
an initial patient record stored on a database in communication with the local computer system ([25 “medical system 120 can include one or more computing components for storing health records, collecting health records and/or associated data and updates, providing and/or displaying health records and/or associated data,” 37 “set of devices 102-116 in the medical care site 100, and/or any of the set of devices 132-140 at the one or more offsite locations 130 can communicate and/or interconnect via a network 125, and can share patient and medical data,”]);
a first medical device in communication with the local computer system adapted to capture a first set of medical data from a patient ([37 “set of devices 102-116 in the medical care site 100, and/or any of the set of devices 132-140 at the one or more offsite locations 130 can communicate and/or interconnect via a network 125, and can share patient and medical data,”]);
a second medical device in communication with the local computer system adapted to capture a second set of medical data from the patient ([37 “set of devices 102-116 in the medical care site 100, and/or any of the set of devices 132-140 at the one or more offsite locations 130 can communicate and/or interconnect via a network 125, and can share patient and medical data,”]);
a remote computer system in communication with the local computer system ([37 “network 125 can include one or more public and/or private networks such as, for example, one or more cloud networks, local area networks, wide area networks, virtual networks, service provider networks, core networks, datacenters, and/or the like,”]);
a set of local computer readable instructions adapted to ([24 “set of devices 132-140 at one or more offsite locations,”]):
receive a first medical device information from the first medical device ([37 “some or all of devices 132-140 that are within an offsite location can interconnect and/or communicate via one or more wireless connections and/or protocols (e.g., WIFI, Bluetooth, near-field communications, facsimile, etc.) and/or via a LAN. Upon receipt of the medical data, the data can be processed by the medical system 120 including utilizing optical character recognition (OCR) and a transcription user interface (UI). In some implementations, the medical system 120 can further receive updates (e.g., updated data) from any of the set of devices 102-116 in the medical care site 100, and/or any of the set of devices 132-140 at the one or more offsite locations 130 via the network,”]),
display a first use instruction according to the first medical device information ([41 “collaborative smart screen 102 can also send and/or receive data to/from one or more of the devices 132-140 at the one or more offsite locations,” 42]),
receive a first patient medical information from the first medical device ([33 “one or more sensors 112 and 134 can include any sensor device such as, for example, an infrared (IR) sensor, a biosensor, a tactile sensor, a pressure sensor, a respiratory sensor, a blood analyzer, a chemical sensor, an implantable sensor, a wearable sensor, a cataract sensor, a glucose meter, an activity sensor, a blood pressure sensor, a pulse oximeter, a heart rate sensor, a sleep sensor, a temperature sensor, a body composition analyzer, a stethoscope, and/or any other type of sensor,” 34]),
display the first patient medical information on the local computer system ([37 “consultation” can include an onsite consultation, a remote consultation (e.g., telemedicine, etc.), or a hybrid onsite and remote consultation where one or more participants are located on site and one or more participants are located remotely. In some examples, the medical system 120, any of the set of devices 102-116 in the medical care site 100, and/or any of the set of devices 132-140 at the one or more offsite locations 130 can communicate and/or interconnect via a network 125, and can share patient and medical data,” 39 “one or more of the devices 132-140 at the one or more offsite locations 130 can communicate and/or interconnect with one or more other devices 132-140 at the one or more offsite locations 130 directly via a peer-to-peer connection (e.g., wireless or wired) and/or via one or more networks (e.g., a wired and/or wireless local area network) at the one or more offsite locations,” 40, 41]),
receive a second medical device information from the second medical device ([37 “some or all of devices 132-140 that are within an offsite location can interconnect and/or communicate via one or more wireless connections and/or protocols (e.g., WIFI, Bluetooth, near-field communications, facsimile, etc.) and/or via a LAN. Upon receipt of the medical data, the data can be processed by the medical system 120 including utilizing optical character recognition (OCR) and a transcription user interface (UI). In some implementations, the medical system 120 can further receive updates (e.g., updated data) from any of the set of devices 102-116 in the medical care site 100, and/or any of the set of devices 132-140 at the one or more offsite locations 130 via the network,”]),
display a second use instruction according to the second medical device information ([41 “collaborative smart screen 102 can also send and/or receive data to/from one or more of the devices 132-140 at the one or more offsite locations,” 42]),
receive a second patient medical information from the second medical device ([33 “one or more sensors 112 and 134 can include any sensor device such as, for example, an infrared (IR) sensor, a biosensor, a tactile sensor, a pressure sensor, a respiratory sensor, a blood analyzer, a chemical sensor, an implantable sensor, a wearable sensor, a cataract sensor, a glucose meter, an activity sensor, a blood pressure sensor, a pulse oximeter, a heart rate sensor, a sleep sensor, a temperature sensor, a body composition analyzer, a stethoscope, and/or any other type of sensor,” 34]),
display the second patient medical information on the local computer system ([37 “consultation” can include an onsite consultation, a remote consultation (e.g., telemedicine, etc.), or a hybrid onsite and remote consultation where one or more participants are located on site and one or more participants are located remotely. In some examples, the medical system 120, any of the set of devices 102-116 in the medical care site 100, and/or any of the set of devices 132-140 at the one or more offsite locations 130 can communicate and/or interconnect via a network 125, and can share patient and medical data,” 39 “one or more of the devices 132-140 at the one or more offsite locations 130 can communicate and/or interconnect with one or more other devices 132-140 at the one or more offsite locations 130 directly via a peer-to-peer connection (e.g., wireless or wired) and/or via one or more networks (e.g., a wired and/or wireless local area network) at the one or more offsite locations,” 40, 41]),
create an amended patient record according to the initial patient record and information taken from a group consisting of the first medical device information ([37]), first patient medical information ([33, 34]), the second medical device information ([37]) the second patient medical information ([33, 34]), date ([82 “date of birth,”]), time, location ([26 “medical system 120 can be located/hosted at a separate location or site. For example, the medical system 120 can be located/hosted at a separate medical care site, a location from the one or more offsite locations 130, on a cloud network, and/or on any other location,”]), and any combination thereof.
Aoun fails to specifically teach display a first warning according to the first patient medical information being outside a first acceptable range, and display a correlation information according to a comparison of the first patient medical information and the second patient medical information, wherein the correlation information includes a determination of whether the first patient medical information indicates that the second patient medical information may be inaccurate due to patient non-compliance, display a second warning according to the second patient medical information being outside a second acceptable range; however, Messerschmidt teaches a device with sensors/electrodes corresponding to blood pressure, ECG, heart beat, body temperature, galvanic skin response measurements, where in response to an indication that one or more of the sensors/electrodes is not detecting physiological parameters or the detected signals are incorrect or improper, such as by being out of range, the device can be configured to perform a check on the adequacy of the signals detected by the appropriate sensors/electrodes, such as by measuring the amount of contact pressure for each of a first and a second sensor, and the user interface may provide additional instructions to achieve proper positioning and contact between the sensors/electrodes and the user (see: Messerschmidt, Fig. 3-4; and paragraph 45-47).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the system and devices taught by Aoun to be configured such that, in response to an indication that one or more of the sensors/electrodes is not detecting physiological parameters or the detected signals are incorrect or improper, such as by being out of range, a check can be performed on the adequacy of the signals detected by the appropriate sensors/electrodes, such as by measuring the amount of contact pressure for each of a first and a second sensor, and the user interface may provide additional instructions to achieve proper positioning and contact between the sensors/electrodes and the user, as taught by Messerschmidt, with the motivation of aiding in proper positioning of the sensors to a particular portion of the user's body in order to obtain an accurate blood pressure measurement (see: Messerschmidt, paragraph 45).
Claim 12:Aoun in view of Messerschmidt discloses the system of claim 11 above and Aoun further discloses wherein the set of local computer readable instructions are adapted to retrieve the initial patient record from the electronic medical record system ([25 “medical system 120 can include one or more computing components for storing health records, collecting health records and/or associated data and updates, providing and/or displaying health records and/or associated data, managing/maintaining scheduling information, providing notifications, providing medical requests and/or orders/prescriptions, managing health plans,”]), amend the initial patient record and store an amended patient record on the database wherein the database is included in the electronic medical record system ([26 “medical system 120 can be located/hosted at the medical care site 100. In other cases, the medical system 120 can be located/hosted at a separate location or site. For example, the medical system 120 can be located/hosted at a separate medical care site, a location from the one or more offsite locations 130, on a cloud network, and/or on any other location,” 28-34, 43 “If, while addressing the medical condition, the provider performs a test or measurement using one or more of the devices 104-116 at the medical care site 100, the collaborative smart screen 102 can dynamically collect (e.g., via push and/or pull) and display data from the test or measurement. The collaborative smart screen 102 can collect the data from the one or more of the devices 104-116 and display such data while the patient and provider address/discuss the medical condition associated with the test or measurement,”]). Examiner Note: Examiner under a broadest reasonable interpretation understands the disclosures of Aoun with respect to the dynamic collection and display of data during a consultation session to disclose the amendment of an initial patient record.
Claim 13:Aoun in view of Messerschmidt discloses the system of claim 11 above and Aoun further discloses wherein the set of local computer readable instructions are adapted to transmit the amended patient record to a remote computer system ([26, 27 “devices 102-116 in the medical care site 100 include a collaborative smart screen 102, one or more imaging systems 104, one or more biometric systems 106, one or more stethoscopes 108, one or more laboratory systems 110, one or more sensors 112, one or more medical devices 114, and one or more computing devices 116; and the devices 132-140 at the one or more offsite locations 130 can include one or more client devices 132, one or more sensors 134, one or more third-party medical systems 136, one or more laboratory systems 138, and one or more medical devices,” 28 “collaborative smart screen 102 can include one or more communication interfaces (e.g., wired and/or wireless) for communicating with other devices such as the medical system 120, and/or any other device,” 35 “one or more client devices 132 can include one or more communication interfaces (e.g., wired and/or wireless) for communicating test results and/or measurements to other devices such as the medical system 120, the collaborative smart screen 102, and/or any other device,”])..
Claim 14:Aoun in view of Messerschmidt discloses the system of claim 11 above and Aoun further discloses wherein the first medical device is taken from the group consisting of a blood pressure sensor, pulse sensor, thermometer, weight scale, and galvanic skin sensor ([44 “collaborative smart screen 102 can also collect, load, and/or display relevant information obtained from other devices, such as test results, health metrics, and/or medical records from third-party systems, health metrics (e.g., measurements, statistics, test results, journal data, logged data, etc.) from one or more client devices associated with the patient (e.g., a smart watch, a heart rate sensor, a blood pressure sensor, a blood sugar sensor, a sleep sensor, an activity sensor, an image sensor, a pulse oximeter, a temperature sensor, a calorie tracker, a continuous positive airway pressure device, etc.), and/or any other device,”]).
Claim 15:Aoun in view of Messerschmidt discloses the systems as for claim 11 and Aoun further discloses wherein the set of local computer readable instructions are adapted to instruct the patient to actuate the first medical device after a period of time from receiving the first patient medical information and receiving a third patient medical information from the first medical device ([41 “the collaborative smart screen 102 can send and/or receive data to/from the medical system 120 and devices 104-116 at the medical care site 100. In some cases, the collaborative smart screen 102 can also send and/or receive data to/from one or more of the devices 132-140 at the one or more offsite locations,” 42, 43 “the provider performs a test or measurement using one or more of the devices 104-116 at the medical care site 100, the collaborative smart screen 102 can dynamically collect (e.g., via push and/or pull) and display data from the test or measurement. The collaborative smart screen 102 can collect the data from the one or more of the devices 104-116 and display such data while the patient and provider address/discuss the medical condition associated with the test or measurement,”]).
Claim 16:Aoun in view of Messerschmidt discloses the information collection system of claim 15 above, and Aoun further discloses wherein the set of local computer readable instructions ([24 “set of devices 132-140 at one or more offsite locations….system environment can include more, less, and/or different systems, devices, entities, and/or sites than those shown in FIG. 1,”]) are adapted to display a correlation information according to a comparison of the first patient medical information and the third patient medical information ([87 “receiving data regarding the comparison between the patient's current data 400 and the general population medical data 402, the dynamic suggestions 420, and the additional tasks 422, the medical system can analyze all or some of this data to determine whether a notable condition is present, and if so, which appropriate medical treatment 406 is necessary or recommended at this time,” 88 “determination of medical treatment 406 can be based on all or some of the information and data received from the consultation visit 300, from offsite 130, the medical care site 100, the general population 402, the dynamic suggestions 420, and the additional tasks 422. Based on all or some of these factors, the medical system 120 can determine if the patient has a condition worth noting and pursuing a customized treatment plan,” 92 “based on the effectiveness and timeline of the medical treatments from the general population regarding the detected skin abnormality 502 of the current patient, the medical system 120 can select the medical treatment that is most appropriate for the current patient, which can then be provided to the current patient 510. For example, if a skin abnormality is found on a male, who is 160 pounds, 35 years old, has a genetic makeup with a propensity of skin disease, and eats an unbalanced diet, the medical system 120 can take all or some of these factors into consideration when comparing the male's skin abnormality with skin conditions from the general population that have the same type, size, density, and color as the male's skin abnormality. By analyzing the patient's total medical data 400 and comparing the same to the general population of similar body structure, age, genetic makeup, etc., the medical system 120 can provide a customized medical treatment,”]).
Claim 17:Aoun discloses a medical information collection system with inter-dataset correlation ([24 “example system environment for patient care. In this example, the system environment includes a medical system 120, a set of devices 102-116 in a medical care site 100, and a set of devices 132-140 at one or more offsite locations,” 25 “medical system 120 can include one or more computing components for storing health records, collecting health records and/or associated data and updates, providing and/or displaying health records and/or associated data, managing/maintaining scheduling information, providing notifications, providing medical requests and/or orders/prescriptions, managing health plans,”]) comprising: a local computer system having a computer readable medium and in communications with an electronic medical record system ([26 “medical system 120 can be located/hosted at the medical care site,” 27 “devices 132-140 at the one or more offsite locations 130 can include one or more client devices 132, one or more sensors 134, one or more third-party medical systems,”]);
an initial patient history stored on a database in communication with the local computer system wherein the initial patient history is associated with a patient ([70 “dynamic contextual data 320 can include medical history information 322, test results 324, measurements 326, medications 328, conditions 330, treatments 322, genetics 334, nutritional data 336, allergies 338, vaccinations,” 71 “medical history information 322 can include past and present medical history of the patient measured from home, offsite 130, consultation visit 300, or medical care site,”]);
a first medical device in communication with the local computer system adapted to capture a first set of medical data from the patient ([37 “set of devices 102-116 in the medical care site 100, and/or any of the set of devices 132-140 at the one or more offsite locations 130 can communicate and/or interconnect via a network 125, and can share patient and medical data,”]);
a second medical device in communication with the local computer system adapted to capture a second set of medical data from the patient ([37 “set of devices 102-116 in the medical care site 100, and/or any of the set of devices 132-140 at the one or more offsite locations 130 can communicate and/or interconnect via a network 125, and can share patient and medical data,”]);
a set of local computer readable instructions adapted to ([24 “set of devices 132-140 at one or more offsite locations,”]):
receive a first medical device information from the first medical device ([37 “some or all of devices 132-140 that are within an offsite location can interconnect and/or communicate via one or more wireless connections and/or protocols (e.g., WIFI, Bluetooth, near-field communications, facsimile, etc.) and/or via a LAN. Upon receipt of the medical data, the data can be processed by the medical system 120 including utilizing optical character recognition (OCR) and a transcription user interface (UI). In some implementations, the medical system 120 can further receive updates (e.g., updated data) from any of the set of devices 102-116 in the medical care site 100, and/or any of the set of devices 132-140 at the one or more offsite locations 130 via the network,”]),
display a first use instruction according to the first medical device information ([41 “collaborative smart screen 102 can also send and/or receive data to/from one or more of the devices 132-140 at the one or more offsite locations,” 42]),
receive a first patient medical information from the first medical device ([33 “one or more sensors 112 and 134 can include any sensor device such as, for example, an infrared (IR) sensor, a biosensor, a tactile sensor, a pressure sensor, a respiratory sensor, a blood analyzer, a chemical sensor, an implantable sensor, a wearable sensor, a cataract sensor, a glucose meter, an activity sensor, a blood pressure sensor, a pulse oximeter, a heart rate sensor, a sleep sensor, a temperature sensor, a body composition analyzer, a stethoscope, and/or any other type of sensor,” 34]),
receive a second medical device information from the second medical device ([37 “some or all of devices 132-140 that are within an offsite location can interconnect and/or communicate via one or more wireless connections and/or protocols (e.g., WIFI, Bluetooth, near-field communications, facsimile, etc.) and/or via a LAN. Upon receipt of the medical data, the data can be processed by the medical system 120 including utilizing optical character recognition (OCR) and a transcription user interface (UI). In some implementations, the medical system 120 can further receive updates (e.g., updated data) from any of the set of devices 102-116 in the medical care site 100, and/or any of the set of devices 132-140 at the one or more offsite locations 130 via the network,”]),
display a second use instruction according to the second medical device information ([41 “collaborative smart screen 102 can also send and/or receive data to/from one or more of the devices 132-140 at the one or more offsite locations,” 42]),
receive a second patient medical information from the second medical device ([33 “one or more sensors 112 and 134 can include any sensor device such as, for example, an infrared (IR) sensor, a biosensor, a tactile sensor, a pressure sensor, a respiratory sensor, a blood analyzer, a chemical sensor, an implantable sensor, a wearable sensor, a cataract sensor, a glucose meter, an activity sensor, a blood pressure sensor, a pulse oximeter, a heart rate sensor, a sleep sensor, a temperature sensor, a body composition analyzer, a stethoscope, and/or any other type of sensor,” 34]),
append the initial patient history according to information taken from the group consisting of the first patient medical information ([33, 34]), the first medical device information ([37]), the second patient medical information ([33, 34]), the second medical device information ([37]), date ([82 “date of birth,”]), time, location ([26 “medical system 120 can be located/hosted at a separate location or site. For example, the medical system 120 can be located/hosted at a separate medical care site, a location from the one or more offsite locations 130, on a cloud network, and/or on any other location,”]), and any combination thereof.
Aoun fails to specifically teach display a correlation information according to a comparison of the first patient medical information and the second patient medical information, wherein the correlation information includes a determination of whether the first patient medical information indicates that the second patient medical information may be inaccurate due to patient non-compliance; however, Messerschmidt teaches a device with sensors/electrodes corresponding to blood pressure, ECG, heart beat, body temperature, galvanic skin response measurements, where in response to an indication that one or more of the sensors/electrodes is not detecting physiological parameters or the detected signals are incorrect or improper, such as by being out of range, the device can be configured to perform a check on the adequacy of the signals detected by the appropriate sensors/electrodes, such as by measuring the amount of contact pressure for each of a first and a second sensor, and the user interface may provide additional instructions to achieve proper positioning and contact between the sensors/electrodes and the user (see: Messerschmidt, Fig. 3-4; and paragraph 45-47).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the system and devices taught by Aoun to be configured such that, in response to an indication that one or more of the sensors/electrodes is not detecting physiological parameters or the detected signals are incorrect or improper, such as by being out of range, a check can be performed on the adequacy of the signals detected by the appropriate sensors/electrodes, such as by measuring the amount of contact pressure for each of a first and a second sensor, and the user interface may provide additional instructions to achieve proper positioning and contact between the sensors/electrodes and the user, as taught by Messerschmidt, with the motivation of aiding in proper positioning of the sensors to a particular portion of the user's body in order to obtain an accurate blood pressure measurement (see: Messerschmidt, paragraph 45).
Claim 18:Aoun in view of Messerschmidt discloses the system as for claim 17 above, and Aoun further discloses wherein the database is included in the electronic medical records system ([25 “one or more computing components associated with the medical system 120 can include, for example and without limitation, one or more servers, databases, storage systems, virtual machines, software containers, datacenters, data stores, computing resources, serverless functions, cloud infrastructure, computing devices, and/or any other computing resources and/or electronic devices,”]).
Claim 19:Aoun in view of Messerschmidt discloses the systems as for claim 17 and Aoun further discloses wherein the set of local computer readable instructions are adapted to append the initial patient history by associating information taken from the group consisting of the first patient medical information, the first medical device information, the second patient medical information, the second medical device information, date, time, location, and any combination thereof, with the initial patient history ([41 “the collaborative smart screen 102 can send and/or receive data to/from the medical system 120 and devices 104-116 at the medical care site 100. In some cases, the collaborative smart screen 102 can also send and/or receive data to/from one or more of the devices 132-140 at the one or more offsite locations,” 42, 43 “the provider performs a test or measurement using one or more of the devices 104-116 at the medical care site 100, the collaborative smart screen 102 can dynamically collect (e.g., via push and/or pull) and display data from the test or measurement. The collaborative smart screen 102 can collect the data from the one or more of the devices 104-116 and display such data while the patient and provider address/discuss the medical condition associated with the test or measurement,”]).
Claim 20:Aoun in view of Sampath and Himley discloses the system as for claim 19 above and Aoun further discloses wherein the set of local computer readable instructions are adapted to transmit a health message to a health care provider according to the first patient medical information being outside a first acceptable range ([41 “collaborative smart screen 102 can send and/or receive data to/from the medical system 120 and devices 104-116 at the medical care site 100. In some cases, the collaborative smart screen 102 can also send and/or receive data to/from one or more of the devices 132-140 at the one or more offsite locations 130. For example, as further described herein, the collaborative smart screen 102 can collect data from the medical system 120 and/or any of the devices 104-116 at the medical care site 100. The collaborative smart screen 102 can use the collected data to present relevant medical and/or patient information on the collaborative smart screen 102 during a patient consultation at the medical care site,” 46 “collaborative smart screen 102 can thus recognize, transcribe, and display speech and conversations during a patient consultation. In some cases, the collaborative smart screen 102 can also generate speech audio (e.g., via text-to-speech) to output audio instructions, suggestions, messages, notifications, and/or other utterances,”]).
Response to Arguments
Applicant’s arguments from the response filed on 06/04/2026 have been fully considered and will be addressed below in the order in which they appeared.
In the remarks, Applicant argues in substance that (1) the 35 U.S.C. 101 rejections should be withdrawn because “Claim 1 recites "display a correlation information according to a comparison of the first patient medical information and the second patient medical information." This limitation, when considered in light of the specification, represents a concrete technological solution that correlates data from multiple medical devices to identify potential measurement inaccuracies caused by patient motion or other factors. As described in the specification, "[t]he system can also correlate one reading with another. For example, if the SpO2 is low and the pulse rate rises during the reading, one possible indication is that the patient is in motion which could negatively affect the accuracy of the SpO2 reading. The system can instruct the patient to remain still and request that the SpO2 be read again." As-Filed Specification, paragraph [0054]. This demonstrates that claim 1 recites a specific technical improvement in medical data collection through inter-device correlation that automatically detects inconsistent readings...Additionally, the specification discloses that "[t]he computer system can also correlate reading from different medical devices to determine if there is an explanation for a value that is out of an acceptable range." As-Filed Specification, paragraph [0059]. This correlation functionality provides a specific technical solution that improves the accuracy and reliability of medical data collection. The claimed limitations integrate any alleged abstract idea into a practical application because they provide a specific technological improvement in medical data collection. The inter-device correlation functionality recited in claim 1 automatically detects when readings from one medical device may be affected by conditions detectable through another medical device, and the system dynamically adjusts its data capture protocols in response. As described in the specification, "[w]hen the medical device provides information to the computer system, the computer system can determine several inputs and outputs such as medical device dependent user instructions, protocols for receiving information from the medical device, and the like. Therefore, the computer system does not relay upon a single type of medical device or system." As-Filed Specification, paragraph [0018]. The claimed system provides device-specific protocols and instructions, representing a technical improvement in medical device interoperability. The specification also explains that "[t]he blood pressure device can detect either once or over time a rise in the blood pressure. The scale can, over the same period of time, determine that there is an increase in weight. As increase in weight can be a factor of an increase in blood pressure, the computer systems ability to match these vital signs with date, time, and location can assist the medical professional in rendering health care services." As-Filed Specification, paragraph [0067]. This demonstrates that the claimed correlation functionality provides a concrete technological improvement in medical data analysis.”
The Examiner respectfully disagrees. Applicant’s arguments are not persuasive.
The argued correlation of data may contribute to solving a particular problem, but the problem is not a technological problem as characterized in the arguments because the functions argued are representative of the abstract idea. Perhaps an “improvement in medical data collection” that “improves the accuracy and reliability of medical data collection” is provided by the claims as argued, but automatically detecting inconsistent or out of range readings is not a “specific technical” improvement/solution as argued. The argued limitations are more similar to that of the ineligible organizing and manipulating information through mathematical correlations (Digitech), or collecting information, analyzing it, and displaying certain results of the collection and analysis (Electric Power Group) than they are to, say, the argued Diamond v. Diehr. In Diehr, the claims were directed toward a rubber-molding press for precision molded compounds with the aid of a digital computer and resulted in the opening of a press automatically when the computer comparison indicated equivalence. The present claims provide nothing comparable.
It is argued that the “claimed system provides device-specific protocols and instructions, representing a technical improvement in medical device interoperability” and an “improvement in medical data analysis”, but a claim to following rules or instructions, and moreover abstract analysis (see Electric Power Group), is not a technical improvement because such protocols and instructions are considered the management of what is otherwise certain methods of organizing human activity.
The claims here are not directed to a specific improvement to computer functionality that amount to a practical application. Rather, they are directed to the use of conventional or generic technology in a well-known environment, without any claim that the invention reflects an inventive solution to a technical problem presented by combining the two. In the present case, the claims fail to recite any elements that individually or as an ordered combination transform the identified abstract idea(s) in the rejection into a patent-eligible application of that idea.
In the remarks, Applicant argues in substance that (2) the 35 U.S.C. 102/103 rejections should be withdrawn in view of the amendments.
Applicant’s arguments 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 – see application of prior art Himley and Messerschmidt.
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.
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/ROBERT A SOREY/ Primary Examiner, Art Unit 3682
