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 .
DETAILED ACTION
This is the first action on the merits. Claims 1-20 are currently pending.
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.
Claims 1 and 12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites a system and a method for managing and monetizing oral health data, which are within a statutory category.
Regarding claims 1 and 12, the limitation of (claim 1 being representative) enroll one or more subscribers in a dental plan; receive oral health data of the one or more subscribers associated with one or more dental activities; analyze the oral health data to generate a custom dental health score, thereby determining schedule for one or more hygiene appointments to maintain oral health based on the custom dental health score; obtain clinical-grade data of the one or more subscribers during the one or more hygiene appointments; enable the one or more subscribers to upload the clinical-grade data to a marketplace; enable the one or more subscribers to combine the oral health data with financial credit scores to enhance a market value on the marketplace; enable the one or more subscribers to monetize and aggregate the oral health data into collective pools for group negotiations with one or more third-party service providers to secure desired pricing or dental plans, either individually or as a group; issue one or more tokens to the one or more subscribers upon performing at least one activity that comprises at least one of sharing the custom dental health score, and regularly attending the one or more hygiene appointments; and store the collected oral health data, the clinical-grade data, and the custom dental health score of the one or more subscribers that are accessible as drafted, is a process that, under the broadest reasonable interpretation, covers a method organizing human activity but for the recitation of generic computer components. That is other than reciting (in claim 1) a blockchain based platform, a computing device, a processor, a memory, a server and a network and a method (in claim 12), the claimed invention amounts to managing personal behavior or interaction between people (i.e., rules or instructions). For example, but for the blockchain based platform, the computing device, the processor, the memory, the server and the network, the claims encompass enroll one or more subscribers in a dental plan, receive oral health data, analyze the oral health data to generate a custom dental health score, determining schedule for one or more hygiene appointments, obtain clinical-grade data, enable the one or more subscribers to upload the clinical-grade data, enable the one or more subscribers to combine the oral health data with financial credit scores, enable the one or more subscribers to monetize and aggregate the oral health data into collective pools, issue one or more tokens to the one or more subscribers and store the collected oral health data, the clinical-grade data, and the custom dental health score in the manner described in the identified abstract idea, supra. The Examiner notes that certain “method[s] of organizing human activity” includes a person’s interaction with a computer (see MPEP 2106.04(a)(2)(II)). If a claim limitation, under its broadest reasonable interpretation, covers managing personal behavior or interactions between people, but for the recitation of generic computer components, then it falls within the “Certain Methods of Organizing Human Activity – Managing Personal Behavior Relationships, Interactions Between People (e.g. social activities, teaching, following rules or instructions)” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, claim 1 recites the additional elements of a blockchain based platform, a computing device, a processor, a memory, a server and a network. Claim 12 is not tied to any particular technological environment that implements the identified abstract idea. These additional elements are not exclusively defined by the applicant and are recited at a high-level of generality (i.e., a generic server or generic computer component for enabling access to medical information or for performing generic computer functions. See Spec. at para. [0032] and [0033] that teach this additional elements as being generic.) such that they amounts to no more than mere instructions to apply the exception using a generic computer component. As set forth in MPEP 2106.04(d) “merely including instructions to implement an abstract idea on a computer” is an example of when an abstract idea has not been integrated into a practical application. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Claim 1 further recites the additional elements of a subscription management module, a data collection module, an artificial intelligence (AI) module, a clinical data collection module, a marketplace module, a reward module, a database and a subscriber-controlled digital wallet. Claim 12 further recite the additional elements of a data collection module, an artificial intelligence (AI) module, a marketplace module, a reward module, one or more database and a subscriber-controlled digital wallet. These additional element are recited at a high level of generality (i.e. a general means to obtain/enroll/enable/analyze/store/receive/access/transmit data) and amount to extra solution activity (or alternatively generally linking the abstract idea to a practical technological environment). MPEP 2106.04(d)(I) indicates that generally linking an abstract idea to a particular technological environment or field of use cannot provide a practical application. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application.
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 into a practical application, the additional elements of the blockchain based platform, the computing device, the processor, the memory, the server and the network to perform the noted steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept (“significantly more”). Moreover, using generic computer components to perform abstract ideas does not provide a necessary inventive concept. See Alice, 573 U.S. at 223 (“mere recitation of a generic computer cannot transform a patent-ineligible abstract idea into a patent-eligible invention”). Therefore, whether considered alone or in combination, these additional elements do not amount to significantly more than the abstract idea.
Also as discussed with respect to integration of the abstract idea into a practical application, the additional elements of the subscription management module, the data collection module, the artificial intelligence (AI) module, the clinical data collection module, the marketplace module, the reward module, the one or more database and the subscriber-controlled digital wallet were considered extra-solution activity (or alternatively generally linking the abstract idea to a practical technological environment). This has been re-evaluated under “significantly more” analysis and determined to be well-understood, routine and conventional in the field of healthcare. MPEP 2016.05(d)(II) indicates that receiving and/or transmitting data over a network has been held by the courts to be well-understood, routine, conventional activity (citing Symantec, TLI Communications, OIP Techs., and buySAFE). Well-understood, routine and conventional activity cannot provide an inventive concept (“significantly more”). As such the claim is not patent eligible.
The examiner notes that: A well-known, general-purpose computer has been determined by the courts to be a well-understood, routine and conventional element (see, e.g., Alice Corp. v. CLS Bank; see also MPEP 2106.05(d)); and Performing repetitive calculations is/are also well-understood, routine and conventional computer functions when they are claimed in a merely generic manner (see, e.g., Parker v. Flook; MPEP 2016.05(d)).
Claims 2-11 and 13-20 are similarly rejected because they either further define/narrow the abstract idea and/or do not further limit the claim to a practical application or provide as inventive concept such that the claims are subject matter eligible even when considered individually or as an ordered combination. Claim(s) 2 and 13 further merely describe(s) the data collection module. Claim(s) 2 and 13 also include the additional element of “one or more dental devices that include at least one of a smart” which is interpreted the same as the data collection module and does not provide practical application nor significantly more. Claim(s) 3 and 14 further merely describe(s) the oral health data. Claim(s) 4 and 15 further merely describe(s) the clinical-grade data. Claim(s) 5 and 16 further merely describe(s) the one or more databases. Claim(s) 5 and 16 also include the additional element of “a blockchain-enabled database” which is interpreted the same as the one or more databases and does not provide practical application nor significantly more. Claim(s) 6 further merely describe(s) the reward module. Claim(s) 7 and 17 further merely describe(s) the AI module. Claim(s) 8 further merely describe(s) the server. Claim(s) 9 and 18 further merely describe(s) the marketplace module. Claim(s) 10 and 19 further merely describe(s) the one or more tokens. Claim(s) 11 and 20 further merely describe(s) the subscriber-controlled digital wallet. Claim(s) 11 and 20 also include the additional element of “a visualization dashboard” which is recited at a high level of generality (i.e., as a general means of display data) and amounts to the mere display of data, which is a form of extra-solution activity. MPEP 2106.04(d)(I) indicates that extra-solution data gathering activity cannot provide a practical application. MPEP 2106.05(A) indicates that extra-solution data gathering activity cannot provide significantly more. Claims 2-11 and 13-20 further define the abstract idea and are rejected for the same reason presented above with respect to claims 1 and 12.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Tran (US 2017/0232300), in view of Hwang (US 2009/0130636), in view of Li (US 2024/0324868) and in further view of Golay (US 2022/0285026).
REGARDING CLAIM 1
Tran discloses A system for managing and monetizing oral health data on a blockchain-based platform, comprising: a computing device having a processor and a memory for storing one or more instructions executable by the processor, wherein the computing device is in communication with a server via a network, wherein the processor is configured to: enroll one or more subscribers in a health plan through a subscription management module (Tran at [0039] teaches storing health data and [0145] teaches service providers utilizing blockchain systems. [0284] teaches identifying Patient A as belonging to a particular plan and that the system (interpreted by examiner as the subscription management module) can recommend the patient be enrolled in a weight loss program after noticing that the patient was treated for sedentary lifestyle, had history of hypertension, and the family history indicates a potential heart problem. The smart contracts in the blockchain automatically updates Patient A's care plan (interpreted by examiner as means to enroll one or more subscribers in a health plan, where Hwang and Li teach dental/oral health)); enable the one or more subscribers to combine the oral health data with financial credit scores through the marketplace module to enhance a market value on the marketplace (Tran at [0284] teaches the system connects blockchain with different EHR systems at each point of care setting and identifying Patient A as belonging to a particular plan. The blockchain adds a recommendation to put Patient A by looking at the complete history of treatments by all providers and optimizes treat. The blockchain data can be used for predictive analytics, allowing patients to learn from their family histories, past care and conditions to better prepare for healthcare needs in the future. Machine learning and data analysis layers can be added to repositories of healthcare data to enable a true “learning health system” can support an additional analytics layer for disease surveillance and epidemiological monitoring, physician alerts if patients repeatedly fill and abuse prescription access. [0883] teaches a predictive credit model may be created to determine the credit worthiness of the borrowers based on the data extracted and [0076] teaches teeth data (interpreted by examiner as enable the one or more subscribers to combine the oral health data with financial credit scores through the marketplace module to enhance a market value on the marketplace)); enable, by the marketplace module, the one or more subscribers to monetize and aggregate the oral health data into collective pools for group negotiations with one or more third-party service providers to secure desired pricing or dental plans, either individually or as a group (Tran at [0715] teaches allowing the user to have more control over the cost of insurance. In an embodiment, vertical market specialization for insurance is provided where markets are defined based on granular aspects of coverage and presented to one or more insurance subsystems to obtain quotes for a coverage premium. Such specialization allows insurance companies (interpreted by examiner as one or more third-party service providers) to compete in more specific areas of insurance coverage, which allows for more accurate premium rates focused on the specific areas or one or more related scenarios. [0782] teaches in another example, a blockchain network where cryptocurrency is exchanged provides a convenient billing layer and paves the way for a marketplace of services between devices, [0033] teaches the device can negotiate and enforce agreements with others blockchain smart contracts and [0039] teaches wearable devices for public health monitoring (interpreted by examiner as enable, by the marketplace module, the one or more subscribers to monetize and aggregate the oral health data into collective pools for group negotiations with one or more third-party service providers to secure desired pricing or dental plans, either individually or as a group)); issue, by a reward module, one or more tokens to the one or more subscribers upon performing at least one activity that comprises at least one of sharing the custom dental health score, and regularly attending the one or more hygiene appointments (Tran at [0287] teaches behavioral contracts (interpreted by examiner as reward module) to trigger rewards (interpreted by examiner as one or more tokens to the one or more subscribers) for attending support groups, regularly engaging a telehealth professional, reporting health conditions (possibly at kiosks with bitcoin point-of-care devices), and meeting agreed upon health goals (interpreted by examiner as at least one activity that comprises at least one of sharing the custom dental health score, and regularly attending the one or more hygiene appointments));
Tran does not explicitly disclose, however Hwang discloses:
receive oral health data of the one or more subscribers associated with one or more dental activities through a data collection module (Hwang at [0025] teaches receiving tooth brushing pattern data (interpreted by examiner as the received oral health data) generated when a user (interpreted by examiner as the one or more subscribers) uses a tooth brushing correction toothbrush (interpreted by examiner as the data collection module));
analyze the oral health data to generate a custom dental health score, thereby determining schedule for one or more hygiene appointments to maintain oral health based on the custom dental health score (Hwang at [0053] teaches an evaluated score acquired from a tooth brushing pattern analysis/correction toothbrush included in the user's system and [0056] teaches client’s evaluation score (interpreted by examiner as analyze the oral health data to generate a custom dental health score) [0018] teaches a system for managing oral health in which a dental appointment may be made when a dental treatment is needed, according to a user's tooth brushing habits (interpreted by examiner as determining schedule for one or more hygiene appointments to maintain oral health based on the custom dental health score)); and store the collected oral health data and the custom dental health score of the one or more subscribers in one or more databases that are accessible through a subscriber-controlled digital wallet (Hwang at [0017] teaches a user's tooth brushing habits and the user's state of dental health may be transferred to an oral health center connected to the user's system online so that remote consulting for oral health may be made. [0024] teaches user information includes clinical history and dental treatment status and [0025] teaches the received tooth brushing pattern data is recorded in a tooth brushing pattern database. [0053] further teaches database stores toothbrushing data and evaluated score acquired from a tooth brushing pattern analysis/correction toothbrush included in the user's system (interpreted by examiner as storing the collected oral health data, the clinical-grade data, and the custom dental health score of the one or more subscribers)).
It would have been obvious for one of the ordinary skill in the art before the effective filling date of the claimed invention to have modified the health and blockchain based platform of Tran to incorporate receiving, analyzing and storing oral health data as taught by Hwang, with the motivation of monitoring a user's lifelong state of dental health by making a database for analyzed results of the user's (daily) tooth brushing habits and enhancing a user's adaptability in order that the user may acknowledge how important correct tooth brushing habits are by providing data showing in real-time bad effects of bad tooth brushing habits. (Hwang at [0015]-[0016]).
Tran and Hwang do not explicitly disclose, however Li discloses:
obtain clinical-grade data of the one or more subscribers during the one or more hygiene appointments through a clinical data collection module (Li at [0020] teaches intraoral cameras (interpreted by examiner as the clinical data collection module) to capture color images and/or video of the oral cavity of the user (interpreted by examiner as obtain clinical-grade data of the one or more subscribers during the one or more hygiene appointments), the oral diagnostic device may detect and/or determine conditions of the oral cavity, such as gingivitis, based on the captured images and/or video and used diagnose oral tissue health and hygiene); enable the one or more subscribers to upload the clinical-grade data to a marketplace through a marketplace module (Li at [0057] teaches information relating to the oral care condition may be provided to an online marketplace (interpreted by examiner as enable the one or more subscribers to upload the clinical-grade data to a marketplace through a marketplace module)); and store the clinical-grade data ([0037] teaches the images and associated indications of the presence and/or degrees of oral care conditions may be stored on a database (interpreted by examiner as the database of Hwang))
It would have been obvious for one of the ordinary skill in the art before the effective filling date of the claimed invention to have modified the health and blockchain based platform of Tran and the methods for receiving, analyzing and storing oral health data of Hwang to incorporate obtaining, uploading and storing clinical-grade data as taught by Li, with the motivation of improving consumers long-term health care. (Li at [0002]).
Tran, Hwang and Li do not explicitly disclose, however Golay discloses:
generate dental health score through an artificial intelligence (AI) module (Golay at [0021] teaches the neural network system produces a score, or a graded classification, of a patient's medical condition that is accompanied with a diagnosis interpretation, [0031] teaches an artificial intelligence algorithm, [0035] teaches artificial intelligence algorithms are employed in order to create an artificial neural network which enables the server to perform the orthodontic diagnosis, treatment planning and prognostication steps and [0079] teaches a cumulative oral health risk score (interpreted by examiner as the health score, of Hwang, through an artificial intelligence (AI) module))
It would have been obvious for one of the ordinary skill in the art before the effective filling date of the claimed invention to have modified the health and blockchain based platform of Tran, the methods for receiving, analyzing and storing oral health data of Hwang and the method for obtaining, uploading and storing clinical-grade data of Li to incorporate calculating a dental health score using artificial intelligence as taught by Golay, with the motivation of assisting the physician in making a diagnosis of the patient's condition and can further provide a “second opinion” that may either confirm the physician's findings or point to ambiguities that call for a more detailed analysis. (Golay at [0021]).
REGARDING CLAIM 2
Tran, Hwang, Li and Golay disclose the limitation of claim 1.
Tran, Li and Golay do not explicitly disclose wherein the data collection module comprises one or more dental devices that include at least one of a smart toothbrush attachment, a saliva testing kit, and a plaque scoring unit, however Hwang further discloses:
The system for managing and monetizing the oral health data of claim 1, wherein the data collection module comprises one or more dental devices that include at least one of a smart toothbrush attachment, a saliva testing kit, and a plaque scoring unit (Hwang at [0025] teaches a tooth brushing correction toothbrush (interpreted by examiner as the data collection module)).
It would have been obvious for one of the ordinary skill in the art before the effective filling date of the claimed invention to have modified the health and blockchain based platform of Tran, the method for obtaining, uploading and storing clinical-grade data of Li and calculating a dental health score using artificial intelligence of Golay to incorporate the data collection module as taught by Hwang, with the motivation of monitoring a user's lifelong state of dental health by making a database for analyzed results of the user's (daily) tooth brushing habits and enhancing a user's adaptability in order that the user may acknowledge how important correct tooth brushing habits are by providing data showing in real-time bad effects of bad tooth brushing habits. (Hwang at [0015]-[0016]).
REGARDING CLAIM 3
Tran, Hwang, Li and Golay disclose the limitation of claim 1.
Tran, Li and Golay do not explicitly disclose wherein the oral health data comprises brushing data, saliva data, and plaque scoring data, however Hwang further discloses:
The system for managing and monetizing the oral health data of claim 1, wherein the oral health data comprises brushing data, saliva data, and plaque scoring data (Hwang at Hwang at [0025] teaches receiving tooth brushing pattern data (interpreted by examiner as oral health data comprises brushing data)).
It would have been obvious for one of the ordinary skill in the art before the effective filling date of the claimed invention to have modified the health and blockchain based platform of Tran, the method for obtaining, uploading and storing clinical-grade data of Li and calculating a dental health score using artificial intelligence of Golay to incorporate brushing data as taught by Hwang, with the motivation of monitoring a user's lifelong state of dental health by making a database for analyzed results of the user's (daily) tooth brushing habits and enhancing a user's adaptability in order that the user may acknowledge how important correct tooth brushing habits are by providing data showing in real-time bad effects of bad tooth brushing habits. (Hwang at [0015]-[0016]).
REGARDING CLAIM 4
Tran, Hwang, Li and Golay disclose the limitation of claim 1.
Tran, Hwang and Golay do not explicitly disclose the clinical-grade data comprises at least one of intraoral radiographs, cone beam computed tomography (CBCT) scans, and three-dimensional (3D) intraoral scans, that is collected during the one or more hygiene appointments, however Li further discloses:
The system for managing and monetizing the oral health data of claim 1, wherein the clinical-grade data comprises at least one of intraoral radiographs, cone beam computed tomography (CBCT) scans, and three-dimensional (3D) intraoral scans, that is collected during the one or more hygiene appointments (Li at [0020] teaches intraoral cameras to capture color images and/or video of the oral cavity of the user (interpreted by examiner as the clinical-grade data comprises at least one of intraoral radiographs)).
It would have been obvious for one of the ordinary skill in the art before the effective filling date of the claimed invention to have modified the health and blockchain based platform of Tran, the methods for receiving, analyzing and storing oral health data of Hwang and calculating a dental health score using artificial intelligence of Golay to incorporate the clinical-grade data as taught by Li, with the motivation of improving consumers long-term health care. (Li at [0002]).
REGARDING CLAIM 5
Tran, Hwang, Li and Golay disclose the limitation of claim 1.
Tran further discloses:
The system for managing and monetizing the oral health data of claim 1, wherein the one or more databases comprise at least one blockchain-enabled database (Tran at [0125] teaches a blockchain (in its purest form) can act as a unified database that's accessible (on a read and write basis) by everyone (interpreted by examiner as one or more databases comprise at least one blockchain-enabled database)).
REGARDING CLAIM 6
Tran, Hwang, Li and Golay disclose the limitation of claim 1.
Tran further discloses:
The system for managing and monetizing the oral health data of claim 1, wherein the reward module is configured to: generate new tokens based on compliance with the dental plan, and enable trading of the one or more tokens on a cryptocurrency exchange, providing liquidity to the one or more subscribers (Tran at [0287] teaches behavioral contracts to trigger rewards for attending support groups, regularly engaging a telehealth professional, reporting health conditions, and meeting agreed upon health goals. A smart contract would trigger a reward payment (or loss) when goals are met near real-time to the patient's public bitcoin address which in turn can be tendered at local participating outlets equipped with point-of-contact devices and [0760] teaches trading using the smart contact and the system and [0782] teaches a blockchain network where cryptocurrency is exchanged provides a convenient billing layer and paves the way for a marketplace of services between devices (interpreted by examiner as generate new tokens based on compliance with the dental plan, and enable trading of the one or more tokens on a cryptocurrency exchange, providing liquidity to the one or more subscribers)).
REGARDING CLAIM 7
Tran, Hwang, Li and Golay disclose the limitation of claim 1.
Tran, Hwang and Li do not explicitly disclose wherein the AI module is configured to provide recommendations for personalized oral hygiene products based on the custom dental health score, however Golay further discloses:
The system for managing and monetizing the oral health data of claim 1, wherein the AI module is configured to provide recommendations for personalized oral hygiene products based on the custom dental health score (Golay [0004] teaches determining an orthodontic diagnostic analysis of a patient at various dental maturity stages with predictions of future conditions and/or treatment recommendations that may use an oral appliance (interpreted by examiner as the recommendations for personalized oral hygiene products based on the custom dental health score). [0082] teaches the method also includes the steps of predicting orthodontic conditions of the patient based upon the measurements and the information in the database and recommending treatments to the patient based upon the predicted dental conditions. The central processing unit provides predictions based on the existing and current imaging data and the information in the database. The central processing unit also provides recommendations based on the existing and current imaging data and the information in the database.).
It would have been obvious for one of the ordinary skill in the art before the effective filling date of the claimed invention to have modified the health and blockchain based platform of Tran, the methods for receiving, analyzing and storing oral health data of Hwang and the method for obtaining, uploading and storing clinical-grade data of Li to incorporate providing recommendations for personalized oral hygiene products as taught by Golay, with the motivation of assisting the physician in making a diagnosis of the patient's condition and can further provide a “second opinion” that may either confirm the physician's findings or point to ambiguities that call for a more detailed analysis. (Golay at [0021]).
REGARDING CLAIM 8
Tran, Hwang, Li and Golay disclose the limitation of claim 1.
Tran further discloses:
The system for managing and monetizing the oral health data of claim 1, wherein the server is configured to execute gamified compliance programs, awarding the one or more tokens to the one or more subscribers for maintaining healthy dental metrics (Tran at [0085] teaches the system can use gaming to help sport enthusiasts improve dental care or maintain teeth hygiene. The user may score points depending on his ability to choose the right tools to treat a particular condition or in avoiding a condition from developing.).
REGARDING CLAIM 9
Tran, Hwang, Li and Golay disclose the limitation of claim 1.
Tran further discloses:
The system for managing and monetizing the oral health data of claim 1, wherein the marketplace module is configured enable the one or more subscribers to select at least one of specific buyers and industries for monetizing the collected oral health data, and the clinical-grade data (Tran at [0286] teaches easily joining health blockchains as either buyer or seller of tokens or payments to gain access to patient data, utilizing a variety of open access methods and smart contracts that store and monitor real-time contractual conditions agreed to by and between various stakeholders (interpreted by examiner as means for one or more subscribers to select at least one of specific buyers and industries for monetizing the collected oral health data, and the clinical-grade data)).
REGARDING CLAIM 10
Tran, Hwang, Li and Golay disclose the limitation of claim 1.
Tran further discloses:
The system for managing and monetizing the oral health data of claim 1, wherein the one or more tokens are configured to be used for discounts on dental care and related products within the blockchain-based platform (Tran at [0121] teaches one or more Blockchain tokens in a virtual wallet for purchasing an asset at a purchase price and [0938] teaches a discount or coupon that allows the borrower to purchase the item at a reduced price (interpreted by examiner as wherein the one or more tokens are configured to be used for discounts on dental care and related products within the blockchain-based platform)).
REGARDING CLAIM 11
Tran, Hwang, Li and Golay disclose the limitation of claim 1.
Tran, Hwang and Li do not explicitly disclose wherein the subscriber-controlled digital wallet is configured to integrate a visualization dashboard that displays a subscriber's oral health progress and compliance history, however Golay further discloses:
The system for managing and monetizing the oral health data of claim 1, wherein the subscriber-controlled digital wallet is configured to integrate a visualization dashboard that displays a subscriber's oral health progress and compliance history (Golay at [0050] teaches a real-time or near real-time view of patient progress and care throughout the hospital stay, including clinician notes and a dashboard user interface that presents data to the users in a clear and easy-to-understand manner (interpreted by examiner as means to integrate a visualization dashboard that displays a subscriber's oral health progress and compliance history)).
It would have been obvious for one of the ordinary skill in the art before the effective filling date of the claimed invention to have modified the health and blockchain based platform of Tran, the methods for receiving, analyzing and storing oral health data of Hwang and the method for obtaining, uploading and storing clinical-grade data of Li to incorporate integrating a visualization dashboard that displays a subscriber's oral health progress and compliance history as taught by Golay, with the motivation of increasing the teams' ability to apply focused interventions as early as possible and follow or change those pathways as needed throughout a patient's hospital stay, increasing quality and safety of care, decreasing unplanned readmissions and adverse events, and improving patient outcomes. (Golay at [0050]).
REGARDING CLAIMS 12-20
Claims 12-20 are analogous to Claims 1-11 thus Claims 12-20 are similarly analyzed and rejected in a manner consistent with the rejection of Claims 1-11.
Conclusion
The prior art made of record though not relied upon in the present basis of rejection are noted in the attached PTO 892 and include:
Mansour (US 2013/0080189) teaches intelligent token for automated health care information systems. Jain (US 2023/0395213) teaches recurring remote monitoring with real-time exchange to analyze health data and generate action plans.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIZA TONY KANAAN whose telephone number is (571)272-4664. The examiner can normally be reached on Mon-Thu 9:00am-6:00pm ET.
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/L.T.K./Examiner, Art Unit 3683
/ROBERT W MORGAN/Supervisory Patent Examiner, Art Unit 3683