DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice to Applicant
Receipt of Applicant’s Claims filed July 27, 2026 is acknowledged.
Response to Amendment
Claims 1-8, 14, 17 and 19-20 have been amended. Claims 9-13, 15-16, and 18 have not been modified. Claims 1-20 are pending and are provided to be examined upon their merits.
Response to Arguments
Applicant’s arguments with respect to Remarks filed on July 27, 2026 have been considered but are not fully persuasive. Response has been provided below.
Applicant argues Claim Interpretation, starting pg. 7 of Remarks:
Examiner withdraws the claim interpretation as [0091] provides sufficient support for a server system (“The system implements a mobile application layer through DPTTS Mobile App 601, which connects to cloud infrastructure (AWS, Azure, or similar platforms) through multiple secure communication channels. The implementation utilizes SocketIO Communication protocols to enable real-time bidirectional updates between the application and server components.”). Examiner interprets the various software components executed on AWS or Azure’s servers to encompass the bidirectional updates.
Applicant argues 35 U.S.C. §101 Rejection, starting pg. 7 of Remarks:
Regarding Step 2A, Prongs One and Two, Applicant argues that the amended claim limitations are directed to a specific improvement in the computer technology that first responders use by providing “a real world tool that is particularly useful for both emergency first responders and patients” that exists to “overcome the technological problem of tracking, prioritizing, and monitoring persons… over a network in large scale emergency medical situations.” Examiner respectfully disagrees.
Although the Applicants describe the problem as being technical in nature, the problem of tracking, prioritizing, and monitoring persons is the abstract idea represented by the claims. No specific, technical improvements are made to the underlying technology itself. Rather, the technology of augmented reality is merely applied to perform an improvement to the abstract idea of “tracking, prioritizing, and monitoring persons” as well as “enhancing awareness and response capabilities”. Examiner notes that an improvement to the abstract idea does not amount to an improvement to technology or a technical field (see MPEP § 2106.05(a)(III) stating “it is important to keep in mind that an improvement in the abstract idea itself (e.g. a recited fundamental economic concept) is not an improvement in technology. For example, in Trading Technologies Int’l v. IBG, 921 F.3d 1084, 1093-94, 2019 USPQ2d 138290 (Fed. Cir. 2019), the court determined that the claimed user interface simply provided a trader with more information to facilitate market trades, which improved the business process of market trading but did not improve computers or technology.”).
Examiner notes that if any specific, technical improvements to the technology of augmented reality itself are recited by Applicant specification, that may be a consideration under the 101 rejection.
Thus, Examiner maintains the claims are abstract under Step 2A, Prong One and do not integrate into a practical application under Step 2A, Prong Two.
Under Step 2B, Applicant argues that the Examiner has not made factual showing that the combination of a server-generated virtual incident environment, tracking of representations, an augmented operational environment, and, thus, the ordered combination is not conventional.
Examiner notes that the virtual incident environment and tracking of first-responder representations were previously noted to be considered part of the abstract idea, copied below for Applicant convenience.
“Regarding the virtual map (model of an emergency environment, two-dimensional or three-dimensional model, virtual avatars), Examiner notes that the virtual aspect is considered the additional element, as it indicates that the processor is generating any relevant maps, models, and avatars of the environment. However, the map itself is considered part of the abstract idea as it is simply a representation of the physical environment that aids in the monitoring of people ([0043] recites: “These avatar configurations can be managed through incident commander 114a or individually modified via DPTTS widget 103, enabling clear visual identification, and tracking of response personnel throughout the incident space.”). Thus, virtual maps, models, and avatars are considered to be performance of the abstract idea of generating representations of physical environments and people for the purpose of monitoring the interactions of people applied by a processor. Please see MPEP 2106.05(f), which recites “Another consideration when determining whether a claim integrates a judicial exception into a practical application in Step 2A Prong Two or recites significantly more than a judicial exception in Step 2B is whether the additional elements amount to more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer. As explained by the Supreme Court, in order to make a claim directed to a judicial exception patent-eligible, the additional element or combination of elements must do "‘more than simply stat[e] the [judicial exception] while adding the words ‘apply it’". Alice Corp. v. CLS Bank, 573 U.S. 208, 221, 110 USPQ2d 1976, 1982-83 (2014) (quoting Mayo Collaborative Servs. V. Prometheus Labs., Inc., 566 U.S. 66, 72, 101 USPQ2d 1961, 1965).””
Regarding the augmented operational environment, this claim limitation is newly introduced and the Examiner could not have provided evidence for a newly introduced additional element. Thus, Examiner provides evidence to demonstrate that augmented operational environments comprising digital overlays is known within the art:
Zhou; Feng, Trends in Augmented Reality Tracking, Interaction and Display: A Review of Ten Years of ISMAR, 3 Oct 2008, IEEE, 2008 7th IEEE/ACM International Symposium on Mixed and Augmented Reality: pg. 193, “Although Augmented Reality technology was first developed over forty years ago, there has been little survey work giving an overview of recent research in the field. This paper reviews the ten year development of the work presented at the ISMAR conference and its predecessors with a particular focus on tracking, interaction and display research.” Pg. 193, “Augmented Reality (AR) is a technology which allows computer generated virtual imagery to exactly overlay physical objects in real time. Unlike virtual reality (VR), where the user is completely immersed in a virtual environment, AR allows the user to interact with the virtual images using real objects in a seamless way.”
Syed; Toqeer Ali, In-Depth Review of Augmented Reality: Tracking Technologies, Development Tools, AR Displays, Collaborative AR, and Security Concerns, 23 Dec 2022, Sensors, 23(1), 146: pg. 1, “Augmented reality (AR) has gained enormous popularity and acceptance in the past few years.” Pg. 1, “Augmented reality (AR) is one of the leading expanding immersive experiences of the 21st century. AR has brought a revolution in different realms including health and medicine, teaching and learning, tourism, designing, manufacturing, and other similar industries whose acceptance accelerated the growth of AR in an unprecedented manner.” Pg. 3, “Interested investigators can choose their required area of research in AR. As can be seen in the diagram, most research has been done in the area of tracking technologies. This is further divided into different types of tracking solutions including fiducial tracking, video-based tracking, and inertial tracking. Some papers lie in several categories for, example some papers such as [18,19,20] fall in both the fiducial tracking and sensor categories. Similarly, computer vision and display devices have some common papers, and inertial tracking and video-based tracking also have some papers in common. In addition, display devices share common papers with computer vision, mobile AR, design guidelines, tool-kits, evaluation, AR tags, and security and privacy of AR.” Pg. 18, “However, this display directly overlays the virtual scene image over the physical object. ”
Applicant argues 35 U.S.C. §102 Rejection, starting pg. 9 of Remarks:
With respect to claims 1-3, 6, 8-10, 12, and 14, Applicant argues the claim amendments overcome the prior 102 rejections as Malaviya does not disclose (1) augmented reality, (2) avatar tracking functionality, or (3) a biometric generator that collects and transmits vital signs. Examiner respectfully disagrees.
Regarding (1), Examiner notes that while Malaviya does teach “an augmented operational environment comprising a digital overlay” ([0006], “superimposing a facility map and the at least one generated electronic map structure storing the current locations of the one or more individuals as nodes” [0133], “such an electronic map structure may be overlaid and/or otherwise superimposed on to existing facility maps such that location features may be more readily identified, such as accessibility, doors, width of hallways, location of equipment and/or facilities, etc.”), Malaviya does not teach wherein this functionality is directed towards the equipment of first responders. Thus, please see the modified 103 rejection below.
Regarding (2), while Malaviya does not explicitly recite the term “avatar”, representations of patients and responders are presented as nodes on a map, which encompass a virtual representation of said individuals ([0006], “superimposing a facility map and the at least one generated electronic map structure storing the current locations of the one or more individuals as nodes” [0044], “The client computing devices may track, for example, the electronic position information of one or more individuals (e.g., patients) within a healthcare facility using various location tracking techniques”).
Regarding (3), Malaviya does teach wherein biometric data is collected by biometric devices, as one of ordinary skill in the art would recognize that collecting blood pressure or heart rate information from networked medical devices that may encompass wearable technology ([0056], “The device interface unit 212 may be provided so that the system 200 may communicate with various types of devices, such as medical equipment, tablet computers, beacons, etc. For example, a hospital bed may include one or more position sensors, as well as other sensors for measuring information related to a patient who is using the hospital bed.” [0057], “At 504, as various conditions change, the contextual profile may be updated for the patient. For example, positive/negative test results may be obtained, the patient's condition may be deteriorating, the patient's blood pressure is decreasing, the patient's heart rate is increasing, etc.” [0058], “information may also be taken from various sensors, cameras, and wearable technology (e.g., smartwatches).”).
Furthermore, this information is tracked and made available to user equipment through networked devices that communicate with the system of Malaviya ([0057], “In relation to infection tracking, information being tracked may include staffing information, scheduling data, points of contact, vital sign information, charting, dosing, maintenance, inventory, etc.” [0040], “The system 200 may, in some embodiments, be provided as part of an HIM system, where the HIM system is coupled to (e.g., through a network) a set of endpoints, such as workstations or access terminals, through one or more user interface components 104 and/or administrative interface components 106. These user interface components 104 may permit for access and/or modification of a contextual profile.” [0057], “At 504, as various conditions change, the contextual profile may be updated for the patient. For example, positive/negative test results may be obtained, the patient's condition may be deteriorating, the patient's blood pressure is decreasing, the patient's heart rate is increasing, etc.”).
With regards to claims 17-18, Applicant argues that Gao does not teach the amended claim limitations. Examiner agrees. Please see the modified 103 rejection below.
Applicant argues 35 U.S.C. §103 Rejection, starting pg. 10 of Remarks:
Applicant argues that art previously provided for the 103 rejections do not overcome the deficiencies of the primary references with regard to the previous 102 rejections.
With regards to Juarez, Applicant argues that Juarez does not teach (1) representing first responders as avatars tracked within a virtual environment that mirrors an incident scene as the responders navigate the physical scene and that (2) the reason to combine is only a conclusory field-of-endeavor statement. Examiner respectfully disagrees.
Regarding (1), Juarez recites: [0058], “A display object may include any graphic (e.g., a broken or solid line, arrow, etc.) that may be displayed on an electronic display of the security surveillance terminal 130 and/or the non-security terminal 140.” [0045], “Security surveillance responders may include public persons, groups, or entities. For instance, public security surveillance responders might include: a private security organization, …; a police department, a division of a police department (e.g., a task force, bomb squad, etc.), a person police officer or group of police officers; a fire department, a division of a fire department, a person fireman or group of firemen; …; or any other public entity, person, or group of persons designated as such, and the like.” [0075], “The virtual reality map may also display different objects, persons, incidents and areas in the real-time 3D visualizations with different colors, symbols, sounds, effects, labels, etc., according to the type of objects, events, environmental changes, incidents, and/or emergencies are present in the environment, and the current status of a person at a given moment in time.” [0085], “The virtual reality presentation 300 further displays all of the persons 316 and objects 318 in their respective locations on the particular floor of facility 310.”
As the real-time 3D visualizations depict all persons in an incident environment, including first responders, on an electronic display of a terminal device, said functionality encompasses a representing first responders as avatars tracked within a virtual environment. Examiner submits that a person captured on video or displayed on a screen is a virtual avatar of the real person, as it represents the person in a virtual environment.
Juarez also teaches a real time visualization of the facility as responders navigate through the facility: [0074], “the SSS 100 may generate real-time 3D visualizations of one or more portions of the environment using the virtual reality generation component 228. As a non-limiting example, a real-time 3D visualization may display the layout of the entire environment, or a particular portion of the environment (i.e., a particular building in a campus, a floor of a building, a room on a particular floor of a building, etc.) with all of the structures, persons, objects, and incidents that are present in real-time in the particular floor of the environment at a given moment in time.”).
Regarding (2), the motivation to combine Malaviya with Juarez is not merely that they are in the same field of endeavor as the claimed invention, but that Juarez also provides the advantage of “determin[ing] the whereabouts and situational status of each person 316 in the facility” (Juarez; [0096]), which satisfies the articulated reasoning requirement; MPEP 2143I recites: “Examples of rationales that may support a conclusion of obviousness include: (G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.”
Regarding the remaining secondary references, Applicant arguments are moot as these references are not recited to teach the amended claim limitations of claim 1.
Claim Objections
Claims are objected to because of the following informalities:
Claim 1 recites: “a data collector and analyzer,…,… wherein the is one or more servers are….”. Please amend this claim limitation to instead recite: “wherein the
Claims 2-7 are objected to by virtue of their dependency on claim 1.
Claim 8 recites: “registering and tagging a the plurality of patients”. Please amend this claim limitation to instead recite: “registering and tagging
Claims 9-13 are objected to by virtue of their dependency on claim 8.
Claim 14 recites: “when executed by processor one or more processors of a server system, cause the processor one or more processors”. Please amend this claim limitation to instead recite: “when executed by
Claims 15 and 16 are objected to by virtue of their dependency on claim 14.
Claim 19 recites:
“generate a interface virtual incident map”. Please amend this claim limitation to instead recite: “generate an interface virtual incident map”.
“transmit a the virtual incident map”. Please amend this claim limitation to instead recite: “transmit
Claim 20 is objected to by virtue of its dependency on claim 20.
Appropriate correction is required.
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.
Subject Matter Eligibility Criteria – Step 1:
The claims recite subject matter within a statutory category as a process and a machine (claims 1-20). Accordingly, claims 1-20 are all within at least one of the four statutory categories.
Subject Matter Eligibility Criteria – Step 2A – Prong One:
Regarding Prong One of Step 2A of the Alice/Mayo test, the claim limitations are to be analyzed to determine whether, under their broadest reasonable interpretation they “recite” a judicial exception or in other words whether a judicial exception is “set forth” or “described” in the claims. MPEP §2106.04(II)(A)(1). An “abstract idea” judicial exception is subject matter that falls within at least one of the following groupings: a) certain methods of organizing human activity, b) mental processes, and /or c) mathematical concepts. MPEP §2106.04(a).
The Examiner identifies system claim 1, device claim 17, and system claim 19 as the claims that represents the claimed invention, claim 1 being similar to method claim 8 and product claim 14.
Claim 1:
A server system for digital emergency triage and tracking of one or more patients and one or more first responders, comprising:
an incident map generator, executing on one or more servers, configured to generate a real-time digital map and a virtual incident environment that models a physical environment of an emergency incident, and to transmit the virtual incident environment, over a communication network, to one or more user equipment for display;
a biometrics generator, executing on one or more servers, configured to collect, from one or more wearable biosensors, and transmit one or more vital signs of the one or more patients to the one or more user equipment;
an incident navigator, executing on one or more servers, configured to provide a points of interest (POI) interface that displays, within the virtual incident environment on the one or more user equipment, a virtual representation of the one or more first responders and the one or more patients;
a tagging manager, executing on one or more servers, configured to associate digital identifiers with the one or more patients; and
a data collector and analyzer, executing on one or more servers, configured to process and analyze the vital signs of the one or more patients, wherein the one or more servers are configured to digitally track and monitor triage states and locations of the one or more patients, to track the virtual representation of the one or more first responders within the virtual incident environment based on location data received from the one or more user equipment as the one or more first responders navigate the physical environment, and to provide, to a user equipment of a first responder of the one or more first responders, an augmented operational environment comprising a digital overlay.
These above limitations, not in bold, under their broadest reasonable interpretation, cover performance of the limitation as certain methods of organizing human activity, as managing personal behaviors of people. The claim elements are directed towards a system for “collect[ing],…, and transmit[ting] one or more vital signs of the one or more patients”, “associate[ing] digital identifiers with the one or more patients”, “analyz[ing] the vital signs of the one or more patients” to “track and monitor triage states and locations of the one or more patients”, which is a human activity typically performed by ward nurses in charge of monitoring patients. This is supported by [0032] of Application specification, which recites: “This system is traditionally implemented through color-coded paper tags that emergency medical technicians (EMTs) attach to patients during mass casualty events to visually indicate their injury level and treatment priority.” This claim is further directed towards tracking first responders as they navigate a physical environment, which is the duty of dispatch coordinators.
Accordingly, the claim recites an abstract idea.
Claims 8 and 14 are abstract for similar reasons.
Claim 17:
A wearable device for patient monitoring during emergency response, comprising:
one or more biometric sensors configured to measure one or more patient vital signs;
a location tracking module comprising at least one of a GPS receiver, a Bluetooth Low Energy transceiver, a Wi-Fi transceiver, or a cellular network triangulation module;
a wireless communication interface; and
a processor configured to transmit patient data, including the measured one or more patient vital signs and a location determined by the location tracking module, over a communication network to a server-based digital triage system that determines a triage state of the patient from the transmitted patient data and displays the patient within a virtual incident environment.
These above limitations, not in bold, under their broadest reasonable interpretation, cover performance of the limitation as certain methods of organizing human activity, as managing personal behaviors of people. The claim elements are directed towards a device for “determin[ing] a triage state of the patient from the transmitted patient data”, which is a human activity typically performed by ward nurses in charge of monitoring patients. This is supported by [0032] of Application specification, which recites: “This system is traditionally implemented through color-coded paper tags that emergency medical technicians (EMTs) attach to patients during mass casualty events to visually indicate their injury level and treatment priority.”
Accordingly, the claim recites an abstract idea.
Claim 19:
A server system for emergency incident command that supports one or more first responders responding to one or more patients, comprising one or more processors configured to:
generate a interface virtual incident map that models a physical environment of an emergency incident and displays a virtual representation of the one or more first responders and the one or more patients;
transmit a the virtual incident map to a holographic display interface comprising a head- mounted display;
provide real-time patient tracking and tracking of the virtual representation of the one or more first responders within the virtual incident map based on location data received from one or more user equipment as the one or more first responders navigate the physical environment;
provide biometric data visualization of one or more vital signs of the one or more patients; and
provide predictive analytics capabilities.
These above limitations, not in bold, under their broadest reasonable interpretation, cover performance of the limitation as certain methods of organizing human activity, as managing personal behaviors of people. The claim elements are directed towards a system for “display[ing] a … representation of the one or more first responders and the one or more patients”, “provid[ing] real-time patient tracking and tracking of the … representation of the one or more first responders”, and “provid[ing]predictive analytics capabilities”, which are human activities typically performed by dispatch coordinators.
Accordingly, the claim recites an abstract idea.
Subject Matter Eligibility Criteria – Step 2A – Prong Two:
Regarding Prong Two of Step 2A of the Alice/Mayo test, it must be determined whether the claim as a whole integrates the idea into a practical application. As noted at MPEP §2106.04 (ID)(A)(2), it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.” MPEP §2106.05(I)(A).
In the present case, the additional elements beyond the above-noted at least one abstract idea recited in the claim are as follows (where the bolded portions are the “additional elements” while the underlined portions continue to represent the at least one “abstract idea”):
Additional elements in other claims:
Server (1-8,14, 17-19-20); incident map generator (1,2); digital map (1); virtual incident environment (1,8,9,14); communication network (1,8,17); user equipment (1,8,14,19); biometrics generator (1); wearable biosensors (1); incident navigator (1); points of interest interface (1,4); virtual representation (1,4,8,14,19); tagging manager (1); data collector and analyzer (1,6); augmented operational environment (1,8,14); digital overlay (1,8,14); virtual model of an emergency environment (2); incident commander dashboard (7,13); augmented reality (7); virtual reality (7); mixed reality (7); wearable sensor (8,10); two-dimensional or three-dimensional model (9); navigation interface (9); predefined algorithms (12); virtual avatars (15); wearable device (17,18); biometric sensors (17,18); location tracking module (17); GPS receiver (17); Bluetooth Low Energy transceiver (17); Wi-Fi transceiver (17); cellular network triangulation module (17); wireless communication interface (17); processor (14,17); digital triage system (17); heart rate sensor (18); blood pressure sensor (18); oxygen saturation sensor (18); respiration rate sensor (18); temperature sensor (18); holographic display interface (19); head-mounted display (19); eye-tracking hardware (20); machine learning algorithms (20)
Any computing devices (server, processor, wearable device, user equipment) and associated software (incident map generator, biometrics generator, tagging manager, data collector and analyzer) are taught at a high level of generality such that the claim elements amounts to no more than mere instructions to apply the exception using any generic component capable of performing the claim limitations. [0075] recites: “The hardware implementation utilizes various processing components including: general processors for core system functions, Digital Signal Processing (DSP) chips for real-time data processing, application Specific Integrated Circuits (ASICs) for specialized operations, and Field Programmable Gate Arrays (FPGAs) for configurable processing capabilities.” [0036], “The user equipment (UE) 101 implements multiple computing platforms including but not limited to: mobile terminals, fixed terminals, portable terminals, extended reality devices, smart wearables, neural interfaces, quantum computing interfaces, and future computing paradigms.” [0037] recites: “The incident map generator 109a comprises specialized hardware and software components for creating dynamic emergency response visualizations.” [0047] recites: “Building on the DPTTS widget capabilities, the system implements comprehensive biometric monitoring and data collection functionality through specialized hardware and software components.” [0065] recites: “The dashboard incorporates sophisticated eye-tracking functionality through specialized hardware and software components.” [0076] recites: “Fig. 3 illustrates a computer system 300 implementing specialized hardware and software components to enable digital triage and emergency response capabilities according to an embodiment of the invention.” No specific, technical improvements are made to computing or processor technologies as any suitable processor may be applied to perform the abstract ideas of the claims identified above with respect to Prong 1 of Step 2A. Although Applicant specification makes mention of specialized hardware and software components, Examiner notes that merely asserting that a general purpose computer is “specially programmed” to be a particular machine does not make it so (see MPEP 2106.05(b)(I)); in the present case, generating maps, collecting and transmitting vital signs, providing navigation, tagging patients, and processing and analyzing vital signs can be achieved with generic computing functions and thus the computer does not amount to a particular machine.
Wireless communication interfaces and communication networks are taught at a high level of generality. [0035] recites: “The communication network 107 comprises one or more network types implemented through various hardware and software configurations.” No specific, technical improvements are made to communication interfaces as a wide variety of generic communication networks and protocols are applied to perform the insignificant extra-solution activity of transmitting data.
Machine learning (predefined algorithms, machine learning algorithms) are taught at a high level of generality. [0066] recites: “The implementation further utilizes sophisticated machine learning algorithms, including convolutional neural networks and recurrent neural networks, to analyze biometric data patterns and predict potential adverse health events requiring immediate intervention.” No specific, technical improvements are made to machine learning as generic neural networks are only applied to perform an abstract idea of predicting health events, which is a human activity typically performed by doctors for their patients.
The variety of sensors (wearable biosensor, wearable sensor, biometric sensors, heart rate sensor, blood pressure sensor, oxygen saturation sensor, respiration rate sensor, temperature sensor) are taught at a high level of generality. [0016] recites: “Collecting vital signs using wearable sensors of the plurality of patients comprises measuring at least one of: heart rate, blood pressure, oxygen saturation, respiration rate, electrocardiogram, electroencephalogram, body temperature.” No specific, technical improvements are made to sensor technologies as a wide variety of generic sensors are applied to perform the insignificant extra-solution activity of gathering data.
Display hardware (augmented reality, virtual reality, mixed reality, holographic display interface, head-mounted display) and associated interfaces (incident navigator, points of interest interface, incident commander dashboard, navigation interface, augmented operational environment, digital overlay) are taught at a high level of generality. [0016] recites: “The user equipment (UE) 101 implements multiple computing platforms including but not limited to: mobile terminals, fixed terminals, portable terminals, extended reality devices, smart wearables, neural interfaces, quantum computing interfaces, and future computing paradigms.” No specific, technical improvements are made to display interfaces as they are only applied to teach an abstract idea of facilitating user interaction with the system and perform the insignificant extra-solution activity of displaying output data.
Location tracking (location tracking module, GPS receiver, Bluetooth Low Energy transceiver, Wi-Fi transceiver, cellular network triangulation module) are taught at a high level of generality. [0016] recites: “Position tracking functionality is achieved through multiple localization technologies including GPS, Bluetooth Low Energy, Wi-Fi, and cellular network triangulation systems. The generator processes this location data and transmits coordinate information to multiple system databases including navigation database 111b, biometrics database 110b, and incident database 109b to maintain comprehensive tracking capabilities.” No specific, technical improvements are made to the field of location tracking as general methods of merely applied to perform the abstract idea of monitoring locations of people.
The external digital triage system is taught at a high level of generality. [0018] recites: “a processor configured to transmit patient data to a digital triage system.” No specific, technical improvements are made to external digital triage systems as they are only applied to perform the insignificant extra-solution activity of receiving data.
Eye-tracking is taught at a high level of generality. [0065] recites: “When implemented in physical environments, the system utilizes camera-based eye-tracking sensors to monitor commander attention patterns.” No specific, technical improvements are made to eye-tracking technologies as sensors are applied to perform an abstract idea of monitoring a user’s attention.
Regarding the virtual map and people (digital map, virtual representations, model of an emergency environment, two-dimensional or three-dimensional model, virtual avatars), Examiner notes that the virtual aspect is considered the additional element, as it indicates that the processor is generating any relevant maps, models, and avatars of the environment. However, the map itself is considered part of the abstract idea as it is simply a representation of the physical environment that aids in the monitoring of people ([0043] recites: “These avatar configurations can be managed through incident commander 114a or individually modified via DPTTS widget 103, enabling clear visual identification, and tracking of response personnel throughout the incident space.”). Thus, virtual maps, models, and avatars are considered to be performance of the abstract idea of generating representations of physical environments and people for the purpose of monitoring the interactions of people applied by a processor. Please see MPEP 2106.05(f), which recites “Another consideration when determining whether a claim integrates a judicial exception into a practical application in Step 2A Prong Two or recites significantly more than a judicial exception in Step 2B is whether the additional elements amount to more than a recitation of the words "apply it" (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer. As explained by the Supreme Court, in order to make a claim directed to a judicial exception patent-eligible, the additional element or combination of elements must do "‘more than simply stat[e] the [judicial exception] while adding the words ‘apply it’". Alice Corp. v. CLS Bank, 573 U.S. 208, 221, 110 USPQ2d 1976, 1982-83 (2014) (quoting Mayo Collaborative Servs. V. Prometheus Labs., Inc., 566 U.S. 66, 72, 101 USPQ2d 1961, 1965).”
Thus, taken alone, the additional elements do not integrate the at least one abstract idea into a practical application.
Looking at the additional elements as an ordered combination adds nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole with the limitations reciting the at least one abstract idea, reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, apply or use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole does not integrate the abstract idea into a practical application of the abstract idea. MPEP §2106.05(I)(A) and §2106.04(IID)(A)(2).
The remaining dependent claim limitations not addressed above fail to integrate the abstract idea into a practical application as set forth below:
Claim 2: This claim recites wherein the incident map generator is configured to generate a model of an emergency environment using geographical information system (GIS) data; which only serves to limit the fill notification request user input.
Claims 3 and 10: These claims recite wherein the one or more vital signs are selected from the group consisting of: heart rate, blood pressure, oxygen saturation, respiration rate, electrocardiogram, electroencephalogram, body temperature, and a combination thereof; which only serves to limit the type of vital sign.
Claim 4: This claim recites wherein the POI interface is configured to display a virtual representation of an emergency location, the one or more patients, and one or more first responders; which teaches an abstract idea of certain methods of organizing human activity, such as by monitoring the locations of patients and first responders.
Claim 5: This claim recites wherein the digital identifiers are associated with physical triage tags; which teaches an abstract idea of associating digital identifiers with physical tags, which provides instructions to medical staff to do so.
Claim 6: This claim recites wherein the data collector and analyzer is configured to: determine the triage states of the one or more patients; which the data collector and analyzer at a high level of generality such that it is only applied to perform an abstract idea of determining tirage states of patients, which falls certain methods of organizing human activity as managing personal behaviors as it is a human activity typically performed by nurses.
Claim 7: This claim recites the system further comprising an incident commander dashboard configured to display aggregated data associated with the one or more patients and the real- time digital map of the emergency incident data using at least one of augmented reality, virtual reality, or mixed reality technologies; which teaches the dashboard, augmented reality, virtual reality, and mixed reality at a high level of generality, such that they are only applied to perform the insignificant extra-solution activity of displaying data.
Claim 9: This claim recites wherein generating the virtual incident environment comprises: accessing geographical information system data; generating a two-dimensional or three-dimensional model; adding one or more virtual points of interest; and providing a navigation interface; which teaches an abstract idea of certain methods of organizing human activity as providing instructions for generating a virtual incident environment.
Claim 11: This claim recites wherein registering and tagging the plurality of patients comprises: scanning physical triage tags; capturing patient identification information; and storing patient data in a database; which teaches an abstract idea of certain methods of organizing human activity by providing a method for managing patients.
Claim 12: This claim recites wherein analyzing the collected vital signs to determine triage states comprises: processing the collected vital signs; determining triage states using predefined algorithms; generating data visualizations; and updating patient status in real-time; which teaches algorithms at a high level of generality such that they are only applied to perform an abstract idea of determining tirage states of patients, which falls certain methods of organizing human activity as managing personal behaviors as it is a human activity typically performed by nurses.
Claim 13: This claim recites the method further comprising displaying aggregated incident data through an incident commander dashboard using extended reality technologies; which teaches the dashboard and extended reality at a high level of generality, such that they are only applied to perform the insignificant extra-solution activity of displaying data,
Claim 15: This claim recites wherein the operations further comprise: displaying patient vital signs on virtual avatars; updating triage states in real-time; generating heat maps of patient data; and providing predictive analytics using machine learning; which teaches an abstract idea of triaging patients and performing predictive analytics. Examiner notes that generating heat maps is considered part of the abstract idea, as heat maps are a method of displaying data values that can be performed using human means.
Claim 16: This claim recites wherein managing digital patient triage tags comprises: scanning physical triage tags; associating digital identifiers with patients; storing triage states; and updating patient status; which teaches an abstract idea of certain methods of organizing human activity by providing a method for managing patients as well as storing their triage states, which is typically performed by nurses.
Claim 18: This claim recites wherein the one or more biometric sensors comprise at least one of: a heart rate sensor; a blood pressure sensor; an oxygen saturation sensor; a respiration rate sensor; and a temperature sensor; which only serves to limit the type of biometric sensor.
Claim 20: This claim recites the system further comprising: eye-tracking hardware configured to monitor commander interactions; heat mapping functionality for patient data analysis; and machine learning algorithms for health event prediction; which teaches the eye-tracking hardware, heat mapping functionality, and machine learning algorithms at high levels of generality such that they are only applied to perform abstract ideas of monitoring interactions, analyzing patient data, and predicting health events, respectively. All of these activities are human activities that are typically performed by nurses.
Subject Matter Eligibility Criteria – Step 2B:
Regarding Step 2B of the Alice/Mayo test, representative independent claims do not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to discussion of integration of the abstract idea into a practical application, the additional elements amount to no more than mere instructions to apply an exception, add insignificant extra-solution activity to the abstract idea, and generally link the abstract idea to a particular technological environment or field use. Additionally, the additional limitations, other than the abstract idea per se, amount to no more than limitations which:
Amount to elements that have been recognized as activities in particular fields (such as Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information), MPEP §2106.05(d)(II)(i);storing and retrieving information in memory, Versata Dev. Group, MPEP §2106.05(d)(II)(iv)).
Augmented operational environments comprising digital overlays is known within the art:
Zhou; Feng, Trends in Augmented Reality Tracking, Interaction and Display: A Review of Ten Years of ISMAR, 3 Oct 2008, IEEE, 2008 7th IEEE/ACM International Symposium on Mixed and Augmented Reality: pg. 193, “Although Augmented Reality technology was first developed over forty years ago, there has been little survey work giving an overview of recent research in the field. This paper reviews the ten year development of the work presented at the ISMAR conference and its predecessors with a particular focus on tracking, interaction and display research.” Pg. 193, “Augmented Reality (AR) is a technology which allows computer generated virtual imagery to exactly overlay physical objects in real time. Unlike virtual reality (VR), where the user is completely immersed in a virtual environment, AR allows the user to interact with the virtual images using real objects in a seamless way.”
Syed; Toqeer Ali, In-Depth Review of Augmented Reality: Tracking Technologies, Development Tools, AR Displays, Collaborative AR, and Security Concerns, 23 Dec 2022, Sensors, 23(1), 146: pg. 1, “Augmented reality (AR) has gained enormous popularity and acceptance in the past few years.” Pg. 1, “Augmented reality (AR) is one of the leading expanding immersive experiences of the 21st century. AR has brought a revolution in different realms including health and medicine, teaching and learning, tourism, designing, manufacturing, and other similar industries whose acceptance accelerated the growth of AR in an unprecedented manner.” Pg. 3, “Interested investigators can choose their required area of research in AR. As can be seen in the diagram, most research has been done in the area of tracking technologies. This is further divided into different types of tracking solutions including fiducial tracking, video-based tracking, and inertial tracking. Some papers lie in several categories for, example some papers such as [18,19,20] fall in both the fiducial tracking and sensor categories. Similarly, computer vision and display devices have some common papers, and inertial tracking and video-based tracking also have some papers in common. In addition, display devices share common papers with computer vision, mobile AR, design guidelines, tool-kits, evaluation, AR tags, and security and privacy of AR.” Pg. 18, “However, this display directly overlays the virtual scene image over the physical object. ”
Dependent claims recite additional subject matter which, as discussed above with respect to integration of the abstract idea into a practical application, amount to invoking computers as a tool to perform the abstract idea. Dependent claims recite additional subject matter which amount to limitations consistent additional subject matter which amount to limitations consistent with the additional elements in the independent claims (such as claims 2-7, 9-13, 15-16, 18, and 20, additional limitations which amount to elements that have been recognized as activities in particular fields, claims 2-7, 9-13, 15-16, 18, and 20, e.g., performing repetitive calculations, Flook, MPEP §2106.05(d)(II)(ii); claims 2-7, 9-13, 15-16, 18, and 20, e.g., storing and retrieving information in memory, Versata Dev. Group, MPEP §2106.05(d)(II)(iv). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide conventional computer implementation.
Therefore, whether taken individually or as an ordered combination, claims 1-20 are nonetheless rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4, 6-10, and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Malaviya (US 20170024531) in view of Juarez (US 20240087254).
Regarding claim 1, Malaviya teaches a server system for digital emergency triage and tracking of one or more patients ([0095], “The system 200 may be provided in various forms using particularly configured hardware, and includes electronic implementation through the use of various computing equipment, such as servers, data storage devices, processors, interfaces, non-transitory computer readable memory, etc.” [0078], “There are various applications for the system 200, including the generation of multi-dimensional dynamic map data structures (which may also be referred to as maps herein),… triaging and/or prioritizing traffic based on severity, adverse incident tracking, etc.” [0044], “track the pathways of all individuals in the healthcare facility… individuals coming to the healthcare facility for a particular type of procedure,…”), comprising:
an incident map generator, executing on one or more servers, configured to generate a real-time digital map and a virtual incident environment that models a physical environment of an emergency incident ([0005], “generating a visualization of the at least one electronic map structure; and updating, in real-time, the visualization as the one or more contextual digital profiles are updated or generated” [0115], “Pathways may be electronic representations of physical pathways in healthcare organizations, and may represent physical elements such as hallways, corridors, steps, stairs, conveyance means, rooms, courtyards, doorways, etc.” [0118], “a relatively accurate 3D model of a facility (e.g., a hospital) may be generated”), and
to transmit the virtual incident environment, over a communication network, to one or more user equipment for display ([0039], “The system may be utilized, for example, to generate a 2D or 3D map structure based on the correlated data and contextual profiles. The system uses the generated map structure to create a visualization of the map structure for display as part of an interface.” [0043], “The system 200 may be provided in the form of backend networked devices that may be provided on-location at a healthcare environment, or off-location at an external location that is remotely coupled to the healthcare environment, or a combination thereof linked by a system interface. For example, the networked devices may include computational backend servers residing in a healthcare data center (or, in some embodiments, as distributed networked computing resources that reside in a cloud-type infrastructure) that act in concert with one or more client computing devices.”);
a biometrics generator, executing on one or more servers, configured to collect, from one or more wearable biosensors ([0056], “The device interface unit 212 may be provided so that the system 200 may communicate with various types of devices, such as medical equipment, tablet computers, beacons, etc. For example, a hospital bed may include one or more position sensors, as well as other sensors for measuring information related to a patient who is using the hospital bed.” [0057], “At 504, as various conditions change, the contextual profile may be updated for the patient. For example, positive/negative test results may be obtained, the patient's condition may be deteriorating, the patient's blood pressure is decreasing, the patient's heart rate is increasing, etc.” [0058], “information may also be taken from various sensors, cameras, and wearable technology (e.g., smartwatches).”), and
transmit one or more vital signs of the one or more patients to the one or more user equipment ([0057], “In relation to infection tracking, information being tracked may include staffing information, scheduling data, points of contact, vital sign information, charting, dosing, maintenance, inventory, etc.” [0040], “The system 200 may, in some embodiments, be provided as part of an HIM system, where the HIM system is coupled to (e.g., through a network) a set of endpoints, such as workstations or access terminals, through one or more user interface components 104 and/or administrative interface components 106. These user interface components 104 may permit for access and/or modification of a contextual profile.” [0057], “At 504, as various conditions change, the contextual profile may be updated for the patient. For example, positive/negative test results may be obtained, the patient's condition may be deteriorating, the patient's blood pressure is decreasing, the patient's heart rate is increasing, etc.”);
an incident navigator, executing on one or more servers, configured to provide a points of interest (POI) interface that displays, within the virtual incident environment on the one or more user equipment, a virtual representation of the one or more patients ([0006], “superimposing a facility map and the at least one generated electronic map structure storing the current locations of the one or more individuals as nodes” [0044], “the electronic position information of one or more individuals (e.g., patients) within a healthcare facility” [0080], “The probabilistic pathway may be a three dimensional path whereby probabilistic waypoints may be generated based on information known about one or more potential pathways. One or more probabilistic pathways may be used to optimize and/or model pathways from one location to another location, given various characteristics and requirements (e.g., where the system identifies a number of pathways that an infected patient having critical symptoms may take to an emergency room equipped with isolation facilities, the system is configured to facilitate a determination of a pathway based on the optimization of one or more variables, such as a maximum rate of speed given that the patient is on a stretcher, quarantine requirements, reducing the amount of time the infected patient will spend near immuno-compromised patients, etc.).” [0010], “generating, in accordance with the selected candidate pathway and the ordered list of electronic waypoints, one or more routing instructions for transmission to a client computing device associated with the healthcare practitioner”). Examiner interprets waypoints and locations of individuals, represented by nodes, to encompass points of interest.
a tagging manager, executing on the one or more servers, configured to associate digital identifiers with the one or more patients ([0041], “The system 200 is configured to dynamically generate and update or modify mapping data structures representative of multiple dimensions of data points (e.g. position, time, identifiers, descriptors, fields). The dynamic mapping data structures may represent a map health care organization that may provide real-time or near-real-time data relating to various aspects of the health care organization, including movement of individuals and equipment.” [0160], “various individuals, instruments, equipment and medical tools may be associated with registration systems (e.g., having scan-able barcodes or identifiers), etc., and this information may be used as inputs to track entities.” [0044], “The client computing devices may track, for example, the electronic position information of one or more individuals (e.g., patients) within a healthcare facility using various location tracking techniques”); and
a data collector and analyzer, executing on one or more servers, configured to process and analyze the vital signs of the one or more patients, wherein the one or more servers are configured to digitally track and monitor triage states and locations of the one or more patients ([0078], “There are various applications for the system 200, including the generation of multi-dimensional dynamic map data structures (which may also be referred to as maps herein), …, triaging and/or…” [0181], “At 504, as various conditions change, the contextual profile may be updated for the patient. For example, positive/negative test results may be obtained, the patient's condition may be deteriorating, the patient's blood pressure is decreasing, the patient's heart rate is increasing, etc. An overall risk score may be maintained by the risk identification unit 218 and regularly updated as conditions change over time.” [0044], “The client computing devices may track, for example, the electronic position information of one or more individuals (e.g., patients) within a healthcare facility using various location tracking techniques”).
Malaviya does not teach wherein the server system is for tracking of one or more first responders; wherein the points of interest (POI) interface displays, within the virtual incident environment on the one or more user equipment, a virtual representation of the one or more first responders; tracking the virtual representation of the one or more first responders within the virtual incident environment based on location data received from the one or more user equipment as the one or more first responders navigate the physical environment; and providing, to a user equipment of a first responder of the one or more first responders, an augmented operational environment comprising a digital overlay.
However, Juarez does teach wherein the server system is for tracking of one or more first responders ([0019], “an example security surveillance system (SSS)… the SSE 110 includes one or more servers executing non-transitory machine-readable instructions to perform the functions disclosed herein.” [0080], “The real-time images of the facility 310 may show all of the structures 314, devices, persons 316, objects 318, events, incidents, environmental changes and/or emergencies in the facility 310, in real-time, at any given moment” [0045], “Security surveillance responders may include public persons, groups, or entities. For instance, public security surveillance responders might include: a private security organization, …; a police department, a division of a police department (e.g., a task force, bomb squad, etc.), a person police officer or group of police officers; a fire department, a division of a fire department, a person fireman or group of firemen; …; or any other public entity, person, or group of persons designated as such, and the like.”);
wherein the points of interest (POI) interface displays, within the virtual incident environment on the one or more user equipment, a virtual representation of the one or more first responders ([0058], “A display object may include any graphic (e.g., a broken or solid line, arrow, etc.) that may be displayed on an electronic display of the security surveillance terminal 130 and/or the non-security terminal 140.” [0045], “Security surveillance responders may include public persons, groups, or entities. For instance, public security surveillance responders might include: a private security organization, …; a police department, a division of a police department (e.g., a task force, bomb squad, etc.), a person police officer or group of police officers; a fire department, a division of a fire department, a person fireman or group of firemen; …; or any other public entity, person, or group of persons designated as such, and the like.” [0075], “The virtual reality map may also display different objects, persons, incidents and areas in the real-time 3D visualizations with different colors, symbols, sounds, effects, labels, etc., according to the type of objects, events, environmental changes, incidents, and/or emergencies are present in the environment, and the current status of a person at a given moment in time.” [0085], “The virtual reality presentation 300 further displays all of the persons 316 and objects 318 in their respective locations on the particular floor of facility 310.”);
tracking the virtual representation of the one or more first responders within the virtual incident environment based on location data received from the one or more user equipment as the one or more first responders navigate the physical environment ([0083], “To monitor the locations of each device in a facility 310, including mobile devices such as security surveillance terminals 130 and non-security terminals 140, and facility devices such as non-terminal identification components 150, the SSS 100 may first detect one or more signals from each of the devices.” [0096], “Continuously monitoring the location of each identification marker 330 in the facility 310 allows the SSS 100 to more accurately determine the whereabouts and situational status of each person 316 in the facility 310.”); and
providing, to a user equipment of a first responder of the one or more first responders, an augmented operational environment comprising a digital overlay ([0042], “Security surveillance systems resources 200 may further include a display object component 212 in various embodiments... The display objects may be overlaid on the real-world scene captured by the camera component 210, augmenting the real-world image with additional information helpful during security surveillance.”).
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Malaviya in view of Juarez are considered analogous to the claimed invention because they are in the field of incident management. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Malaviya with Juarez for the advantage of “determin[ing] the whereabouts and situational status of each person 316 in the facility” (Juarez; [0096]).
Regarding claim 2, Malaviya in view of Juarez teaches the server system of claim 1. Malaviya further teaches wherein the incident map generator is configured to generate a model of an emergency environment using geographical information system (GIS) data ([0070], “The 3D position data may be aggregated to dynamically generate a 3D map over time, or in a near-real or real-time manner.” [0040], “The generated map structure may utilize information obtained in the contextual profile to refine and/or associate information associated with the generated the map structure from the healthcare incident management system.” [0047], “the contextual profile stores in data storage 250 a set of data points having associated geo-spatial information (e.g., x, y, and z coordinates, among other coordinate systems), such that for a particular individual, context based content can be served (for example with current location derived via GPS, RFID, geolocation technology, or the user specifying their location).”).
Regarding claim 3, Malaviya in view of Juarez teaches the server system of claim 1. Malaviya further teaches wherein the one or more vital signs are selected from the group consisting of: heart rate, blood pressure, oxygen saturation, respiration rate, electrocardiogram, electroencephalogram, body temperature, and a combination thereof ([0181], “the patient's condition may be deteriorating, the patient's blood pressure is decreasing, the patient's heart rate is increasing, etc.” [0108], “health data such as temperature,” [0051], “the devices 102 may also be configured to receive information from an external pulse oximeter, a dialysis machine,…”).
Regarding claim 4, Malaviya in view of Juarez teaches the server system of claim 1. Malaviya further teaches wherein the POI interface is configured to display a virtual representation of an emergency location and the one or more patients ([0181], “a more accurate or more contextually appropriate map may be generated where the dataset is constrained only to specific geospatial points associated with particular contextual profiles (e.g., only during emergency situations, only nurses, etc.).” [0108], “health data such as temperature,” [0044], “The client computing devices may track, for example, the electronic position information of one or more individuals (e.g., patients) within a healthcare facility using various location tracking techniques”).
Malaviya does not teach wherein the POI interface is configured to display a virtual representation of the one or more first responders.
However, Juarez does teach wherein the POI interface is configured to display a virtual representation of the one or more first responders ([0080], “The real-time images of the facility 310 may show all of the structures 314, devices, persons 316, objects 318, events, incidents, environmental changes and/or emergencies in the facility 310, in real-time, at any given moment” [0045], “Security surveillance responders may include public persons, groups, or entities. For instance, public security surveillance responders might include: a private security organization, …; a police department, a division of a police department (e.g., a task force, bomb squad, etc.), a person police officer or group of police officers; a fire department, a division of a fire department, a person fireman or group of firemen; …; or any other public entity, person, or group of persons designated as such, and the like.” [0074], “The virtual reality map may show all of the different portions, areas, and views of the environment to provide a complete overview of the layout, structures, persons, objects, and incidents within the environment.” [0160], “The computing component 700 may include a user interface module to implement a GUI that may be stored in a mass storage device as executable software codes that are executed by the computing device(s).”). It would be obvious to one of ordinary skill in the art that a system that provides virtual representations of all people would also display virtual representations of one or more first responders, including policemen and firemen, as first responders are also people. An example of a display output showing virtual representations of people is provided in Fig. 3B, below.
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Malaviya in view of Juarez are considered analogous to the claimed invention because they are in the field of incident management. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Malaviya with Juarez for the advantage of “determin[ing] the whereabouts and situational status of each person 316 in the facility” (Juarez; [0096]).
Regarding claim 6, Malaviya in view of Juarez teaches the server system of claim 1. Malaviya further teaches wherein the data collector and analyzer is configured to:
determine the triage states of the one or more patients ([0078], “There are various applications for the system 200, including the generation of multi-dimensional dynamic map data structures (which may also be referred to as maps herein), …, triaging and/or…” [0181], “At 504, as various conditions change, the contextual profile may be updated for the patient. For example, positive/negative test results may be obtained, the patient's condition may be deteriorating, the patient's blood pressure is decreasing, the patient's heart rate is increasing, etc. An overall risk score may be maintained by the risk identification unit 218 and regularly updated as conditions change over time.”).
Regarding claim 7, Malaviya in view of Juarez teaches the server system of claim 1. Malaviya teaches the system further comprising an incident commander dashboard configured to display aggregated data associated with the one or more patients ([0065], “The system 200 may aggregate contextualized electronic position information with profile information stored in the contextual profile to generate at least one electronic map structure storing location and time data. The map structure can include location points, such as current locations of the one or more individuals and associating, with each of the location points, and an approximated probabilistic risk level for the corresponding individual.” [0178], “the contextual profile management unit 204 may be utilized to generate an aggregate risk score for infection, for example, based at least on a probability of infection as well as the infection risk impact score. The aggregate risk score, for example, may calculate aspects based on lab results, unit testing once the patient has been discharged, signs and symptoms of a patient in a unit, survey and/or information captured in admission questionnaires, among others.” [0122], “The interface components may be provided such that individuals are able to view, update and/or monitor various aspects associated with contextual profiles.”).
Malaviya does not teach the real- time digital map of the emergency incident data using at least one of augmented reality, virtual reality, or mixed reality technologies.
However, Juarez does teach the real- time digital map of the emergency incident data using at least one of augmented reality, virtual reality, or mixed reality technologies ([0075], “The virtual reality map may be displayed using any device capable of displaying the real-time 3D visualization images for viewing and virtual reality map may be displayed on any medium. The virtual reality map may include multiple real-time 3D visualizations with each visualization displaying different floors, sections, areas, zones, etc. of the environment... The virtual reality map may also display different objects, persons, incidents and areas in the real-time 3D visualizations with different colors, symbols, sounds, effects, labels, etc., according to the type of objects, events, environmental changes, incidents, and/or emergencies are present in the environment, and the current status of a person at a given moment in time.”).
Malaviya in view of Juarez are considered analogous to the claimed invention because they are in the field of incident management. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Malaviya with Juarez for the advantage of “augmenting the real-world image with additional information” (Juarez; [0042]).
Regarding claim 8, this claim is rejected for the same reasons as claim 1, as described above. Malaviya further teaches one or more processors of a server system ([0095], “The system 200 may be provided in various forms using particularly configured hardware, and includes electronic implementation through the use of various computing equipment, such as servers, data storage devices, processors, interfaces, non-transitory computer readable memory, etc. The system 200 may also be provided in the form of instructions stored upon non-transitory computer readable memory, which when executed, cause the processors to perform various steps.”).
Regarding claim 9, Malaviya in view of Juarez teaches the method of claim 8. Malaviya further teaches wherein generating the virtual incident environment comprises:
accessing geographical information system data ([0070], “The 3D position data may be aggregated to dynamically generate a 3D map over time, or in a near-real or real-time manner.” [0047], “the contextual profile stores in data storage 250 a set of data points having associated geo-spatial information (e.g., x, y, and z coordinates, among other coordinate systems), such that for a particular individual, context based content can be served (for example with current location derived via GPS, RFID, geolocation technology, or the user specifying their location).”);
generating a two-dimensional or` three-dimensional model ([0039], “The system may be utilized, for example, to generate a 2D or 3D map structure based on the correlated data and contextual profiles.”);
adding one or more virtual points of interest ([0006], “superimposing a facility map and the at least one generated electronic map structure storing the current locations of the one or more individuals as nodes” [0070], “The map may indicate the location of various objects, individuals and/or equipment”); and
providing a navigation interface ([0039], “generating, in accordance with the selected candidate pathway and the ordered list of electronic waypoints, one or more routing instructions for transmission to a client computing device associated with the healthcare practitioner”).
Regarding claim 10, Malaviya in view of Juarez teaches the method of claim 8. Malaviya further teaches wherein collecting vital signs using wearable sensors of the plurality of patients comprises measuring at least one of: heart rate, blood pressure, oxygen saturation, respiration rate, electrocardiogram, electroencephalogram, body temperature ([0051], “devices 102 may also be configured to receive information from one or more externally located sensor. For example, the devices 102 may also be configured to receive information from an external pulse oximeter, a dialysis machine,…” [0181], “the patient's condition may be deteriorating, the patient's blood pressure is decreasing, the patient's heart rate is increasing, etc.” [0108], “health data such as temperature,”).
Regarding claim 12, Malaviya in view of Juarez teaches the method of claim 8. Malaviya further teaches wherein analyzing the collected vital signs to determine triage states comprises:
processing the collected vital signs ([0078], “There are various applications for the system 200, including the generation of multi-dimensional dynamic map data structures (which may also be referred to as maps herein), …, triaging and/or…” [0181], “At 504, as various conditions change, the contextual profile may be updated for the patient. For example, positive/negative test results may be obtained, the patient's condition may be deteriorating, the patient's blood pressure is decreasing, the patient's heart rate is increasing, etc. An overall risk score may be maintained by the risk identification unit 218 and regularly updated as conditions change over time.”;
determining triage states using predefined algorithms ([0053], “This risk level may be determined, for example, based on machine-learned and/or tracked event data associated with a propensity to create risk, and may be weighted based on risk severity (e.g., of an adverse health outcome).” [0082], “machine-learning and/or neural network techniques are utilized to determine and/or probabilistically estimate the strength of relationships (e.g., through correlations, cross-correlations) as there are a large number of variables whose relationships with one another is not entirely known.”);
generating data visualizations ([0007], “generating an electronic map visualization of the initial practitioner location-contextualized electronic map structure wherein the re-weighted approximated probabilistic risk levels corresponding to each node are continuously monitored and a visual representation of the re-weighted approximated probabilistic risk level of each node is automatically resized or recolored based on the magnitude of the re-weighted approximated probabilistic risk level of the node” [0064], “Risk levels associated with a point may be utilized in relation to the tracking of patients or other objects.”); and
updating patient status in real-time ([0111], “there is provided a method of maintaining a contextual profile for near-real or real-time contact tracing, the method comprising:… periodically applying one or more logical rules in relation to the contextual profile associated with the entity to determine a risk level associated with the contextual profile;” [0046], “Contextual profiles may be associated with different types of entities, for example, a contextual profile may be associated with an individual patient”).
Regarding claim 13, Malaviya in view of Juarez teaches the server system of claim 8. Malaviya does not teach the method further comprising displaying aggregated incident data through an incident commander dashboard using extended reality technologies.
However, Juarez does teach the method further comprising displaying aggregated incident data through an incident commander dashboard using extended reality technologies ([0074], “The virtual reality map may show all of the different portions, areas, and views of the environment to provide a complete overview of the layout, structures, persons, objects, and incidents within the environment.” [0160], “The computing component 700 may include a user interface module to implement a GUI that may be stored in a mass storage device as executable software codes that are executed by the computing device(s).”). Examiner interprets the GUI, which provides a complete overview, to encompass an incident commander dashboard.
Malaviya in view of Juarez are considered analogous to the claimed invention because they are in the field of incident management. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Malaviya with Juarez for the advantage of “obtain[ing] a complete surveillance of the environment” (Juarez; [0074]).
Regarding claim 14, this claim is rejected for the same reasons as claim 1, as described above. Malaviya further teaches a non0transitory computer-readable medium storing instructions executed by one or more processors of a server system ([0095], “The system 200 may be provided in various forms using particularly configured hardware, and includes electronic implementation through the use of various computing equipment, such as servers, data storage devices, processors, interfaces, non-transitory computer readable memory, etc. The system 200 may also be provided in the form of instructions stored upon non-transitory computer readable memory, which when executed, cause the processors to perform various steps.”) and
managing digital patient triage tags ([0004], “generating or updating one or more contextual digital profiles, each of the one or more contextual digital profiles corresponding to one of the one or more individuals with the contextualized electronic position information, each of the one or more contextual digital profiles including at least a computationally approximated probabilistic risk level that is updated when the one or more contextual digital profiles are updated or generated”). Examiner interprets the contextual digital profile to encompass a digital patient triage tag, as both perform the same function of providing digitally computed triage states of a patient.
Claim 5, 11, and 16 rejected under 35 U.S.C. 103 as being unpatentable over Malaviya (US 20170024531) in view of Juarez (US 20240087254) further in view of Vasquez (US 20090063191).
Regarding claim 5, Malaviya in view of Juarez teaches the server system of claim 1. Although Malaviya mentions digital identifiers being associated with physical tags ([0160], “various individuals, instruments, equipment and medical tools may be associated with registration systems (e.g., having scan-able barcodes or identifiers), etc., and this information may be used as inputs to track entities.”), Malaviya in view of Juarez does not explicitly teach wherein tags are physical triage tags.
However, Vasquez does teach wherein tags are physical triage tags ([0005], “A triage tag, having a bar code and an RFID inlay, with each containing patient identity data that identifies a selected patient in the selected area, is placed on the selected patient while the patient is in a patient identification zone. A first patient evaluation of the condition of the selected patient is conducted by an emergency responder and, if necessary, the condition of the selected patient is treated. First patient evaluation data is recorded on the triage tag by the emergency responder. The emergency responder, using a wireless optical/electronic transmitter/receiver reader, scans at least one of the bar code and the RFID inlay of the triage tag of the selected patient and records the patient identity data and the first patient evaluation data in the reader.”).
Malaviya in view of Juarez further in view of Vasquez are considered analogous to the claimed invention because they are in the field of incident management. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Malaviya in view of Juarez with Vasquez for the advantage of “keeping track of the injured individual, his or her condition, and his or her location” (Vasquez; [0003]).
Regarding claim 11, Malaviya in view of Juarez teaches the method of claim 8. Malaviya further teaches wherein registering and tagging the plurality of patients comprises:
scanning tags ([0160], “various individuals, instruments, equipment and medical tools may be associated with registration systems (e.g., having scan-able barcodes or identifiers), etc., and this information may be used as inputs to track entities.”);
storing patient data in a database ([0051], “The contextual profiles may be stored in data storage 250.”).
Malaviya in view of Juarez does not teach wherein the tags are physical triage tags and wherein registering and tagging the plurality of patients comprises: capturing patient identification information.
However, Vasquez does teach wherein the tags are physical triage tags ([0005], “A triage tag, having a bar code and an RFID inlay, with each containing patient identity data that identifies a selected patient in the selected area, is placed on the selected patient while the patient is in a patient identification zone. A first patient evaluation of the condition of the selected patient is conducted by an emergency responder and, if necessary, the condition of the selected patient is treated. First patient evaluation data is recorded on the triage tag by the emergency responder. The emergency responder, using a wireless optical/electronic transmitter/receiver reader, scans at least one of the bar code and the RFID inlay of the triage tag of the selected patient and records the patient identity data and the first patient evaluation data in the reader.”) and
wherein registering and tagging the plurality of patients comprises: capturing patient identification information ([0014], “Triage tag 204 has, in addition to bar code 204c, an RFID inlay 204d, shown by dotted lines, that is disposed between the front and back sheets 204a and 204b and contains the same unique data as in the bar code, thereby serving as another source of patient identity data that identifies the selected patient when either the bar code or the RFID inlay is scanned by a wireless optical/electronic transmitter/receiver reader.”).
Malaviya in view of Juarez further in view of Vasquez are considered analogous to the claimed invention because they are in the field of incident management. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Malaviya in view of Juarez with Vasquez for the advantage of “keeping track of the injured individual, his or her condition, and his or her location” (Vasquez; [0003]).
Regarding claim 16, Malaviya in view of Juarez teaches the computer-readable medium of claim 14. Malaviya further teaches wherein managing digital patient triage tags comprises:
associating digital identifiers with patients ([0041], “The system 200 is configured to dynamically generate and update or modify mapping data structures representative of multiple dimensions of data points (e.g. position, time, identifiers, descriptors, fields). The dynamic mapping data structures may represent a map health care organization that may provide real-time or near-real-time data relating to various aspects of the health care organization, including movement of individuals and equipment.” [0160], “various individuals, instruments, equipment and medical tools may be associated with registration systems (e.g., having scan-able barcodes or identifiers), etc., and this information may be used as inputs to track entities.” [0044], “The client computing devices may track, for example, the electronic position information of one or more individuals (e.g., patients) within a healthcare facility using various location tracking techniques”);
storing triage states ([0117], “The contextual profiles may be stored in data storage 250.” [0078], “There are various applications for the system 200, including the generation of multi-dimensional dynamic map data structures (which may also be referred to as maps herein), …, triaging and/or…” [0181], “At 504, as various conditions change, the contextual profile may be updated for the patient. For example, positive/negative test results may be obtained, the patient's condition may be deteriorating, the patient's blood pressure is decreasing, the patient's heart rate is increasing, etc. An overall risk score may be maintained by the risk identification unit 218 and regularly updated as conditions change over time.” [0111], “there is provided a method of maintaining a contextual profile for near-real or real-time contact tracing, the method comprising:… periodically applying one or more logical rules in relation to the contextual profile associated with the entity to determine a risk level associated with the contextual profile;”); and
updating patient status ([0004], “generating or updating one or more contextual digital profiles” [0111], “there is provided a method of maintaining a contextual profile for near-real or real-time contact tracing, the method comprising:… periodically applying one or more logical rules in relation to the contextual profile associated with the entity to determine a risk level associated with the contextual profile;” [0046], “Contextual profiles may be associated with different types of entities, for example, a contextual profile may be associated with an individual patient”).
Malaviya in view of Juarez does not teach wherein managing digital patient triage tags comprises:
scanning physical triage tags.
However, Vasquez does teach wherein managing digital patient triage tags comprises:
scanning physical triage tags ([0005], “A triage tag, having a bar code and an RFID inlay, with each containing patient identity data that identifies a selected patient in the selected area, is placed on the selected patient while the patient is in a patient identification zone. A first patient evaluation of the condition of the selected patient is conducted by an emergency responder and, if necessary, the condition of the selected patient is treated. First patient evaluation data is recorded on the triage tag by the emergency responder. The emergency responder, using a wireless optical/electronic transmitter/receiver reader, scans at least one of the bar code and the RFID inlay of the triage tag of the selected patient and records the patient identity data and the first patient evaluation data in the reader.”).
Malaviya in view of Juarez further in view of Vasquez are considered analogous to the claimed invention because they are in the field of incident management. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Malaviya in view of Juarez with Vasquez for the advantage of “keeping track of the injured individual, his or her condition, and his or her location” (Vasquez; [0003]).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Malaviya (US 20170024531) in view of Juarez (US 20240087254) further in view of Mizumoto (Mizumoto; Teruhiro, Emergency Medical Support System for Visualizing Locations and Vital Signs of Patients in Mass Casualty Incident, 23 Mar 2012, Second International Workshop on Pervasive Networks for Emergency Management).
Regarding claim 15, Malaviya in view of Juarez teaches the computer-readable medium of claim 14. Malaviya further teaches wherein the operations further comprise:
updating triage states in real-time ([0078], “There are various applications for the system 200, including the generation of multi-dimensional dynamic map data structures (which may also be referred to as maps herein), …, triaging and/or…” [0181], “At 504, as various conditions change, the contextual profile may be updated for the patient. For example, positive/negative test results may be obtained, the patient's condition may be deteriorating, the patient's blood pressure is decreasing, the patient's heart rate is increasing, etc. An overall risk score may be maintained by the risk identification unit 218 and regularly updated as conditions change over time.” [0111], “there is provided a method of maintaining a contextual profile for near-real or real-time contact tracing, the method comprising:… periodically applying one or more logical rules in relation to the contextual profile associated with the entity to determine a risk level associated with the contextual profile;” [0046], “Contextual profiles may be associated with different types of entities, for example, a contextual profile may be associated with an individual patient”);
generating heat maps of patient data ([0055], “Information stored on contextual profiles may be used to, for example, develop a heat map of spreading disease in real-time which may be overlaid on top of spatial maps, etc. Various types of analyses can be performed using other disparate sets of data, such as the attributes of the people or objects being tracked, the characteristics and set up of the location, the effect of sanitization protocols, etc.”); and
providing predictive analytics using machine learning ([0053], “This risk level may be determined, for example, based on machine-learned and/or tracked event data associated with a propensity to create risk, and may be weighted based on risk severity (e.g., of an adverse health outcome).” [0082], “machine-learning and/or neural network techniques are utilized to determine and/or probabilistically estimate the strength of relationships (e.g., through correlations, cross-correlations) as there are a large number of variables whose relationships with one another is not entirely known” [0172], “the system 200 may be configured to perform machine-based learning techniques and analyses to heuristically assess probabilities of infection.”).
Malaviya in view of Juarez does not teach wherein the operations further comprise: displaying patient vital signs on virtual avatars.
However, Mizumoto does teach wherein the operations further comprise:
displaying patient vital signs on virtual avatars (pg. 743, “In the 3D view window, patients and medical staff are displayed as 3D objects on the photographic background according to the position and angle of the virtual camera. The 3D objects of the patients are painted in one of the four triage colors while objects of the medical staff are painted in white… Thus, we provide the individual view that is used by a technician to easily look at the detailed vital information of patients and find the specified patient by directing a tablet PC toward the patients. This view uses augmented reality (AR) to overlay the patient’s information on the patient in the real-time video captured by a camera. Fig. 10 shows an example usage of the individual view for two patient’s conditions.”). Examiner submits that a patient captured on video is a virtual avatar of the real patient, as it represents the patient in a virtual environment.
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Malaviya in view of Juarez further in view of Mizumoto are considered analogous to the claimed invention because they are in the field of incident management. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Malaviya in view of Juarez with Mizumoto for the advantage of providing an interface to “easily look at the detailed vital information of patients” (Mizumoto; pg. 743).
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Gao (US 20090069642) in view of Malaviya (US 20170024531).
Regarding claim 17, Gao teaches a wearable device for patient monitoring during emergency response ([0010], “The patient information communication device is wearable.” [0076], “The devices and systems described herein may be used in any appropriate setting, including a hospital, hospice, home care, or in the field (e.g., in an emergency response situation).”), comprising:
one or more biometric sensors configured to measure one or more patient vital signs ([0030], “The patient data inputs 101 of FIG. 1A are connected to the data collectors 107... For example, a data input may be an input for a sensor 150 (e.g., a pulse oximeter, an ECG, heart rate sensor, an EEG, a blood pressure sensor, a temperature sensor, a CO.sub.2 sensor, a respiration sensor, a glucose sensor, a skin resistance sensor, anemia detector, hydration sensor, …, particularly sensors to measure patient vital signs.”);
a location tracking module comprising at least one of a GPS receiver, a Bluetooth Low Energy transceiver, a Wi-Fi transceiver, or a cellular network triangulation module ([0027], “Thus, a reconfigurable patient monitor may be used to track a patient's progress and current condition (e.g., to monitor vitals), …, to track the patient's physical location (e.g., by GPS),”);
a wireless communication interface ([0074], “the system also includes one or more networked safety device controllers ("NSDCs"). An NSDC may be a controller to interact with a variety of devices, including medical devices such as infusion pumps and facility devices such as lighting. As mentioned above, one or more NSDCs may be integrated as part of a dynamically reconfigurable patient monitor, or the patient monitor may be configured to interface (wired or wirelessly) with one or more NSDC.”); and
a processor configured to transmit patient data, including the measured one or more patient vital signs and a location determined by the location tracking module, over a communication network to a server ([0040], “The processor 103 may also prepare the data for transmission via wired or wireless connection to an external device (e.g., an external client, a server, etc.).” [0047], “the reconfigurable patient monitor is worn by a patient to assist in the medical care of that patient. As mentioned above, the reconfigurable patient monitor may aggregate and funnel patient data from a variety of sources and store the data or pass it on to a destination such as a client device or central server.”).
Although Gao teaches triaging using patient data ([0116], “A triage or priority rank can be dynamically determined for each patient monitor, so that information from that patient monitor (and, in some cases, information sent to that patient monitor) is associated with that priority rank to prioritize transmission at each node in the network.”), Gao does not explicitly teach a server-based digital triage system that determines a triage state of the patient from the transmitted patient data and displays the patient within a virtual incident environment.
However, Malaviya does teach a server-based digital triage system that determines a triage state of the patient from the transmitted patient data ([0078], “There are various applications for the system 200, including the generation of multi-dimensional dynamic map data structures (which may also be referred to as maps herein),… triaging and/or prioritizing traffic based on severity, adverse incident tracking, etc.” [0125], “The device interface unit 212 may be provided so that the system 200 may communicate with various types of devices, such as medical equipment, tablet computers, beacons, etc.” [0064], “At 504, as various conditions change, the contextual profile may be updated for the patient. For example, positive/negative test results may be obtained, the patient's condition may be deteriorating, the patient's blood pressure is decreasing, the patient's heart rate is increasing, etc. An overall risk score may be maintained by the risk identification unit 218 and regularly updated as conditions change over time.” [0064], “a risk level may be captured in a representative score that is determined through analysis of past data and predictive data generated by a healthcare computing backend.”) and
displays the patient within a virtual incident environment ([0006], “superimposing a facility map and the at least one generated electronic map structure storing the current locations of the one or more individuals as nodes” [0044], “the electronic position information of one or more individuals (e.g., patients) within a healthcare facility” [0044], “The client computing devices may track, for example, the electronic position information of one or more individuals (e.g., patients) within a healthcare facility using various location tracking techniques”).
Gao in view of Malaviya are considered analogous to the claimed invention because they are in the field of patient tracking. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gao with Malaviya for the advantage of providing “improved … risk identification” (Malaviya; [0033]).
Regarding claim 18, Gao in view of Malaviya teaches the wearable device of claim 17. Gao further teaches wherein the one or more biometric sensors comprise at least one of: a heart rate sensor; a blood pressure sensor; an oxygen saturation sensor; a respiration rate sensor; and a temperature sensor ([0030], “The patient data inputs 101 of FIG. 1A are connected to the data collectors 107... For example, a data input may be an input for a sensor 150 (e.g., a pulse oximeter, an ECG, heart rate sensor, an EEG, a blood pressure sensor, a temperature sensor, a CO.sub.2 sensor, a respiration sensor, a glucose sensor, a skin resistance sensor, anemia detector, hydration sensor, …, particularly sensors to measure patient vital signs.”).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Malaviya (US 20170024531) in view of Juarez (US 20240087254) further in view of Udani (US 20120323590).
Regarding claim 19, Malaviya teaches a server system for emergency incident command that supports one or more first responders responding to one or more patients ([0040], “the system 200 is configured to operate in the context of a healthcare incident management (HIM) system used for healthcare risk management” [0095], “The system 200 may be provided in various forms using particularly configured hardware, and includes electronic implementation through the use of various computing equipment, such as servers, data storage devices, processors, interfaces, non-transitory computer readable memory, etc.”), comprising one or more processors configured to:
generate a interface virtual incident map that models a physical environment of an emergency incident and displays a virtual representation of the one or more patients ([0005], “generating a visualization of the at least one electronic map structure; and updating, in real-time, the visualization as the one or more contextual digital profiles are updated or generated” [0115], “Pathways may be electronic representations of physical pathways in healthcare organizations, and may represent physical elements such as hallways, corridors, steps, stairs, conveyance means, rooms, courtyards, doorways, etc.” [0118], “a relatively accurate 3D model of a facility (e.g., a hospital) may be generated”);
provide real-time patient tracking ([0044], “The client computing devices may track, for example, the electronic position information of one or more individuals (e.g., patients) within a healthcare facility using various location tracking techniques”);
provide biometric data visualization of one or more vital signs of the one or more patients ([0007], “generating an electronic map visualization of the initial practitioner location-contextualized electronic map structure wherein the re-weighted approximated probabilistic risk levels corresponding to each node are continuously monitored and a visual representation of the re-weighted approximated probabilistic risk level of each node is automatically resized or recolored based on the magnitude of the re-weighted approximated probabilistic risk level of the node.” [0181], “At 504, as various conditions change, the contextual profile may be updated for the patient. For example, positive/negative test results may be obtained, the patient's condition may be deteriorating, the patient's blood pressure is decreasing, the patient's heart rate is increasing, etc. An overall risk score may be maintained by the risk identification unit 218 and regularly updated as conditions change over time.”). Under the broadest reasonable interpretation, Examiner interprets visualization of risk level, which is derived from vital sign data, to encompass biometric data visualization.
and provide predictive analytics capabilities ([0053], “This risk level may be determined, for example, based on machine-learned and/or tracked event data associated with a propensity to create risk, and may be weighted based on risk severity (e.g., of an adverse health outcome).” [0082], “machine-learning and/or neural network techniques are utilized to determine and/or probabilistically estimate the strength of relationships (e.g., through correlations, cross-correlations) as there are a large number of variables whose relationships with one another is not entirely known” [0172], “the system 200 may be configured to perform machine-based learning techniques and analyses to heuristically assess probabilities of infection.”).
Malaviya does not teach wherein interface virtual incident map displays a virtual representation of the one or more first responders;
transmitting a the virtual incident map to a holographic display interface comprising a head- mounted display; and
tracking of the virtual representation of the one or more first responders within the virtual incident map based on location data received from one or more user equipment as the one or more first responders navigate the physical environment.
However, Juarez does teach interface virtual incident map displays a virtual representation of the one or more first responders ([0058], “A display object may include any graphic (e.g., a broken or solid line, arrow, etc.) that may be displayed on an electronic display of the security surveillance terminal 130 and/or the non-security terminal 140.” [0045], “Security surveillance responders may include public persons, groups, or entities. For instance, public security surveillance responders might include: a private security organization, …; a police department, a division of a police department (e.g., a task force, bomb squad, etc.), a person police officer or group of police officers; a fire department, a division of a fire department, a person fireman or group of firemen; …; or any other public entity, person, or group of persons designated as such, and the like.” [0075], “The virtual reality map may also display different objects, persons, incidents and areas in the real-time 3D visualizations with different colors, symbols, sounds, effects, labels, etc., according to the type of objects, events, environmental changes, incidents, and/or emergencies are present in the environment, and the current status of a person at a given moment in time.” [0085], “The virtual reality presentation 300 further displays all of the persons 316 and objects 318 in their respective locations on the particular floor of facility 310.”); and
tracking of the virtual representation of the one or more first responders within the virtual incident map based on location data received from one or more user equipment as the one or more first responders navigate the physical environment ([0083], “To monitor the locations of each device in a facility 310, including mobile devices such as security surveillance terminals 130 and non-security terminals 140, and facility devices such as non-terminal identification components 150, the SSS 100 may first detect one or more signals from each of the devices.” [0096], “Continuously monitoring the location of each identification marker 330 in the facility 310 allows the SSS 100 to more accurately determine the whereabouts and situational status of each person 316 in the facility 310.” [0074], “the SSS 100 may generate real-time 3D visualizations of one or more portions of the environment using the virtual reality generation component 228. As a non-limiting example, a real-time 3D visualization may display the layout of the entire environment, or a particular portion of the environment (i.e., a particular building in a campus, a floor of a building, a room on a particular floor of a building, etc.) with all of the structures, persons, objects, and incidents that are present in real-time in the particular floor of the environment at a given moment in time.”).
Malaviya in view of Juarez are considered analogous to the claimed invention because they are in the field of incident management. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Malaviya with Juarez for the advantage of “determin[ing] the whereabouts and situational status of each person 316 in the facility” (Juarez; [0096]).
Malaviya in view of Juarez does not teach transmitting a the virtual incident map to a holographic display interface comprising a head- mounted display.
However, the combination of Malaviya in view of Udani does teach transmitting a the virtual incident map to a holographic display interface comprising a head- mounted display (Udani, [0120], “The user interface device (240) of the hardware system (200) may be one or more of a monitor, computer screen, holographic screen,… A screenless display may comprise a visual image display (e.g., hologram, virtual reality goggles, heads up display), virtual retina display (e.g., retinal projector), or synaptic interface.” [0274], “the data collected on the eCompliance system (630) can be transmitted directly to the eSource system via near-field communication, wired transmission, or wireless transmission as previously described.” [0275], “Once the doctor or other clinical staff has access to the data collected on the eCompliance system (630), the data, video, holographic, audio, and still images can be reviewed” Malaviya, ([0039], “The system may be utilized, for example, to generate a 2D or 3D map structure based on the correlated data and contextual profiles. The system uses the generated map structure to create a visualization of the map structure for display as part of an interface.” [0043], “The system 200 may be provided in the form of backend networked devices that may be provided on-location at a healthcare environment, or off-location at an external location that is remotely coupled to the healthcare environment, or a combination thereof linked by a system interface. For example, the networked devices may include computational backend servers residing in a healthcare data center (or, in some embodiments, as distributed networked computing resources that reside in a cloud-type infrastructure) that act in concert with one or more client computing devices.”). It would be obvious to one of ordinary skill in the art that substituting the functionality of transmitting the virtual incident environment to a user device for display of Malaviya with the head-mounted holographic display interface that displays received information of Udani would result in the claimed limitation.
Malaviya in view of Juarez further in view of Udani are considered analogous to the claimed invention because they are in the field of incident management. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Malaviya in view of Juarez with Udani for the advantage of providing a “screenless display” (Udani; [0120]).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Malaviya (US 20170024531) in view of Juarez (US 20240087254) further in view of Udani (US 20120323590) further in view of Simoes-Marques (Simoes-Marques; Mario, Disaster Management Support System Prototype Design Evolution Based on UX Testing, 5 Jun 2019, Advances in Human Factors and Systems Interaction).
Regarding claim 20, Malaviya in view of Juarez further in view of Udani teaches the system of claim 19. Malaviya further teaches the system further comprising:
heat mapping functionality for patient data analysis ([0055], “Information stored on contextual profiles may be used to, for example, develop a heat map of spreading disease in real-time which may be overlaid on top of spatial maps, etc. Various types of analyses can be performed using other disparate sets of data, such as the attributes of the people or objects being tracked, the characteristics and set up of the location, the effect of sanitization protocols, etc.”); and
machine learning algorithms for health event prediction ([0053], “the risk identification unit 218 may be configured to utilize probabilistic models and/or predictive models that may be refined over time/repeated events to determine that a risk is present.” [0082], “machine-learning and/or neural network techniques are utilized to determine and/or probabilistically estimate the strength of relationships (e.g., through correlations, cross-correlations) as there are a large number of variables whose relationships with one another is not entirely known”).
Although Udani mentions eye-tracking ([0120], “The user interface device (240) of the hardware system (200) may be one or more of a monitor, …, eye tracking device”), Malaviya in view of Juarez further in view of Udani does not explicitly teach eye-tracking hardware configured to monitor commander interactions.
However, Simoes-Marques does teach eye-tracking hardware configured to monitor commander interactions (pg. 378, “During the tests, Pupil Labs’ eye tracking hardware and software was used… Gaze heatmaps were generated by Pupil Player for the defined surface, in this case the full screen in order to cover the complete application.” Pg. 381, “In this task users were asked to identify the number of incidents corresponding to injured people displayed in the map and the corresponding identification number.”).
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Malaviya in view of Juarez further in view of Udani further in view of Simoes-Marques are considered analogous to the claimed invention because they are in the field of incident management. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Malaviya in view of Juarez further in view of Udani with Simoes-Marques for the advantage of utilizing a system wherein “significant improvements were reached in terms of Usability, assessed in terms of efficiency and effectiveness” (Simoes-Marques; pg. 384).
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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/D.C./Examiner, Art Unit 3684
/KENNETH BARTLEY/Primary Examiner, Art Unit 3684
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