CTNF 19/268,711 CTNF 83369 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION The instant application having Application No. 19/268,711 has a total 20 claims pending in the application; there are 3 independent claims and 17 dependent claims all of which are ready for examination by the Examiner. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 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 non-statutory subject matter. Claims 1, 15 and 20 appears to be directed to an abstract idea without reciting additional limitations that tie it to a practical application or without reciting additional limitations that amount to significantly more than the abstract idea. One can mentally generate graph with nodes for spaces in a building as well as assets that are contained within those spaces. Then one can also mentally associate and classify senor readings and generate relationships between spaces, assets and sensors. The additional limitations are receiving data. These additional limitations are mere data gathering which are insignificant extra solution activities under step 2A prong II and well understood routine and conventional under step 2B (For Berkhiemer See MPEP 2106.05(d)(II) Versata.) Step 2A, Prong One : Mathematical Concepts Independent claims 1, 9, and 17 are directed to transfer medical data from medical devices to a remote server. Receiving, from a client computing system to which the removeable data storage device is connected, medical data stored on the removeable device; [0043] As discussed above, for security reasons, medical devices are often offline with respect to a remote server and are prevented from directly communicating with the remote server through a network interface to offload medical data. Simply transferring the medical data from the medical device to a portable, temporary storage such as a removable data storage device, from which the temporarily stored medical data can be ported to the remote server is insufficient and cumbersome. Therefore, there exists a need for users to use a removable data storage device to efficiently and securely transfer medical data from the medical device to the remote server. Generating a command file comprising information associated with a status of reception of the medical data; Causing the command file to be written to the removeable data storage device [0044] In some embodiments, the medical device can track transfer statuses of medical data stored on a local storage of the medical device. A transfer status assigned to a data portion may inform the medical device of whether the data portion needs to be transferred, has been transferred, or has been successfully ingested at the remote server. The use of transfer statuses may reduce the burden on users and provide a more robust and efficient data transfer process. Additionally, the medical device can use information, e.g., one or more metadata files, stored on the removable data storage device in conjunction with the tracked transfer statuses to determine which portions of the stored medical data should be transferred to a physically coupled removable data storage device, as will be further described below. For example, the information may include commands read from a command file identified using the one or more metadata files. Such an implementation for the medical device could further increase usability by minimizing operator actions because users would not be required to manually select portions of the stored medical data to be transferred. The claim is directed to an abstract idea. Step 2A Prong Two and Step 2B Use of processors to receive, generate would constitute use of a generic computer used as tool to implement the abstract idea discussed above. The step of receiving data associated with a building constitutes an insignificant extra-solution activity in the form of mere data gather, see MPEP 2106.05(g) i. Performing clinical tests on individuals to obtain input for an equation, In re Grams, 888 F.2d 835, 839-40; 12 USPQ2d 1824, 1827-28 (Fed. Cir. 1989); 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. Claims 2-14, 16-19 are rejected under 35 USC 101 because as they depend from independent claims 1 and 15. Which is directed to a judicial exception without significantly more. The additional limitation of claim 2 “wherein the medical data comprises a plurality of data portion and tracking which data portions of the plurality of data portion should be re-transferred to the remote server”, claim 3 “wherein generating the command file comprises updating a previously created command file”, claims 4, 5 “wherein the information associated with the status of reception of the medical data indicates that at least a portion of the medical data was not ingested, and should not be retransferred to the remote server”, claim 6 “wherein causing the command file to be written to the removeable data storage device comprises overwriting or deleting a previous command file store on the removeable”, claim 7 “the command file comprises an instruction to delete the medical data”, claim 8 “the medical data comprises data associated with use of a medical device”, claim 9 “the medical data comprises a sensor reading of a vital sign of a patient, an image of a portion of the patient, a video of a medical procedure patient, demographic information about the patient or information entered by a medical practitioner”, claim 10 “the removable data storage device is a USB flash drive, CD, a DVD or an external hard drive disk”, claim 11 “wherein receiving medical data store device comprises receiving one or more data-tracking files”, claim 12 “receiving a pre-transfer version of a data-tracking file and a post-transfer version of the data-tracking file; and comparing the pre-transfer version of the data-tracking file and the post-transfer version of the data-tracking file”, claim 13 “determining that the pre-transfer version of the data-tracking file does not match the post-transfer version of the data-tracking file; and determining that an error occurred during transfer of the medical data to the remote server”, claim 14 “generating the command file comprising information associated with the status of reception of the medical data comprises generating a command file to request re-transfer of a portion of the medical data” constitutes insignificant extra solution activity and does not integrate the abstract idea into a practical application. The limitation is merely a generic implement using a computer and does not amount to significantly more than the abstract idea. Accordingly claims 1-20 are found to be directed to a patent ineligible abstract idea. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 1, 6-11, 15-16, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ching (U.S. Pub No. 2008/0133269 A1), and in view of Shoji et al (U.S. Pub No. 2009/0193524 A1) . As per claim 1, Ching discloses a method for transferring medical data from a removable data storage device to a remote server, comprising, at the remote server: receiving, from a client computing system to which the removable data storage device is connected, medical data stored on the removable data storage device (par [0065-0066, 0072-0074]); Ching does not explicitly disclose generating a command file comprising information associated with a status of reception of the medical data; and causing the command file to be written to the removable data storage device. However, Shoji discloses generating a command file comprising information associated with a status of reception of the medical data; and causing the command file to be written to the removable data storage device (par [0049]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as disclosed in Shoji into the teachings of Ching in order to track and monitor accessing files and data (Par [0001]). As per claim 6, Ching discloses the method of claim 1, wherein causing the command file to be written to the removable data storage device comprises overwriting or deleting a previous command file stored on the removable data storage device (par [0064, 0067-0069]). As per claim 7, Ching discloses the method of claim 1, wherein the command file comprises an instruction to delete the medical data stored on the removable storage device (par [0064, 0067-0069]). As per claim 8, Ching discloses the method of claim 1, wherein the medical data comprises data associated with use of a medical device (par [0069]). As per claim 9, Ching discloses the method of claim 1, wherein the medical data comprises a sensor reading of a vital sign of a patient, an image of a portion of the patient, a video of a medical procedure on the patient, demographic information about the patient, or information entered by a medical practitioner (Par [0061, 0069]). As per claim 10, Ching discloses the method of claim 1, wherein the removable data storage device is a USB flash drive, a CD, a DVD, or an external hard drive disk (Par [0030, 0033]). As per claim 11, Ching discloses the method of claim 1, wherein receiving medical data stored on the removable data storage device comprises receiving one or more data-tracking files (Par [0080, 0082]). As per claim 15, Ching discloses a system for transferring medical data from a removable data storage device, the system comprising: one or more processors; memory; and one or more programs, wherein the one or more programs are stored in the memory and configured to be executed by the one or more processors, the one or more programs including instructions for (Par [0030]): receiving, from a client computing system to which the removable data storage device is connected, medical data stored on the removable data storage device (par [0065-0066, 0072-0074]); Ching does not explicitly disclose generating a command file comprising information associated with a status of reception of the medical data; and causing the command file to be written to the removable data storage device. However, Shoji discloses generating a command file comprising information associated with a status of reception of the medical data; and causing the command file to be written to the removable data storage device (par [0049]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as disclosed in Shoji into the teachings of Ching in order to track and monitor accessing files and data (Par [0001]). As per claim 16, Ching discloses the system of claim 15, wherein the system comprises the client computing system (par [0023]). As per claim 19, Ching discloses the system of claim 15, wherein causing the command file to be written to the removable data storage device comprises overwriting or deleting a previous command file stored on the removable data storage device (par [0064, 0067-0069]). As per claim 20, Ching discloses a non-transitory computer-readable storage medium comprising one or more programs for transferring medical data from a removable data storage device to a remote server, wherein the one or more programs, when executed by the one or more processors, cause the one or more processors to perform operations comprising: receiving, from a client computing system to which the removable data storage device is connected, medical data stored on the removable data storage device (par [0065-0066, 0072-0074]); Ching does not explicitly disclose generating a command file comprising information associated with a status of reception of the medical data; and causing the command file to be written to the removable data storage device. However, Shoji discloses generating a command file comprising information associated with a status of reception of the medical data; and causing the command file to be written to the removable data storage device (par [0049]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as disclosed in Shoji into the teachings of Ching in order to track and monitor accessing files and data (Par [0001]) . 07-21-aia AIA Claim (s) 2-4,5, 12-14, 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ching (U.S. Pub No. 2008/0133269 A1), and Shoji et al (U.S. Pub No. 2009/0193524 A1), and further in view of LeFevre et al (U.S. Pub No. 2018/0011886 A1) . As per claim 2. Ching discloses the method of claim 1, wherein the medical data comprises a plurality of data portions, and the method comprises (Par [0066, 0072-0074]). Ching and Shoji do not explicitly disclose tracking which data portions of the plurality of data portions should be re-transferred to the remote server. However, LeFevre discloses tracking which data portions of the plurality of data portions should be re-transferred to the remote server (Par [0014-0015]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as discloses in LeFevre into the teachings of Ching as modified by Shoji in order to update the final status to reflect data (Par [0014]). As per claim 3, Shoji discloses the method of claim 1, wherein generating the command file (Par [0049]). Ching and Shoji do not explicitly disclose wherein generating the command file comprises updating a previously created command file. However, LeFevre discloses wherein generating the command file comprises updating a previously created command file (par [0014, 0030]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as discloses in LeFevre into the teachings of Ching as modified by Shoji in order to update the final status to reflect data (Par [0014]). As per claim 4, Ching discloses the method of claim 1, wherein the information associated with the status of reception of the medical data (par [0065-0066]). Ching and Shoji do not explicitly disclose the data indicates that at least a portion of the medical data was not ingested by the remote server. However, LeFevre discloses disclose the data indicates that at least a portion of the medical data was not ingested by the remote server (par [0029]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as discloses in LeFevre into the teachings of Ching as modified by Shoji in order to update the final status to reflect data (Par [0014]). As per claim 5, Shoji discloses the method of claim 1, wherein the information associated with the status of reception of the medical data (par [0065-0066]). Ching and Shoji do not explicitly the data disclose indicates that at least a portion of the medical data should be re-transferred to the remote server. However, LeFevre discloses the data disclose indicates that at least a portion of the medical data should be re-transferred to the remote server (par [0029]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as discloses in LeFevre into the teachings of Ching as modified by Shoji in order to update the final status to reflect data (Par [0014]). As per claim 12, LeFevre discloses the method of claim 11, comprising: receiving a pre-transfer version of a data-tracking file and a post-transfer version of the data-tracking file; and comparing the pre-transfer version of the data-tracking file and the post-transfer version of the data-tracking file (Par [0014, 0028-0031]). As per claim 13, LeFevre discloses the method of claim 12, comprising: determining that the pre-transfer version of the data-tracking file does not match the post-transfer version of the data-tracking file; and determining that an error occurred during transfer of the medical data to the remote server (Par [0014, 0028-0031]). As per claim 14, Ching discloses the method of claim 13, wherein generating the command file comprising information associated with the status of reception of the medical data comprises generating a command file to request re-transfer of at least a portion of the medical data (Par [0066, 0072-0074]). Ching and Shoji do not explicitly discloses request re-transfer of at least a portion of the medical data. However, LeFevre discloses request re-transfer of at least a portion of the medical data (Par [0014-0015]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as discloses in LeFevre into the teachings of Ching as modified by Shoji in order to update the final status to reflect data (Par [0014]). As per claim 17, Ching discloses the system of claim 15, wherein the medical data comprises a plurality of data portions, and the one or more programs include instructions for (Par [0066, 0072-0074]). Ching and Shoji do not explicitly disclose tracking which data portions of the plurality of data portions should be re-transferred to the remote server. However, LeFevre discloses tracking which data portions of the plurality of data portions should be re-transferred to the remote server (Par [0014-0015]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as discloses in LeFevre into the teachings of Ching as modified by Shoji in order to update the final status to reflect data (Par [0014]). As per claim 18, Ching discloses the system of claim 15, wherein the information associated with the status of reception of the medical data (par [0065-0066]). Ching and Shoji do not explicitly the data disclose indicates that at least a portion of the medical data should be re-transferred to the remote server. However, LeFevre discloses the data disclose indicates that at least a portion of the medical data should be re-transferred to the remote server (par [0029]). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to incorporate the features as discloses in LeFevre into the teachings of Ching as modified by Shoji in order to update the final status to reflect data (Par [0014]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to THU N NGUYEN whose telephone number is (571)270-1765. The examiner can normally be reached Monday to Friday from 9:30AM-6:00PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boris Gorney can be reached at 571-270-5626. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. May 15, 2026 /THU N NGUYEN/Examiner, Art Unit 2154 Application/Control Number: 19/268,711 Page 2 Art Unit: 2154 Application/Control Number: 19/268,711 Page 3 Art Unit: 2154 Application/Control Number: 19/268,711 Page 4 Art Unit: 2154 Application/Control Number: 19/268,711 Page 5 Art Unit: 2154 Application/Control Number: 19/268,711 Page 6 Art Unit: 2154 Application/Control Number: 19/268,711 Page 7 Art Unit: 2154 Application/Control Number: 19/268,711 Page 8 Art Unit: 2154 Application/Control Number: 19/268,711 Page 9 Art Unit: 2154 Application/Control Number: 19/268,711 Page 10 Art Unit: 2154 Application/Control Number: 19/268,711 Page 11 Art Unit: 2154 Application/Control Number: 19/268,711 Page 12 Art Unit: 2154
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