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 .
Election/Restrictions
Claims 2, 9-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected groups, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/11/2026. It is noted that claim 8 is drawn to the elected invention (omitted in the restriction requirement due to a clerical error), and claim 2 is rejoined given that the search has found that claim 2 is an obvious variant. Claims 1-8 are examined below, and the restriction is made final herein.
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.
It is noted that claims 1, 3-8 are considered eligible subject matter. The claims state that each module comprises at least one digital camera and processing circuitry, which cannot be interpreted as software elements. Furthermore, even if the claims were considered an abstract idea, claim 1 provides limitations that provide a practical application, i.e. medical data storage and retrieval.
Double Patenting
It is noted that, although U.S. Patent 12403056, claims 1, 5 and 7 contain similar subject matter to that of claim 1 of the instant application, claim 1 contains additional information including the limitations regarding two or more modules to a currently interfacing module….currently interfacing module” (last 7 lines of the claim). Therefore, there is no double patenting rejection.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites the limitation “the patient data set” in the second to last line. The applicant previously claims “a patient data set” twice, so it is unclear as to which patient data set the applicant is referring to.
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.
Claims 1, 4-8 are rejected under 35 U.S.C. 103(a) as being unpatentable over U.S. Patent Application Publication NO. 20170185717 (Williams) in view of U.S. Patent Application Publication No.2022001235 (Davison et al).
Regarding claim 1, Williams et al discloses an automated data consolidation module including a system to receive and record data produced by electronic and electromechanical medical equipment (fig. 1), the automated data consolidation module comprising: a module, i.e. and ipad (fig. 1, item 100, page 4, paragraph 45); and at least one portable digital camera configured to produce digital data, a camera (page 4, paragraph 45); processing circuitry in wired or wireless electrical communication with the portable digital camera to receive the digital data, wherein the digital data is automatically delivered to the processing circuitry and software, i.e. the processing system (page 4, paragraphs 44-45), and wherein the processing circuitry and software is configured to interpret the digital data by: performing artificial intelligence (AI) analysis (fig. 8a) to identify specific visual elements of an image of the digital data, i.e. the matched decoded captured image (fig. 8a, item 713) by matching a subject image of the digital data (fig. 8a, item 705) to known images stored in an image library, the GUDID (fig. 8a, item 713), to create identified matched specific visual elements of the image, the matched decoded captured image (fig. 8a, item 713), wherein the matched identified specific visual elements of the image show an operating parameter of a medical item or device performing dose events or the specific visual elements of the image that show a measurement of a response event, (i.e. response event from capturing image data and starting the process of fig. 8a); add time stamps or other indicators of time to the identified specific visual elements by adding the information to the EHR/EMR system (fig. 8a, item 717, page 3, paragraph 40), or the other databases of fig. 8a, item 720, 721 (page 7, paragraph 69) which includes indicators of time (page 7, paragraph 68) so that the digital data can be temporally correlated during subsequent big data or clinical decision support analysis (page 7, paragraph 69, fig. 8a, item 721), and automatically save information provided by the matched specific visual elements of the image or the image itself to an electronic record or database (fig. 8a, item 721, 720, 717).
Williams et al does not disclose expressly modules are part of a network of automated data consolidation modules, the network of modules comprising two or more modules, wherein the two or more modules are in electronic communication with each other forming the network of automated consolidation modules, wherein the two or more modules are configured to sequentially interface with a patient as the patient passes through a healthcare institution, and wherein the two or more modules are configured to communicate directly with each other through the network as the patient passes through the healthcare institution; wherein the two or more modules are configured to directly transfer a patient data set through the network of two or more modules to a currently interfacing module of the two or more modules when the currently interfacing module is interfacing with the patient from a previously interfacing module of the two or more modules after the previously interfacing module interfaces with the patient, and wherein the two or more modules are configured to transmit the patient data set by bypassing an electronic medical record of the healthcare institution while transferring patient data from the previously interfacing module to the currently interfacing module.
Davison et al discloses modules (fig. 1, items 130) are part of a network of automated data consolidation modules (fig. 1), the network of modules comprising two or more modules (fig. 1, item 130-1-130-n), wherein the two or more modules are in electronic communication with each other forming the network of automated consolidation modules (fig. 1), wherein the two or more modules are configured to sequentially interface with a patient as the patient passes through a healthcare institution (fig. 3B, page 6, paragraph 49, patient moves to different modules), and wherein the two or more modules are configured to communicate directly with each other through the network as the patient passes through the healthcare institution (fig. 3B, fig. 4f); wherein the two or more modules are configured to directly transfer a patient data set through the network of two or more modules (fig. 4F, item 400) to a currently interfacing module of the two or more modules (fig. 4F, P1”) when the currently interfacing module is interfacing with the patient from a previously interfacing module of the two or more modules after the previously interfacing module interfaces with the patient (fig. 4F, P1), and wherein the two or more modules are configured to transmit the patient data set (fig. 4F, item 436) by bypassing an electronic medical record of the healthcare institution (fig. 4F, bypasses item 423) while transferring patient data from the previously interfacing module to the currently interfacing module (fig. 4F, item 436).
Williams and Davison et al are combinable because they are from the same field of endeavor, i.e. medical data collection.
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to use a direct communication to transfer data.
The suggestion/motivation for doing so would have been to provide a more secure system by not relying on the database system.
Therefore, it would have been obvious to combine the module of Williams with network of modules of Davison et al to obtain the invention as specified in claim 1.
Regarding claim 4, Davison et al discloses the two or more modules are locatable at patient care locations throughout an institutional healthcare setting, including one or more of an operating room (OR), i.e. surgical center (page 3, paragraph 26), an emergency department (ED), i.e. emergency room (page 3, paragraph 26), an intensive care unit (ICU), a ward, a radiology department, i.e. imaging center (page 3, paragraph 25), a physical therapy department, a laboratory, and a long-term care department, i.e. nursing home (page 3, paragraph 26).
Regarding claim 5, Davison et al discloses the two or more modules are configured to interface with a patient as the patient passes through the healthcare institution (Page 6, paragraph 49), and wherein the two or more modules are configured to communicate with each other through the network of automated consolidation modules (fig. 1, fig. 4F).
Regarding claim 6, Davison et al discloses the two or more modules are configured to: determine a first module of the two or more modules with which the patient is interfacing by determining the second location of the patient and their data being entered (fig. 4F, item 433); determine a second module of the two or more modules with which the patient was interfacing, i.e. where the patient was previously (fig. 4F, item 413); determine whether the first module has received a patient data set associated with the patient from the second module (by determining that a copy on request operation should be carried out as described on page 8, paragraph 63); and transmit the patient data set from the second module to the first module when the first module has not received the patient data set from the second module (fig. 4F, item 436).
Regarding claim 7, Davison et al discloses the two or more modules in electronic communication with each other forming the network of automated consolidation modules can periodically transfer consolidated data from a patient, to the electronic medical record of the healthcare institution for storage (fig. 4F, item 444, 416).
Regarding claim 8, Davison et al discloses the two or more modules are configured to operate as nodes in batch computing (fig. 1) and are configured to cooperate to break big computing tasks into multiple smaller computing tasks (fig. 4F- multiple tasks carried out in each node, 413, 433, 423).
Claims 2 and 3 are is rejected under 35 U.S.C. 103(a) as being unpatentable over Williams et al in view of Davison et al, as applied to claim 1 above, and further in view of U.S. Patent Application Publication No. 20190123998 (Baumgartl et al).
Regarding claim 2, Williams et al (as modified by Davison et al) discloses all of the claimed elements as set forth above and incorporated herein by reference.
Williams et al (as modified by Davison et al) does not disclose expressly the two or more modules are connected by one or more hard wires to support electronic communications between the two or more modules.
Baumgartl et al discloses the two or more modules are connected by one or more hard wires to support electronic communications between the two or more modules (page 4, paragraph 34).
Williams et al (as modified by Davison et al) and Baumgartl et al are combinable because they are from the same field of endeavor, i.e. transfer of medical data.
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to use a wired communication.
The suggestion/motivation for doing so would have been to provide a more robust system by providing a means to communicate.
Therefore, it would have been obvious to combine the network of Williams et al (as modified by Davison et al) with the wired communication of Baumgartl et al to obtain the invention as specified in claim 2
Regarding claim 3, Baumgartl et al discloses the two or more modules are configured to wirelessly communicate therebetween (page 4, paragraph 34).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHLEEN YUAN DULANEY whose telephone number is (571)272-2902. The examiner can normally be reached M1:9am-5pm, th1:9am-1pm, fri1 9am-3pm, m2: 9am-5pm, t2:9-5 th2:9am-5pm, f2: 9am-5pm.
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/KATHLEEN Y DULANEY/Primary Examiner, Art Unit 2666 2/25/2026