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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 11,935,656. Although the claims at issue are not identical, they are not patentably distinct from each other because they both claimed the same subject matter. See mapping below.
U.S. Pat. Application No. 19/322,587
U.S. Pat. No. 11,935,656
1. A medical data system for generating patient treatment instructions, the system comprising: an automated diagnostic and treatment system utilizing machine learning that processes patient information and calculates treatment plans associated with illnesses that have been identified from a set of potential illnesses based on patient information and diagnostic data, the automated diagnostic and treatment system having an input that receives patient information and the diagnostic data from at least one of a patient, medical staff, doctor, a medical history database and automated system;
wherein the automated diagnostic and treatment system further generates at least one treatment option related to at least one illness within the set of potential illnesses;
a doctor interface station coupled to the automated diagnostic and treatment system, the doctor interface station provides a doctor the at least one treatment option and the at least one illness; and
a database storing electronic health care records, the database being updated based on the at least one illness and the at least one treatment option, the updated health care record being automatically updated in a preferred electronic health care record format.
1. A medical data system for generating patient treatment instructions, the system comprising: an automated diagnostic and treatment system utilizing machine learning that processes patient information and calculates treatment plans associated with illnesses that have been identified from a set of potential illnesses based on patient information and diagnostic data, the automated diagnostic and treatment system having an input that receives patient information and the diagnostic data from at least one of a patient, medical staff, doctor, a medical history database and automated system;
wherein the automated diagnostic and treatment system further generates at least one treatment option based on the set of potential illnesses, the diagnostic data and the patient information;
a doctor interface station coupled to the automated diagnostic and treatment system via a cloud-based interface, the doctor interface station provides a doctor the calculated treatment plans and associated illnesses, the doctor interface station further providing an interface that allows a doctor to select a potential illness within the set of potential illnesses and a treatment option within the at least one treatment option; and
a database storing electronic health care records, the database being automatically updated based on the doctor-selected potential illness and doctor-selected treatment, the updated health care record being automatically updated in a preferred electronic health care record format.
2. The medical data system according to claim 1, wherein the automated diagnostic and treatment system suggests a level of exam to the doctor based on the set of potential illnesses.
2. The medical data system according to claim 1, wherein the automated diagnostic and treatment system suggests a level of exam to the doctor based on the set of potential illnesses.
3. The medical data system according to claim 1, wherein a cloud-based database stores the automatically updated electronic health care record.
3. The medical data system according to claim 1, wherein a cloud-based database stores the automatically updated electronic health care record.
4. The medical data system according to claim 3, wherein the updated electronic health record comprises an updated treatment code.
4. The medical data system according to claim 3, wherein the updated electronic health record comprises an updated treatment code.
5. The medical data system according to claim 1 wherein at least one trust score is generated with at least one potential illness within the set of potential illnesses.
5. The medical data system according to claim 11 wherein at least one trust score is generated with at least one potential illness within the set of potential illnesses.
6. The medical data system of claim 1 wherein at least one of a prescription and lab test request are automatically generated based one or more of the at least one illness and the at least one treatment option.
6. The medical data system of claim 1 wherein at least one of a prescription and lab test request are automatically generated based on the selected potential illness, patient information and diagnostic data.
7. The medical data system according to claim 1 wherein the automated diagnostic and treatment system receives diagnostic data from an automated medical instrument used by a patient and guided by a visual computer system.
7. The medical data system according to claim 1 wherein the automated diagnostic and treatment system receives diagnostic data from an automated medical instrument used by a patient and guided by a visual computer system.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Patel (US 2022/0044802) discloses a system for remote medical care.
-Avendi et al. (US 2019/0355149) discloses a system for navigation to a target anatomical object in medical imaging-based procedures.
-Reed et al. (US 2014/0164022) discloses a patient direct healthcare system.
-Robertson (US 2011/0144451) discloses a system for providing remote healthcare services.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOAN NGOC PHAM whose telephone number is (571)272-2967. The examiner can normally be reached M - F (7 AM - 3:30 PM).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Quan-Zhen Wang can be reached at (571) 272-3114. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOAN N PHAM/ Primary Examiner, Art Unit 2685 9/18/26
