Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
This Office Action is the first action on the merits.
Claims 3-4, 6-7,10-11,14-15,17-22,25-28,30, 46, 48-59,61-62,65-80, 82-87,90,92-95,97-169 are cancelled
Claims 1-2,5,12,16,23-24,31,45,60,81,89,91,96 are amended
Claims 1-2,5,8-9,12-13,16,23-24,29,31,45,47,60,63-64,81,88-89, 91, 96 are pending
Priority
This Application claims priority to PCT Application PCT/US2024/021734 filed 37 March 2024 and Provisional Application No. 63455897 filed 30 March 2023.
Information Disclosure Statement
The Information Disclosure Statement(s) (lDS) submitted on 26 September 2025 is/are in compliance with the provisions of 37 CFR 1.97 and has/have been fully considered by the Examiner.
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 1-2,5,8-9,12-13,16,23-24,29,31,45,47,60,63-64,81,88-89,91 and 96 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.
Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
The claim recites an apparatus, which are within a statutory category.
Step 2A1
The limitations of:
Claim 1
obtain image data, wherein the image data comprises a sequence of images of performance of a medical procedure by at least one emergency medical services (EMS) caregiver,
analyze the image data to identify a set of steps corresponding to one or more medical procedures, wherein, for each respective step of at least a portion of the set of steps, the analyzing comprises
recognize, within the image data, used during a respective step of the set of steps,
identify, based at least in part on the set of steps, the medical procedure,
responsive to the identification, determine, based at least in part on the medical procedure, at least one first value of at least one first data field of the plurality of data fields,
and populate the at least one first data field of the ePCR with the at least one first value,
as drafted, is a process that, under the broadest reasonable interpretation, covers certain methods of organizing human activity (i.e., managing personal behavior including following rules or instructions) but for recitation of generic computer components. The claims encompass a series of rules or instructions for a person or persons to follow, with or without the aid of a computer, to automatically populating electronic patient care record data at an emergency medical scene in the manner described in the identified abstract idea, supra. The rules or instructions are the claimed steps of “obtaining, analyzing, recognizing, identifying, determining and populating” as indicated supra.
Other than reciting generic computer components (discussed infra), i.e., a system implemented by a data processor (computer), the claimed invention amounts to managing personal behavior or interaction between people. If a claim limitation, under its broadest reasonable interpretation, covers managing personal behavior or interactions between people but for the recitation of generic computer components, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Step 2A2
This judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements of a patient data charting apparatus comprising memory and processor that implements the identified abstract idea. The patient data charting apparatus comprising memory and processor are not described by the applicant and is recited at a high-level of generality (i.e., a generic computer performing generic computer functions) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim further recites the additional elements of a medical equipment item and image capture device. The medical equipment item and image capture device merely generally links the abstract idea to a particular technological environment or field of use. MPEP 2106.04(d)(I) indicates that generally linking an abstract idea to a particular technological environment or field of use cannot provide a practical application. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application.
Step 2B
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using a patient data charting apparatus comprising memory and processor to perform the noted steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept (“significantly more”).
Also, as discussed above with respect to integration of the abstract idea into a practical application, the additional element of a medical equipment item and image capture device was determined to generally link the abstract idea to a particular technological environment or field of use. This has been re-evaluated under the “significantly more” analysis and has also been found insufficient to provide significantly more. MPEP 2106.05(A) indicates that generally linking an abstract idea to a particular technological environment or field of use cannot provide significantly more. As such the claim is not patent eligible.
Claims 2,5,8-9,12-13,16,23-24,29,31,45,47,60,63-64,81,88-89,91 and 96 are similarly rejected because they either further define/narrow the abstract idea and/or do not further limit the claim to a practical application or provide as inventive concept such that the claims are subject matter eligible even when considered individually or as an ordered combination.
Claim(s) 2 merely describe(s) analyzing images, which further defines the abstract idea.
Claim(s) 5 merely describe(s) recognizing medical equipment item, which further defines the abstract idea.
Claim(s) 8 merely describe(s) the medical equipment item, which further defines the abstract idea.
Claim(s) 9 merely describe(s) the medical procedures, which further defines the abstract idea.
Claim(s) 12 merely describe(s) the image capture device, which further defines the abstract idea.
Claim(s) 13 merely describe(s) the video image capture device, which further defines the abstract idea.
Claim(s) 12-13 also includes the additional element of “a video image capture device” which is analyzed the same as the “a image capture device” and does not provide a practical application or significantly more for the same reasons.
Claim(s) 16 merely describe(s) the image capture device, which further defines the abstract idea.
Claim(s) 23 merely describe(s) activating the image capture device, which further defines the abstract idea.
Claim(s) 24 merely describe(s) activating the image capture device, which further defines the abstract idea.
Claim(s) 29 merely describe(s) activating the image capture device, which further defines the abstract idea.
Claim(s) 31 merely describe(s) the patient charting device, which further defines the abstract idea.
Claim(s) 31 also includes the additional element of “a patient charting device comprising memory and processor” which is analyzed the same as the “a computing device” and does not provide a practical application or significantly more for the same reasons.
Claim(s) 45 merely describe(s) the organizational structure of ePCR, which further defines the abstract idea.
Claim(s) 47 merely describe(s) identifying data and data fields, which further defines the abstract idea.
Claim(s) 60 merely describe(s) analyzing image data, which further defines the abstract idea.
Claim(s) 63 merely describe(s) recognizing medical procedures, which further defines the abstract idea.
Claim(s) 64 merely describe(s) identifying the caregiver, which further defines the abstract idea.
Claim(s) 81 merely describe(s) coupling an interface to processor and a device, which further defines the abstract idea.
Claim(s) 81 also includes the additional element of “a network interface” which is analyzed the same as the “an image capture device” and does not provide a practical application or significantly more for the same reasons.
Claim(s) 81 also includes the additional element of “a separate computing device” which is analyzed the same as the “a patient data charting apparatus” and does not provide a practical application or significantly more for the same reasons.
Claim(s) 88 merely describe(s) determining success or failure of a medical procedure, which further defines the abstract idea.
Claim(s) 89 merely describe(s) determining success or failure of a medical procedure, which further defines the abstract idea.
Claim(s) 91 merely describe(s) determining success or failure of a medical procedure, which further defines the abstract idea.
Claim(s) 96 merely describe(s) the image capture device, which further defines the abstract idea.
Claim Rejections - 35 USC § 102
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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2,5,8-9,12-13,16,31,45,47,81,96 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MOGHADAM et al (US Publication No. 20220044772).
Regarding Claim 1
MOGHADAM teaches a patient data charting apparatus for automatically populating electronic patient care record (ePCR) data at an emergency medical scene, the patient data charting apparatus comprising:
a memory configured to store an ePCR comprising a plurality of data fields; and at least one processor configured to [MOGHADAM at Para. 0004 teaches the processor may be configured to identify the at least one unpopulated ePCR data field based on a medical protocol stored in the memory] obtain image data from one or more image capture devices, wherein the image data comprises a sequence of images of performance of a medical procedure by at least one emergency medical services (EMS) caregiver, analyze the image data to identify a set of steps corresponding to one or more medical procedures, wherein, for each respective step of at least a portion of the set of steps, the analyzing comprises [MOGHADAM at Para. 0154 teaches in some instances, the ePCR application 120 may identify resuscitation activities being performed by the caregiver 103 based on captured images from the camera 1710. For example, if the three-dimensional information and/or captured images show the caregiver's hands placed against the patient's chest, it may be determined that the caregiver 103 is providing chest compressions] recognize, within the image data, at least one medical equipment item used during a respective step of the set of steps, identify, based at least in part on the set of steps, the medical procedure [MOGHADAM at Para. 0152 teaches the image processing module 1834 may receive and process three dimensional information about the rescue scene, for example, to help identify one or more resuscitation activities being performed by the caregiver 103. For instance, a three-dimensional sensor may provide information about the positioning and size of objects relative to one another, though, images recorded by a digital camera may provide more definitive information for identifying particular objects, such as a medical device and/or other treatment equipment and devices, a rescuer, patient, etc], responsive to the identification, determine, based at least in part on the medical procedure, at least one first value of at least one first data field of the plurality of data fields, and populate the at least one first data field of the ePCR with the at least one first value [MOGHADAM at Para. 0007 teaches an example of patient data charting system for automated data capture by an electronic patient care record (ePCR) generated during a patient encounter with an emergency medical services (EMS) caregiver team according to the disclosure includes a memory storing an ePCR application and a stored ePCR including a plurality of ePCR data fields, at least one processor configured to execute the ePCR application, and augmented reality (AR) glasses including at least one input device communicatively coupled to the at least one processor and including a microphone configured to capture patient encounter information as audio input, one or more output devices communicatively coupled to the at least one processor and including a speaker and at least one display, wherein the at least one processor configured to execute the ePCR application may be configured to receive patient encounter information captured by the microphone, determine a plurality of ePCR data field values based on the patient encounter information, populate the plurality of ePCR data fields in the stored ePCR with the plurality of ePCR data field values, and generate one or more caregiver prompts based on the plurality of ePCR data field values, and control the one or more output devices to provide the one or more caregiver prompts].
Regarding Claim 2
MOGHADAM teaches the patient data charting apparatus of claim 1,
MOGHADAM further teaches wherein:
the at least one processor is further configured to analyze an initial one or more images of the sequence of images to recognize a precursor step performed prior to beginning the medical procedure [MOGHADAM at Para. 0144 teaches in an implementation, the caregiver 103 may activate the camera 1710 to capture an image of at least a portion of the body of a patient 101. The processor 1832 and/or the processor 132 may interpret the image to identify a medical condition. For example, based an image 1740 of the patient 101 with a severed limb, the ePCR application 120 may identify the injury as “trauma/severed limb” and populate a data field value for the “injury” data field of the stored ePCR. Alternatively or additionally, the caregiver 103 may supplement image information with spoken patient encounter information captured by the microphone 274 and provided to the ePCR application 120. The ePCR application 120 may populate data field values based on a combination of image and speech information from the AR glasses 255. Specific images may be captured that can be tied to text, class or numeric data fields. For instance, when entering data entry fields for injury observations such as “2 inch knife wound to right scapula”, the caregiver can speak the instruction, “Capture image” while the camera is aimed at the patient's right scapula attaches the image to the data entry field describing the injury for more detail];
and the precursor step comprises at least one of preparing a given medical equipment item of the at least one medical equipment item, or preparing a site on a patient's body [MOGHADAM at Para. 0113 teaches in another example, the first caregiver 1003a may attend to the patient first while the second caregiver 1003b prepares to ventilate the patient].
Regarding Claim 5
MOGHADAM teaches the patient data charting apparatus of claim 1,
MOGHADAM further teaches wherein recognizing the at least one medical equipment item comprises recognizing an identification marking on a given medical equipment item of the at least one medical equipment item, wherein the identification marking comprises at least one of a particular shape assigned to the given medical equipment item, a particular color assigned to the given medical equipment item, or a machine-readable code [MOGHADAM at Para. 0156 teaches in other examples, shape recognition algorithms may be applied to captured images to identify shapes of different objects (objects interpreted to include medical equipment)].
Regarding Claim 8
MOGHADAM teaches the patient data charting apparatus of claim 1,
MOGHADAM further teaches wherein the at least one medical equipment item comprises one or more of gloves, a 3-lead EKG, a 12-lead EKG, a cardiac monitor, a cardioverter, a central intravenous (IV) catheter, an IV bag, a defibrillator, tubing, a ventilator, a bag valve mask, a tourniquet, a splint, a backboard, a cervical collar, a gurney, gauze, an alcohol swab, or a nasal cannula [MOGHADAM at Para. 0104 teaches the medical device 170 is shown in FIG. 8 as a single device for simplicity. However, as shown in FIG. 9, the medical device 170 may include one or more medical devices including, for example, a defibrillator (e.g., an automated external defibrillator 170a), a patient monitor/defibrillator 170b, a patient monitor 170c, a first aid or trauma kit 170d, an automated compression device 170e, and a ventilator 170f].
Regarding Claim 9
MOGHADAM teaches the patient data charting apparatus of claim 1,
MOGHADAM further teaches wherein the one or more medical procedures comprises one or more of oxygen delivery, intravenous saline delivery, intravenous drug delivery, obtaining a set of vital physiological measurements, cricothyrotomy, nasal intubation, endotracheal intubation, or tourniquet application with infusion [MOGHADAM at Para. 0131 teaches the patient treatment may include a delivery of therapy, for example, a drug administration, an intubation, an administration of oxygen, CPR, a defibrillation shock, pacing, airway nebulizer, epinephrine, aspirin etc].
Regarding Claim 12
MOGHADAM teaches the patient data charting apparatus of claim 1,
MOGHADAM further teaches wherein at least one image capture device of the one or more image capture devices comprises a video image capture device [MOGHADAM at Para. 0154 teaches the camera 1710 may include one or more of a digital camera, RGB camera, digital video camera, red-green-blue sensor, and/or depth sensor for capturing visual information and static or video images of the rescue scene.].
Regarding Claim 13
MOGHADAM teaches the patient data charting apparatus of claim 12,
MOGHADAM further teaches wherein the video image capture device is a wearable device [MOGHADAM at Para. 0143 teaches the caregiver 103 may control the camera 1710 via audible and/or tactile signals. For example, the caregiver 103 may tap the camera 1710 and, in response, the camera 1710 may capture an image. As other examples, the caregiver 103 may activate the camera 1710 via a gesture to a virtual touchpad displayed on the lens 1405 of the AR glasses 155 and/or via an audible command captured by the microphone 274 (e.g., as shown in FIG. 2B) (AR glasses interpreted as a wearable device)].
Regarding Claim 16
MOGHADAM teaches the patient data charting apparatus of claim 1,
MOGHADAM further teaches wherein each image capture device of the one or more image capture devices is a) mounted in or on a medical transport vehicle, b) configured to be held or worn by a given caregiver of the at least one EMS caregiver, or c) mounted to or integrated into medical equipment [MOGHADAM at Para. 0143 (see Claim 13 for explanation)].
Regarding Claim 31
MOGHADAM teaches the patient data charting apparatus of claim 1,
MOGHADAM further teaches wherein:
a patient data charting device comprises the memory and one or more processors of the at least one processor [MOGHADAM at Para. 0008 teaches The at least one processor and the memory may be disposed on the AR glasses];
and the patient charting device is embodied in one or more of a smartphone, a tablet, a portable computing device, a wearable computing device or combinations thereof [MOGHADAM at Para. 0047 teaches the automated data capture may occur, for example, via wearable user interface devices, such as earpieces, watches, and/or glasses, that enable data capture from the caregiver via speech recognition and/or augmented reality gestures].
Regarding Claim 45
MOGHADAM teaches the patient data charting apparatus of claim 1,
MOGHADAM further teaches wherein:
an organizational structure of the ePCR comprises data field sections organized according to medical procedure categories; and the data field sections comprise one or more of a respiratory section or a cardiac section [MOGHADAM at Para. 0004 teaches the at least one ePCR data field may be in a cardiac arrest data section of the ePCR. The ePCR may be NEMSIS compliant and the at least one data field in the cardiac arrest data section of the ePCR may be an eArrest data field. The at least one ePCR data field may be in an airway data section of the ePCR. The ePCR may be NEMSIS compliant and the at least one data field in the airway data section of the ePCR may be an eAirway data field].
Regarding Claim 47
MOGHADAM teaches the patient data charting apparatus of claim 1,
MOGHADAM further teaches wherein the at least one processor is further configured to:
identify at least one second data field of the plurality of data fields as having a procedural relationship with the at least one first data field [MOGHADAM at Para. 0063 teaches the rules engine 116 may apply rules to first data fields and/or data field values in order to infer data field values for second data fields; MOGHADAM at Para. 0084 teaches as another example, the ePCR application 120 may infer a data field value of “not applicable” for one or more second data fields based on data field values for one or more first data fields];
and identify, based on the image data, at least one second value of the at least one second data field [MOGHADAM at Para. 0144 teaches the ePCR application 120 may populate data field values based on a combination of image and speech information from the AR glasses 255].
Regarding Claim 81
MOGHADAM teaches the patient data charting apparatus of claim 1,
MOGHADAM further teaches further comprising a network interface coupled to the at least one processor and configured to communicably couple to at least one separate computing device via a network [MOGHADAM at Para. 0047 teaches these other devices may transmit or otherwise provide information relevant to the patient encounter directly to the ePCR computing device via device-to-device and/or network communications], wherein the at least one separate computinq device comprises a first imaqe capture device of the one or more image capture devices [MOGHADAM at Para. 0142 teaches the camera 1710 is communicatively coupled to the processor 1832 and may be communicatively coupled to the processor 132 on the computing device 130. In various implementation, the processor 1832 may provide images and/or image interpretation to the processor 132].
Regarding Claim 96
MOGHADAM teaches the patient data charting apparatus of claim 1,
MOGHADAM further teaches further comprising at least one image capture device of the one or more image capture devices [MOGHADAM at Para. 0154 (see Claim 12 for explanation)].
Claim Rejections - 35 USC § 103
The Examiner notes that the rejection will reference the translated documents (attached) corresponding to any foreign documents recited in the rejection.
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 23-24,29 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over MOGHADAM et al (US Publication No. 20220044772) in view of Freeman et al (US Publication No. 20160324721).
Regarding Claim 23
MOGHADAM teaches the patient data charting apparatus of claim 1,
MOGHADAM does not teach wherein at least one image capture device of the one or more image capture devices is configured to activate image capture based on a detection of an emergency scene activity.
Freeman teaches wherein at least one image capture device of the one or more image capture devices is configured to activate image capture based on a detection of an emergency scene activity [Freeman at Para. 0107 teaches in particular, the cameras may scan either electronically through a field of view or mechanically to capture a new field of view, until a processor receiving data form a particular camera senses motion or items indicative of a victim being treated].
It would have been prima facie obvious skill in the art, at the time of effective filing, to combine apparatus of MOGHADAM with the detection of Freeman with the motivation to improve treatment outcomes.
Regarding Claim 24
MOGHADAM/Freeman teach the patient data charting apparatus of claim 23,
MOGHADAM/Freeman further teach wherein the at least one image capture device is configured to begin capturing the image data responsive to at least one of motion detection or an audible command [MOGHADAM at Para. 0143 (see Claim 13 for explanation)].
Regarding Claim 29
MOGHADAM/Freeman teach the patient data charting apparatus of claim 23,
MOGHADAM/Freeman further teach wherein:
the at least one processor is further configured to activate the at least one image capture device responsive to detecting arrival at a medical emergency scene [MOGHADAM at Para. 0077 teaches the caregiver 103 may secure an RFID tag or other near-field transceiver to the patient 101. The ePCR application 120 may recognize the entry of one or more of these RFID tags into the geofence around the ambulance 109 and automatically record a start of patient transport and initiate caregiver prompts associated with patient transport (interpreted to correspond with camera of Freeman)];
and detecting the arrival comprises analyzing global positioning system (GPS) signals [MOGHADAM at Para. 0075 teaches based on these geofences, the ePCR application 120 may automatically determine a time that the EMS crew arrived at the emergency scene, a time that the EMS crew left the emergency scene, and/or a time that the EMS crew arrived at the medical facility].
Claims 60,63-64,88,91 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over MOGHADAM et al (US Publication No. 20220044772) in view of Wolf et al (US Publication No. 10729502).
Regarding Claim 60
MOGHADAM teaches the patient data charting apparatus of claim 1,
MOGHADAM does not teaches wherein:
the at least one processor is further configured to identify, by analyzing the image data, one or more caregivers of the at least one EMS caregiver, wherein analyzinq the imaqe data comprises at least one of i) identifying, within the image data, a careqiver identification badge, or ii) performinq facial recognition on a portion of the image data to obtain facial recognition metrics and matchinq the facial recognition metrics to a particular careqiver of the at least one EMS careqiver.
Wolf teaches wherein:
the at least one processor is further configured to identify, by analyzing the image data, one or more caregivers of the at least one EMS caregiver, wherein analyzinq the imaqe data comprises at least one of i) identifying, within the image data, a careqiver identification badge, or ii) performinq facial recognition on a portion of the image data to obtain facial recognition metrics and matchinq the facial recognition metrics to a particular careqiver of the at least one EMS careqiver [Wolf at Para. 598 teaches “for example, a face recognition algorithm may be applied to image data to identify a known surgeon, and a corresponding level of skill may be retrieved from a data structure, such as a database”].
It would have been prima facie obvious skill in the art, at the time of effective filing, to combine apparatus of MOGHADAM with the facial recognition of Wolf with the motivation to improve outcomes of surgical procedures.
Regarding Claim 63
MOGHADAM/Wolf teaches the patient data charting apparatus of claim 60,
MOGHADAM/Wolf further teaches wherein recognizing the medical procedure comprises recognizing performance of at least a portion of a set of steps of the medical procedure by a particular caregiver of the at least one EMS caregiver [Wolf at Para. 157 teaches for example, the disclosed embodiments, may include analyzing video footage capturing performance of a procedure, performance of a particular technique, a decision made by the surgeon, or similar events].
Regarding Claim 64
MOGHADAM/Wolf teaches the patient data charting apparatus of claim 63,
MOGHADAM/Wolf further teaches wherein:
the at least one processor is further configured to determine, using an identification of the particular caregiver, a certification level, an employee level, and/or skill level of the particular caregiver [Wolf at Para. 598 teaches the surgeon's level of skill may be determined based on an analysis of image data, for example as described above. For example, a face recognition algorithm may be applied to image data to identify a known surgeon, and a corresponding level of skill may be retrieved from a data structure, such as a database];
and recognizing the medical procedure comprises matching the medical procedure to the certification level, the employee level, and/or the skill level of the particular careqiver [Wolf at Para. 236 teaches as used herein, a complexity level may be a value or other classifier indicating a relative complexity of a surgical procedure or portion of a surgical procedure. For example, the complexity may be based on a difficulty of the surgical procedure relative to other surgical procedures. The difficulty may be based on the surgeon skill level required to perform one or more techniques involved in the surgical procedure, a likelihood of occurrence of an adverse event (such as tear, a bleed, an injury, or other adverse events), a success rate of the surgical procedure, or any other indicator of difficulty of the procedure. Surgical procedures with higher relative difficulty levels may be associated with higher complexity levels].
Regarding Claim 88
MOGHADAM teaches the patient data charting apparatus of claim 1,
MOGHADAM does not teach wherein the at least one processor is further configured to determine, responsive to analyzing the image data at least one of success or failure of the medical procedure.
Wolf teaches wherein the at least one processor is further configured to determine, responsive to analyzing the image data at least one of success or failure of the medical procedure [Wolf at Para. 199 teaches the plurality of sets of surgical video footage may further include intraoperative surgical events, surgical outcomes, patient characteristics, surgeon characteristics, and intraoperative surgical event characteristics. Examples of such events, outcomes, and characteristics are described throughout the present disclosure. A surgical outcome may include outcomes of the surgical procedure as a whole (e.g., whether the patient recovered or recovered fully, whether patient was readmitted after discharge, whether the surgery was successful), or outcomes of individual phases or events within the surgical procedure (e.g., whether a complication occurred or whether a technique was successful)].
It would have been prima facie obvious skill in the art, at the time of effective filing, to combine apparatus of MOGHADAM with the success of Wolf with the motivation to improve outcomes of surgical procedures.
Regarding Claim 91
MOGHADAM/Wolf teaches the patient data charting apparatus of claim 88,
MOGHADAM/Wolf further teaches wherein determining the at least one of success or failure of the medical procedure comprises at least one of:
a) recognizing removal of at least one piece of medical equipment; b) recognizing an end point of the set of steps; or c) recognizing repetition of at least a portion of the set of steps [Wolf at Para. 172 teaches the historical information may identify, for example, a set of frames (e.g., using a starting frame number, a number of frames, an end frame number, etc.) of the surgical footage. The information may also include time information, such as a begin timestamp, an end timestamp, a duration, a timestamp range, or other information related to timing of the surgical footage].
Claim 89 is rejected under 35 U.S.C. 103(a) as being unpatentable over MOGHADAM, Wolf as applied to claim 88 above, and further in view of RAMADORAI et al (Foreign Publication WO-2020055707-A1).
Regarding Claim 89
MOGHADAM/Wolf teaches the patient data charting apparatus of claim 88,
MOGHADAM/Wolf does not teach wherein determining the at least one of success or failure of the medical procedure comprises calculating at least one timing of the medical procedure, wherein a first timing of the at least one timing corresponds to a length of time maintaining a piece of medical equipment in a position of therapeutic use.
RAMADORAI teaches wherein determining the at least one of success or failure of the medical procedure comprises calculating at least one timing of the medical procedure, wherein a first timing of the at least one timing corresponds to a length of time maintaining a piece of medical equipment in a position of therapeutic use [RAMADORAI at Para. 0030 teaches the control device then determines a degree of cumulative usage of the surgical instrument based on the amount of time the surgical instrument is experiencing the forces during each surgical task].
It would have been prima facie obvious skill in the art, at the time of effective filing, to combine the references of MOGHADAM, Wolf with the usage time of RAMADORAI with the motivation to improve the safety and surgical effectiveness of surgical instruments.
Conclusion
The prior art made of record and not relied upon in the present basis of rejection are noted in the attached PTO 892 and include:
YOKOMITSU et al (Foreign Publication JP-2016127402-A) discloses a wearable camera that is portable and capable of recording.
Abri et al (US Publication No. 10114928) discloses a method for documenting medical data.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN C EDOUARD whose telephone number is (571)270-0107. The examiner can normally be reached M-F 730 - 430.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Morgan can be reached on (571) 272 - 6773. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN C EDOUARD/Examiner, Art Unit 3683
/JASON S TIEDEMAN/Primary Examiner, Art Unit 3683
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