Ex Parte ShayaDownload PDFPatent Trial and Appeal BoardMay 25, 201713165052 (P.T.A.B. May. 25, 2017) Copy Citation United States Patent and Trademark Office UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O.Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 20092-131270 3053 EXAMINER NGANGA, BONIFACE N ART UNIT PAPER NUMBER 3769 MAIL DATE DELIVERY MODE 13/165,052 06/21/2011 42798 7590 05/25/2017 FITCH, EVEN, TAB IN & FLANNERY, LLP 120 South LaSalle Street, Suite 1600 Chicago, IL 60603-3406 Fawzi Shaya 05/25/2017 PAPER Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte FAWZI SHAYA Appeal 2015-007858 Application 13/165,052 Technology Center 3700 Before JAMES P. CALVE, GEORGE R. HOSKINS, and SEAN P. O’HANLON, Administrative Patent Judges. CALVE, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Appellant appeals under 35U.S.C. § 134 from the final rejection of claims 1—19 and 21—32. Appeal Br. 5. Claim 20 is canceled. Id. at 32 (Claims Appendix). We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM. Appeal 2015-007858 Application 13/165,052 CLAIMED SUBJECT MATTER Claims 1, 10, 18, 19, and 21 are independent. Claim 1 is reproduced below. 1. A method for permitting a real-time virtual medical examination using a patient device and at least one diagnostic device, comprising: collecting diagnostic data from a patient using the at least one diagnostic device and generating patient diagnostic information by the at least one diagnostic device based on the collecting the diagnostic data from the patient using the at least one diagnostic device; generating a signal including both the patient diagnostic information and patient identification data by the at least one diagnostic device based on the collecting the diagnostic data from the patient using the at least one diagnostic device; transmitting the signal including both the patient diagnostic information and the patient identification data from the at least one diagnostic device to the patient device; transmitting from the patient device over a network to a first remote server at least a portion of the patient diagnostic information and at least a portion of the patient identification data; storing the at least a portion of the diagnostic information and the at least a portion of the patient identification data on the first remote server; establishing a video conferencing session via a second remote server, wherein the video conferencing session permits, on an output display of a health care provider device, simultaneous viewing of: the at least a portion of the patient diagnostic information stored on the first remote server; and real-time video images of at least one participant associated with the at least one diagnostic device used to generate the patient diagnostic information and the patient identification data. 2 Appeal 2015-007858 Application 13/165,052 REJECTIONS Claims 1—3, 5—12, 14—19, and 21—32 are rejected under 35 U.S.C. § 103(a) as being unpatentable over Kumar (US 2007/0130287 Al, pub. June 7, 2007), Sadler (US 2009/0240525 Al, pub. Sept. 24, 2009), and Westerteicher (WO 01/47418 Al, pub. July 5, 2001). Claims 4 and 13 are rejected under 35 U.S.C. § 103(a) as being patentable over Kumar, Sadler, Westerteicher, and Parthasarathy (US 2008/0113621 Al, pub. May 15, 2008). ANALYSIS Claims 1—3, 5—12, 14—19, and 21—32 as unpatentable over Kumar, Sadler, and Westerteicher Appellant argues claims 1—3, 5—12, 14—19, and 21—32 as a group. Appeal Br. 15—25. We select claim 1 as representative, and claims 2, 3, 5— 12, 14—19, and 21—32 stand or fall with claim 1. 37 C.F.R. § 41.37(c)(l)(iv). The Examiner relied on Kumar to teach the method of claim 1, except for simultaneously displaying video communication and patient diagnostic information. Final Act. 3^4. The Examiner found that Sadler teaches this feature. Id. at 4. The Examiner found that Westerteicher teaches a patient identification signal can be combined with a physiological measurement signal to associate specific measurements with a specific patient. Id. at 4—5. The Examiner also found that Westerteicher teaches a measurement unit that combines and outputs the patient identification signal with the measurement signals, as claimed. Ans. 14—15. The Examiner found that Westerteicher does this by integrating personal identification reader 110 with measurement unit 102, so that the integrated unit collects, combines, and outputs patient identification with patient measurement data, as claimed. Id. at 15. 3 Appeal 2015-007858 Application 13/165,052 Appellant argues that Westerteicher does not teach a diagnostic device that generates a signal that includes both patient diagnostic information and patient identification data, as recited in claim 1. Appeal Br. 15—16, 24—25. Appellant argues that Westerteicher teaches a diagnostic device (physical measurement unit 120) that collects diagnostic data from a patient and then generates a signal with that data for transmission to signal packaging unit 130, which combines that patient diagnostic data with patient identification data generated and transmitted by patient identification reader 110. Id. at 16 (quoting Westerteicher, 6:16—21). Appellant also argues that Westerteicher illustrates signal packaging unit 130 as a separate device from physiological measurement unit 120 in Figure 1, and signal packaging unit 130 receives signals from two separate devices. It receives patient diagnostic data from physiological measurement unit 120 and patient identification data from patient identification reader 110. Id. at 16, 18. Appellant is correct that Westerteicher teaches embodiments in which signal packaging unit 130 receives patient identification data from patient identification reader 110 and diagnostic data from measurement device 120 and then generates output signal 140 that includes both data signals, as in Figure 1. Westerteicher, 6:11—7:27. However, Westerteicher teaches other aspects of the invention in which diagnostic equipment comprises a patient identification reader (PIR), which provides patient identification data to the measurement equipment, which associates the patient identification signal with the measurement signal. Id. at 3:19—28. Westerteicher also teaches that the PIR can be an integral part of the measurement equipment, which then links the patient identification information with the measured diagnostic signal, as claimed. Id. at 4:8—27, 5:21—25; see Ans. 14—16; Final Act. 4—5. 4 Appeal 2015-007858 Application 13/165,052 Kumar teaches the step of transmitting a signal from diagnostic device 102 to patient device (computing device 110), as claimed. Kumar H 69, 73, 74, Fig. 1 A; see Final Act. 3^4. The Examiner proposes to modify Kumar’s system and diagnostic device 102 to include a personal identification reader of Westerteicher and to integrate the PIR into Kumar’s diagnostic device to link a unique patient identification number to diagnostic data that is recorded by diagnostic device 102 and sent to patient device 110. Final Act. 4—5. The Examiner’s reason for modifying Kumar’s diagnostic device and telemedical system to include Westerteicher’s PIR is supported by a rational underpinning of ensuring that physiological data that is sensed by diagnostic devices is clearly assigned or linked to a particular patient who is associated with that information. Id. at 5. Westerteicher teaches that this arrangement and step ensures that a recorded measurement is assigned unambiguously to a specific individual to clearly identify the patient associated with a specific measurement signal. Westerteicher, 2:8—28. Westerteicher teaches that this process and capability is particularly important in the field of telemedicine. Id. at 1:10—23. In order to combine, associate, or link a patient identification signal with a measurement signal, “the measurement equipment comprises a patient identification reader (PIR).†Id. at 2:19-21. These teachings would improve the remote health telemedicine system of Kumar in the same way. Kumar already identifies each patient’s session with a unique client loginid. Kumar 1117. The Examiner proposes to improve Kumar further by tagging measured patient data with a unique patient identification, such as a unique loginid of Kumar, at the diagnostic device, as Westerteicher teaches, to link the patient’s unique identification with the measured data. Final Act. 4—5. 5 Appeal 2015-007858 Application 13/165,052 Appellant’s argument that there is no motivation to modify Kumar with this teaching of Westerteicher because Kumar already accomplishes this task with a unique patient ID and servlets (Appeal Br. 21—22) is not persuasive. Kumar’s use of a unique loginid with servlets relates to emails, not transmitted diagnostic data. Kumar || 130-138. Even so, modification of Kumar’s patient side medical devices 102 with Westerteicher’s teaching to combine a unique patient identification with measured patient diagnostic data at the diagnostic device would ensure that diagnostic data of a patient is linked to that patient at the time that the diagnostic data is created to ensure the proper identification of the data for a patient ab initio. Thus, we sustain the rejection of claims 1—3, 5—12, 14—19, and 21—32. Claims 4 and 13 as patentable over Kumar, Sadler, Westerteicher, and Parthasarathy Appellant argues that Parthasarathy does not cure the deficiencies of Kumar, Sadler, and Westerteicher for claims 1 and 10, from which claims 4 and 13 depend, respectively. Appeal Br. 25. As we sustain the rejection of claims 1 and 10, there are no deficiencies for Parthasarathy to cure. Thus, we sustain the rejection of claims 4 and 13. DECISION We affirm the rejections of claims 1—19 and 21—32. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(l)(iv). AFFIRMED 6 Copy with citationCopy as parenthetical citation