`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`In the Inter Partes Review of:
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`Trial Number: To Be Assigned
`U.S. Patent No. 7,516,192
`Filed: Jul. 14, 2006
`Issued: Apr. 7, 2009
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`Attorney Docket Nos.:
`12771.106USR2
`12771.106USR6
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`Inventor: Stephen J. Brown
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`Assignee: Health Hero Network, Inc.
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`Title: Networked System For Interactive
`Communication And Remote Monitoring
`Of Individuals
`_____________________________________________________________
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`DECLARATION BY ROBERT T. STONE, PH.D. REGARDING U.S.
`PATENT NO. 7,516,192 UNDER 37 C.F.R. § 42.63(a)
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`I, Robert T. Stone, Ph.D., do declare and state as follows:
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`Background and Experience
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`1.
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`I received my B.S. in Electrical Engineering from Virginia
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`Polytechnic Institute and State University in 1977, my M.S. in Electrical
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`Engineering from Virginia Polytechnic Institute and State University in 1979,
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`and my Ph.D. in Electrical Engineering from Stanford University in
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`1981. My studies focused on electronics and signal processing.
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`2.
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`I have over thirty years of academic and industry experience in
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`the field of medical electronics systems and instrumentation. I have
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`Cardiocom Ex. 1008
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`extensive experience with remote health monitoring equipment and design,
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`as well as computer programs for those systems.
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`3. While employed at Nellcor Puritan Bennett, Inc. (“Nellcor”),
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`where I was Manager of Electronic Research from 1983 to 1989, I was the
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`Lead Program Manager for the development of a patient monitoring system
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`which allowed remote monitoring of in-hospital patients via a wireless
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`network. That and virtually all of my work at Nellcor involved embedded
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`systems level programming and application programming.
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`4.
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`Virtually all of my work experience since that time has included
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`application programming. In 2007 through 2009, I developed a home-based
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`wireless patient monitoring system that would communicate with a central
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`server i.e. a computer configured to service multiple clients or remote
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`computers.
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`5.
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`6.
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`Attached to this declaration is a copy of my curriculum vitae.
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`I am presently the CEO and Founder of Medical Design
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`Solutions, Inc., which is a consulting firm focusing on all aspects of medical
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`device research and development.
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`7.
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`I am not employed by, nor receiving grant support from,
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`Cardiocom, LLC, the requester in this inter partes review. I am receiving
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`compensation for my involvement in this matter based on my standard
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`hourly consulting fees.
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`8.
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`I am competent to make this declaration based upon my
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`personal knowledge and technical expertise in the area of remote patient
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`monitoring as well as script programming.
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`9.
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`In preparing this Declaration, I reviewed U.S. Patent No.
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`7,516,192 (hereinafter “the ‘192 Patent” or “Brown”), the file history of the
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`‘192 Patent, and the prior art cited as part of Cardiocom’s Request for Inter
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`Partes Review of the ‘192 Patent. I have also reviewed portions of the
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`Manual of Patent Examining Procedure, including Sections 2131, 2141-2145,
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`as well as KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007). That case, and
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`the MPEP sections, explain the legal requirements of anticipation,
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`obviousness and examining procedures relevant to obviousness. The
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`documents I have reviewed are reflected in my analysis.
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`10.
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`I was asked for my opinion as to the level of ordinary skill in
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`the art, construction of claim terms at issue in the ‘192 Patent, and whether
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`certain claimed inventions, as a whole, were obvious in view of the specific
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`prior art I was shown.
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`11.
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`I was asked for my opinion as to the level of ordinary skill in
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`the art, construction of claim terms at issue in the ‘192 Patent, and whether
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`certain claimed inventions, as a whole, were obvious in view of the specific
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`prior art I was shown.
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`Background of Art
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`12. Long before the time of the filing of the ‘192 Patent, there was
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`pressure on the healthcare system to contain costs, increase quality of care,
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`and provide greater access to healthcare. Since at least the early 1980s, the
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`cost of healthcare increased faster than GDP. There has also been increased
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`public awareness of geographical disparities in healthcare treatment, as well
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`as the common occurrence of medical errors.
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`13. Long before the time of the filing of the ‘192 Patent, pressures
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`to incorporate remote management of health existed. The era of house calls
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`had ended.
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` Further,
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`the cost of facilities, maintenance overhead,
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`transportation costs, and medical payment methodologies in the era prior to
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`the ‘192 Patent led to higher costs for routine monitoring of health status,
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`increased risks for facility based care including cross contamination by
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`infectious patients, and increasingly costly services due to the ability to treat
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`disease states in older or more fragile patients.
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`14. Systems
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`and
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`infrastructure
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`enabling
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`effective
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`remote
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`monitoring and diagnosis have, meanwhile, developed at an increasing rate.
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`15. Telephony has been a ubiquitous service in developed and
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`developing countries for several decades; and digital data interconnection
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`has been available via telephone modems for several decades – since at least
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`the 1970’s, at increasingly faster speeds.
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`16. Means of remote monitoring for health conditions and disease
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`status and management of same has been practiced and reported upon to
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`demonstrate the effectiveness of such practices. Table 1, attached hereto, is
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`a survey result of literature in the public domain of such studies. These
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`studies utilized remote monitoring and databases to determine the efficacy
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`and cost savings of remote monitoring for the conditions listed.
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`17.
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`In the 1980 and early to mid-1990s, all prior to the ‘192 Patent,
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`computer based electronic devices and their utility increasingly appeared in
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`everyday life. User interfaces were simplified, icons and symbols were
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`incorporated for simplicity, voice synthesis, telephone auto-dialing, and e-
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`mail universally were incorporated into our lifestyle. Home health monitors
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`(blood pressure, blood glucose, smart scales, spirometers, etc.) were
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`developed and adapted for early self-monitoring and reporting of chronic
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`health conditions.
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`18. Also in the 1990s prior to the ‘192 Patent, hypertext mark-up
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`language (“HTML”) was adapted into shared documents in research, internet
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`browsers, and general document preparation, which allowed linking to other
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`references without the tedium of direct incorporation of the reference into a
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`document page. This is a convenience that every internet user is familiar
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`with – i.e. click on a highlighted word, passage, or icon to be taken to some
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`other reference for more detailed information or operation.
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`19. Similarly, the utilization of remote programming has been
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`universal since the incorporation of portable computing devices. With the
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`development of both hard and floppy computer disk drives concurrently with
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`the development of higher speed modems, the ability to distribute both
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`computer programs and data by telephone or wireless communications has
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`flourished. Thus, software updates (program changes), and data distribution
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`has been applied universally since the early 1990’s.
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`20. From the earliest days of computer-based applications, the use
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`of script programming has been incorporated. The script language first
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`utilized was a predecessor of UNIX in the 1970’s, followed by DOS, Basic,
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`Pascal, FORTRAN, etc. Virtually all computer-based systems had the
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`ability and utilized script languages to distribute programs, utilizing
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`interpreters to translate those scripts into machine language instructions.
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`21. Databases were developed and incorporated in medical research
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`and patient management beginning in the 1970’s, and eHealth records (i.e.
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`patient databases) have been in use for many years. General purpose
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`database programs have existed since prior to the 1970’s, and have been
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`incorporated in medicine for many applications – including imaging and
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`cancer treatment management.
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`22. Thus, by the early 1990’s all of the technology at issue with the
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`‘192 Patent was not only developed, but utilized in widely distributed forms
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`known to virtually every engineering technologist and medical practitioner.
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`One of Ordinary Skill in the Art
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`23.
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`In my opinion, one of ordinary skill in the art at the time of the
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`‘192 Patent would have a bachelor’s degree in Electrical Engineering or
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`Computer Science, or its equivalent, and at least 2 years of experience with
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`the design and programming of patient monitoring systems and at least 1
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`year of experience with the design or programming of networked systems.
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`Claim Terms
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`24. Based on my review of the ‘192 patent, there are certain terms
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`used in that patent that are used in the medical field and have particular
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`meaning in that field. I was instructed to use what I believe to be the
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`broadest reasonable construction of the claim terms, read in the context of
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`the patent.
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`25.
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` “Script program”: One of ordinary skill in the art, using the
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`broadest reasonable construction of the claim term and read in the context of
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`the patent, would define “script program” as “a program including at least
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`one text command and can be interpreted and performed by a device, such as
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`a computer.” In computer programming a script program, or script, is
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`defined as “a type of program that consists of a set of instructions to an
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`application or a utility program. A script usually consists of instructions
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`expressed using the application’s or utility’s rules and syntax, combined
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`with
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`simple
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`control
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`structures
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`such
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`as
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`loops
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`and
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`if/then
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`expressions.” Microsoft Press Computer Dictionary, 422-23 (Microsoft
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`Press 1997, 3d ed.). In the context of the ‘192 Patent, a script program is
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`illustrated as user-recognizable text that can define functions performed by a
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`device, such as a computing system or other appliance. See ‘192 Patent,
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`Table 1. Furthermore, as noted in the ‘192 Patent, many different scripting
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`languages could be used. ‘192 Patent, col. 7:52-55. Accordingly, the above
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`definition is consistent with my understanding of the term as one of ordinary
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`skill in the art.
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`26.
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` “Data Merge Program”: One of ordinary skill in the art, using
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`the broadest reasonable construction of the claim term and read in the
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`context of the patent, would define “data merge program” as “software that
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`combines two or more sets of items into one.” In computing systems, a
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`“merge” corresponds to “combin[ing] two or more sets of items into one,
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`usually in a specified sequence.” IEEE Standard Dictionary of Electrical
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`and Electronics Terms, (4th Ed. 1992) at p. 483. Intrinsic support for that
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`definition includes Brown’s disclosure that a data merge program is for
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`“merging the data stored in table 46 with generic script programs 40.” ‘192
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`Patent, col. 13:7-9. This definition is consistent with my understanding of
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`the term as one of ordinary skill in the art.
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`27.
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` “Script Assignment Unit”: One of ordinary skill in the art,
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`using the broadest reasonable construction of the claim term and read in the
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`context of the patent, would define “script assignment unit” as “a software
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`module that associates a script program with an individual.” Intrinsic
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`support for that definition includes Brown’s disclosure that a “script assignor”
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`assigns a script program to a patient, e.g., by creating a pointer to the script
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`program and storing or associating the pointer with a unique identification
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`code for the patient. ‘192 Patent, col. 13:62-67. This definition is consistent
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`with my understanding of the term as one of ordinary skill in the art.
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`28.
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`“Pointer”: One of ordinary skill in the art, using the broadest
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`reasonable construction of the claim term and read in the context of the
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`patent, would define “pointer” as “an identifier that indicates the location of
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`an item of data.” IEEE Standard Dictionary of Electrical and Electronics
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`Terms, (4th Ed. 1992) at p. 703. This definition is consistent with my
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`understanding of the term as one of ordinary skill in the art. This definition
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`is consistent with my understanding of the term as one of ordinary skill in
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`the art.
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`Wright Jr.
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`29. U.S. Pat. No. 5,704,029 (“Wright Jr.”) teaches all of the
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`elements of claims 1-3, 6-7, 11-12, 17-23, 29-30 and 35-36 of the ‘192
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`Patent. Wright Jr. discloses a system comprising a personal computer
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`connected over a network to one or more remote devices. Wright Jr., Fig. 1;
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`col. 3:28-40; col. 9:4-6. Wright Jr. also discloses creating an executable
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`form driven by field scripts to collect data from a remote user. Wright Jr.,
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`col. 9:4-6; col. 9:11-26; col. 13:39-53.
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`30. The disclosure of scripts in Wright Jr. is particularly important
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`because it was the lack of disclosure of generating a customized script
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`program by customizing a generic script program, and including a display
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`and input command for a remote apparatus, that formed the basis for
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`allowance for the ‘192 patent. In fact, many of the claims of the ‘192 patent
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`have nothing to do with remote patient monitoring.
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`31. Wright Jr. discloses a system for communicating with at least
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`one individual. Wright Jr., Fig. 1; col. 3:28-40. Wright Jr. discloses a
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`system for communicating with at least one individual that is comprised of a
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`personal computer configured to create and communicate a program/script
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`targeted at a specific individual on a remote device known as a personal
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`digital assistant, or PDA. See Wright Jr., 122 Fig. 1.
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`32. Wright Jr. discloses a computer configured to communicate
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`with at least one remotely situated apparatus. Wright, Jr. discloses a system
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`in which a personal computer (PC) is communicatively connected to a
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`remote handheld computer, e.g., a PDA. Wright Jr., Fig. 1; col. 6:40-45; col.
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`6:62-67 (“modems or wireless technology…may be used for communication
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`between the PDA 104 and computer 102”).
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`33. Wright
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`Jr.
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`inherently discloses a user
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`interface
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`in
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`communication with the computer. Wright Jr., col. 8:8-20; col. 7:54-56.
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`Wright Jr. inherently discloses a user interface in communication with the
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`computer for entering, authoring, selecting, or some combination thereof, a
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`message, query, or response choices. Wright Jr., col. 8:15-col. 13:23
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`(detailing the process of creating a form). For example, Wright Jr. provides a
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`detailed example of a designer selecting or entering messages, queries or
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`response choices for the script program. See, e.g., Wright Jr., col. 9:58-60;
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`col. 10:46-52. Included within that example are several instances in which
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`the forms creator queries the designer for information and allows the
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`designer to make selections or enter text for messages or questions. See, e.g.,
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`Wright Jr., col. 10:46-50; cols. 11:48-12:10. Moreover, the forms creator
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`allows the designer to select a number of responses allowed and enter
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`answer choices. See, e.g., Wright Jr., cols. 10:53-11:10; cols. 12:63-13:12.
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`34. Wright Jr. discloses a data merge program configured to
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`generate a customized script program by customizing a generic script
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`program. Wright Jr. discloses, for example, a field editor (or data merge
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`program) associated with a form creation program that is configured to
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`generate a customized script program by customizing a generic script
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`program. Wright Jr., col. 6:33-40; col. 9:51-60. Wright Jr. provides that if a
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`previous form (e.g., generic script program) needs to be revised or
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`customized, a forms designer (or user) creates the form and then customizes
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`it using a field editor. See Wright Jr., col. 6: 33-40; col. 9:51-60.
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`Specifically, to customize a previous form, Wright Jr. provides a dialog box
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`that prompts the user for a form to duplicate from a list of existing forms.
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`After selection, a new form is created and a new form number is assigned.
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`This allows the user to create a derivative form without reentering all form
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`information from the previous form. See Wright Jr., col. 8: 32-38.
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`Thereafter, the field editor enables a user to edit or customize fields for the
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`new form, thereby customizing a generic script program to generate a
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`customized script program. Wright Jr., col. 9:51-60; col. 27:56-62.
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`35. Wright Jr. describes a data merge program that obtains data
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`from a first file and inserts the data into a second, existing file to generate a
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`customized file. Specifically, Wright Jr. teaches a field editor that obtains
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`data based on user selections from a first file (e.g., containing selection
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`choices) and inserts the data into fields of a second, existing form to
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`generate a customized form. Wright Jr., col. 9:52-60.
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`36. Wright Jr. discloses a customized script program that is to be
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`executed by the remotely situated apparatus. Wright Jr. provides that the
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`PDA includes a memory and further discloses that the forms are stored on
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`the memory in the PDA. Wright Jr., col. 6:40-61; col. 13:39-53. The
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`execution of the form is driven by script programs, which are written in a
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`scripting language, and include flow control statements and functions for
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`controlling execution of the form. Wright Jr., col. 9:11-26. Wright Jr.
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`discloses that data representing a customized form (e.g., customized script
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`program) is sent from the PC to a portable computerized device, such as a
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`PDA. Wright Jr., col. 3:28-40; col. 13:25-36; col. 13:39-46.
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`37. Wright Jr. discloses a display command to present to the
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`individual messages, queries, or response choices, and an input command to
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`receive responses when the customized script program includes presentation
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`of one or more queries. Wright Jr., col. 4:49-61; col. 7:6-25. Wright Jr. also
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`discloses an executable form (e.g., customized script program) that includes
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`display commands for presenting messages, queries, or response choices,
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`and input commands for accepting responses selected by a user. Wright Jr.
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`col. 7:6-25.
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`38. Wright Jr. teaches that a new form (e.g., customized script
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`program) includes a command to display a message or a query upon
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`receiving a response. For example, Wright Jr. describes displaying one
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`question or statement (and if appropriate, a corresponding set of possible
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`answers or responses) at a time on the display screen of the PDA. Wright Jr.,
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`col. 7:6-10. Moreover, Wright Jr. provides that when a user answers each
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`question, thereby providing response data, the forms engine executes a script
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`program for that question and may perform data validation, sound an alarm,
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`display a message, quit, launch another form, skip to another question, and
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`so forth. Wright Jr., col. 7:14-18. Wright Jr. teaches that the script allows
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`the forms designer to go to another question based on the previous answer(s).
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`Wright Jr., col. 7:18-23.
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`39. Wright Jr. discloses one or more databases accessible by the
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`data merge program for storing the generic script program and any responses
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`received from the remotely situated apparatus. Wright Jr., col. 8:32-38; col.
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`3:28-40; col. 5:7-15; col. 14:1-10. Upon transmitting a form to a PDA for
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`execution, a user provides responses to the questions in the form and the
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`responses are then transmitted from the PDA to the personal computer.
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`Wright Jr., col. 3:28-40. The responses are stored on the personal computer
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`in a tab-delimited format for use with a database. Wright Jr., col. 5:7-15;
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`col. 14:1-10.
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`40. Wright Jr. discloses a system configured to communicate with a
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`plurality of individuals using a corresponding plurality of remotely situated
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`apparatuses. Wright Jr., col. 3:28-40; col. 9:4-9. Wright, Jr. discloses a
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`system in which a computer is communicatively connected to a remote PDA.
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`Wright Jr., Fig. 1; col. 6:33-46; col. 6:62-67. Wright Jr. further provides that
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`multiple PDAs may be connected to the PC and that each PDA is associated
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`with a user who completes a form downloaded from the PC. Wright Jr., col.
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`3:28-40; col. 9:4-9.
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`41. Wright Jr. also discloses a system in which a personal computer
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`(PC) is communicatively connected, e.g., via a cable modem or wireless
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`technologies, to a remote handheld computer, e.g., a personal digital
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`assistant (PDA). See Wright Jr., Fig. 1; col. 6:33-46, 62-67. Wright Jr.
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`further provides that multiple PDAs may be connected to the PC and that
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`each PDA is associated with a user who completes a form downloaded from
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`the PC. Wright Jr., col. 3:28-40; col. 9:4-9. Thus, Wright Jr. teaches a
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`system for communicating with a plurality of individuals using a
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`corresponding plurality of remotes PDAs.
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`42. Wright Jr. discloses one or more databases further configured
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`for storing a plurality of customized script programs. Wright Jr., col. 8:32-
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`38. For example, Wright Jr. teaches that a new form (e.g., a customized
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`script program) may be customized based on selecting from a plurality of
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`existing forms (e.g., a plurality of generic script programs). See Wright Jr.,
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`col. 8:32-38. Wright Jr. also discloses that each customized form is stored
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`on a PC, i.e., a new form is created with the name “Duplicate of ‘Previous
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`Name’” and assigned a new form number. Wright Jr., col. 8:32-38.
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`Therefore, it follows that a plurality of customized forms may be generated
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`based on the plurality of existing, or generic, forms.
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`43. Wright Jr. teaches that a new form (i.e., customized script
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`program) is identified with a new form number and that the new form is
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`filled out by the user of a remote PDA. Wright Jr., col. 3:28-40; col. 8:32-
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`38. Wright Jr. also teaches that the system could be used to automate a
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`personality profile based on a line of questioning. Wright Jr., col. 28:40-44.
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`One of ordinary skill in the art would understand that in order to automate a
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`user’s personality profile, it would be necessary to associate or assign a
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`customized form with the user or users to collect data regarding the line of
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`questioning.
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`44. Wright Jr. discloses communication with a plurality of users.
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`Wright Jr., col. 3:28-40; col. 9:4-9. It also contemplates automating a
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`personality profile based on a line of questioning. Wright Jr., col. 28:40-44.
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`Because Wright Jr. discloses communicating with a plurality of users and
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`automating a personality profile, it would be obvious to one of ordinary skill
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`to automate personality profiles for a plurality of users. One of ordinary
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`skill in the art would understand that in order to automate personality
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`profiles for a plurality of users, it would be necessary to store a list of the
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`users for whom personality profiles were automated. Such an extension
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`would be obvious to one having ordinary skill in the art because it would
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`simplify organizational efficiency to have a list of users.
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`45. Wright Jr. also discloses that when a device sends a form data
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`array containing the responses by the user to the computer, the first item in
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`the form data array is a form identification for identifying the form that the
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`data is associated with. Wright Jr., col. 3:34-40. Thus, if the system of
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`Wright Jr. were extended to assign a customized form to a particular user, it
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`would be obvious and advantageous to extend the system of Wright Jr. to
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`store a list of the particular users and a pointer (e.g., a form identification) to
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`the customized form assigned to each user.
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`46. Wright Jr. discloses a system where the customized script
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`programs are generated using one or more generic script programs. Wright
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`Jr., col. 8:32-38. Wright Jr. teaches that a new form (e.g., customized script
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`program) may be customized based on selecting from a plurality of existing
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`forms (e.g., a plurality of generic script programs). Wright Jr., col. 8:32-38.
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`Therefore, it follows that a plurality of customized forms may be generated
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`based on the plurality of existing, or generic, forms.
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`47. Wright Jr. discloses a system where the messages comprise a
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`question or statement (Wright Jr., col. 7:6-10), information of benefit to the
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`individual, and reminders or prompts. Wright Jr., col. 27:56-62. Wright Jr.
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`discloses that displayed messages include a question or statement, and if
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`appropriate, a corresponding set of possible answers or responses. Wright
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`Jr., col. 7:6-10. Wright Jr. also teaches displaying information of benefit to
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`the individual, e.g., display of a “help” message, and reminders or prompts.
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`Wright Jr., col. 10:37-41; col. 27:56-62.
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`48. Wright Jr. teaches that the PDA sends a form data array
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`containing responses from the user, e.g., personal data, to the PC. Wright Jr.,
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`col. 3:34-40. Moreover, Wright Jr. provides that after transferring the form
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`data to the PC, it is sorted by form and saved to disk, preferably in a tab-
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`delimited format, where it is available for use with spreadsheets, databases,
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`tabulation packages, and other programs. Wright Jr., col. 14:1-10. Thus,
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`Wright Jr. teaches storage of personal data (e.g., user responses) by form in a
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`tab-delimited format, which is an obvious variant of a look-up table.
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`49. Wright Jr. provides that after transferring a form data array
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`containing user responses (e.g., personal data) from the PDA to the
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`computer, the personal data is sorted by form and saved to disk, preferably
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`in a tab-delimited format, where it is available for use with spreadsheets,
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`databases, tabulation packages, and other programs. Wright Jr., col. 3:34-
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`40; col. 14:1-10. Thus, Wright Jr. teaches storage of personal data in a tab-
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`delimited format that is available to a database, which is an obvious variant
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`to storing personal data in a look-up table that is part of a database.
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`50. Wright Jr. discloses a system where the computer further
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`comprises a script generator for generating the generic script programs.
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`Wright Jr., col. 3:28-40; col. 6:33-40; col. 7:14-23. Wright Jr. teaches a
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`forms creation program (e.g., script generator) for creating executable forms
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`(e.g., generic script programs) that use embedded scripts to control the
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`display of questions, record user responses, and transmit the recorded
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`responses to a PC, as well as provide other functions associated with the
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`form. Wright Jr., col. 3:28-40; col. 6:33-40; col. 7:14-23.
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`51. Wright Jr. discloses a data merge program generating the
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`customized script program using the generic script program as a template.
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`Wright Jr., col. 8: 32-38; col. 9:51-60; col. 27:56-62. Wright Jr. describes a
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`field editor (or data merge program) that is configured to customize a
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`previous form by selecting a form to duplicate (e.g., as a template) from a
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`list of existing forms, which enables the user to create a derivative form
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`without reentering all form information from the previous form. Wright Jr.,
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`col. 8: 32-38. Thereafter, the field editor enables a user to edit or customize
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`fields for the derivative form. Wright Jr., col. 9:51-60; col. 27:56-62. Thus,
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`Wright Jr. also discloses generating a customized script program in the
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`computer by customizing the generic script program.
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`52. Wright Jr. discloses a generic script program comprising at
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`least one insert command specifying types of personal data to be inserted by
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`the data merge program. Wright Jr. describes a field editor (e.g., data merge
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`program) that enables a designer to edit field attributes for an existing form
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`(e.g., generic script program). Wright Jr., col. 8: 28-31; col. 9:51-60. For
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`each field, the designer specifies certain attributes including field type, a
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`question or prompt, a list of answer choices, a help message, a control script,
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`and others. Wright Jr., col. 27:56-62. Based on the number of answers
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`selected by the form designer for a particular query, “offsets” (i.e., insert
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`commands) are automatically provided in the generic script program that
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`correspond to locations in the form data array where the user selections (e.g.,
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`personal data) will be inserted or stored. Wright Jr., col. 12:25-51; cols.
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`12:65-13:12. The types of user selections available, i.e., types of personal
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`data, may also be defined by the form designer using the field editor.
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`Wright Jr., col. 9:58-60; col. 27:56-62.
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`53. Wright Jr. discloses a generic script program comprising
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`messages to be presented to the user, questions to be answered by the user,
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`and response choices to be selected by the user. Wright Jr., col. 4:49-61; col.
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`7:6-25.
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`54. Wright Jr. discloses generating the generic script program
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`comprising entering or selecting messages, queries or response choices for
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`the script program. Wright Jr. discloses a forms creation program whereby a
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`designer selects or enters messages, queries or response choices for creating
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`an executable form (or script program). Wright Jr., col. 6:33-39; col. 10:46-
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`50; cols. 11:48-12:10. Moreover, the forms creator allows the designer to
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`select a number of responses allowed and enter answer choices. Wright Jr.,
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`cols. 10:53-11:10; cols. 12:63-13:12.
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`Goodman/Wright Jr. Combination
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`55. U.S. Patent No. 5,827,180 (“Goodman”) discloses a host
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`computer that communicates and a method to communicate with patient
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`nodes and health care providers via a communication link. Goodman, col.
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`3:54-59. The data processors of the patient nodes download information to
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`and receive information from messaging devices. Goodman, col. 3:60-64.
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`Data obtained from the medical devices is stored and uploaded to the host
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`computer. Goodman, col. 7:34-42.
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`56. Goodman provides a personal health network (“PHN”) that
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`includes a host computer that receives a treatment plan for a particular
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`patient from a health care provider and generates an algorithm for collecting
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`patient data and communicating with the patient. Goodman, col. 2:54-65.
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`When executed by a remote messaging device, the algorithm controls the
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`messaging device to display messages and queries to the patient that are
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`based at least in part on the treatment plan received from the health care
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`provider. Goodman, col. 5:5-8; col. 5:13-24; col. 5:30-42; col. 8:45-61; col.
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`10:37-60.
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`57. One of ordinary skill in the art would be motivated to combine
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`Wright Jr.’s script programs with the system of Goodman because script
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`programs have many advantages, including, for example, suitability of script
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`programs for survey functions and accurate data collection, flexibility and
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`ease of use in creating generic and customized script programs, user-friendly
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`navigation of script programs during execution on remote devices,
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`suitability for displaying prompts and messages to a user, and for accepting
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`input and displaying messages based on the input, and suitability for
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`collection, transmission, and analysis of user response data.
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`58. Goodman discloses a monitoring system for communicating
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`with at least one individual, i.e., a personal health network (“PHN”) for
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`“collecting and routing information pertaining to the health care of a patient
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`to the patient and the health care provider.” Goodman, Abstract.
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`59. Goodman discloses a computer configured to communicate
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`with at least one remotely situated apparatus. Goodman, Abstract; col. 3:50-
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`64. Goodman’s PHN comprises a host computer which is in communication
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`with one or more patient nodes over a communication link, which preferably
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`includes a telephone and a modem. See Goodman, Fig. 1; col. 3:50-64.
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`60. Goodman
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`inherently
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`discloses
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`a
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`user
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`interface
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`in
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`communication with the computer for entering, authoring, selecting, or some
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`combination thereof, a message, query, or response choices. See, e.g.,
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`Goodman, col. 8:37-51. Goodman teaches that an algorithm is generated
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`based on a treatment plan and messages are displayed to the patient based at
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`least in part on the treatment plan. Goodman, col. 8:37-51; col. 2:54-65.
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`Goodman further provides