DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This Nonfinal Office Action is in response to the Remarks filed June 26, 2026, where claims 1-22 are currently pending and considered herein.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding independent claims 1, 18 and 21 there is no explicit support in the specification for “continuously updated Internet connection,” as claimed. The Specification is silent to this limitation. The Specification reads: “Fig. 3 shows a wearable EEG monitoring module 1 according to one aspect of the invention. The EEG monitoring module 1 can be worn in the ear canal of a person to be monitored, e.g. for detecting hypoglycemia, e.g. like a per se known In-The-Canal (ITC)hearing aid. Furthermore, the device will allow healthcare personal to remote monitor and record EEG data for the patient - either continuously or as periodical upload of logged data (data harvesting). Healthcare personnel would then be allowed to monitor patients who have regularly recurring problems like seizures or micro-sleep.” But nothing about the Internet connection. The dependent claims inherit the deficiencies of the independent claims. Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3-5 and 21 are rejected under 35 U.S.C. 103(a) as being unpatentable over U.S. 2009/0048492 A1 to Rantala et al., hereinafter “Rantala,” in view of U.S. 2014/0269425 A1 to Fisher et al., hereinafter “Fisher,” in view of U.S. 2013/0317837 A1 to Ballantyne et al., hereinafter “Ballantyne,” in view of U.S. 2009/0099867 A1 to Newman, hereinafter “Newman,” and further in view of U.S. 2014/0073291 A1 to Hildner, hereinafter “Hildner.”
Regarding claim 1, Rantala discloses A method for providing a network connection to a wearable EEG monitoring module (See Rantala at least at Abstract; Paras. [0001]-[0005] (“The sensors may, for example, include a wristband sensor adapted to provide identity and location data, a pulse oximetry sensor, an electrocardiogram (ECG) sensor, and/or an electroencephalogram (EEG) sensor. Conventional patient monitoring systems also include an on-patient hub device adapted to receive data from the sensors, and to transmit such data to a hospital network.”), [0014]-[0021]; Claims 12-17 (“[T]ransmitting the pulse data from each of said plurality of sensors to a wireless device such that the pulse data does not pass through an on-patient hub before reaching the wireless device”); Figs. 1-4); said method comprising the steps of: providing a plurality of patient records in a patient record server, each patient record including a unique identity for an associated wearable EEG monitoring module (See id. at least at Abstract; Paras. [0001]-[0005] (“transmitting the pulse data from each of the sensors to a wireless device such that the pulse data does not pass through an on-patient hub before reaching the wireless device, identifying each of the sensors that acquired pulse data having a common pulse data characteristic, and assigning each of the identified sensors to a single patient.”), [0013]-[0016], [0019]-[0021]; Claims 1-6, 12 (“[A]ssigning each of said identified sensors to a single patient.”); Figs. 1-4); and detecting the presence of a wireless connection between said wearable EEG monitoring module and said gateway (See id.at least at Abstract; Paras. [0001]-[0005], [0013]-[0016], [0019]-[0021] (“At step 26, the location data acquired by the sensors 14 is implemented to assign all the sensors 14 within a predefined region to a single patient […] At step 28, sensor data collected from any of the sensors 14 that have been assigned is compiled in a convenient form such as, for example, the patient record 19. Patient records 19 for each of a plurality of different patients can then be stored on the hospital network 18.”); Claims 1-6, 12-17 (“[T]ransmitting the pulse data from each of said plurality of sensors to a wireless device such that the pulse data does not pass through an on-patient hub before reaching the wireless device”); Figs. 1-4).
Rantala may not specifically describe, but Fisher teaches wherein said monitoring module is connected to the Internet via a gateway; and providing a connection to a module via the Internet (See Fisher at least at Abstract; Paras. [0010], [0015], [0082]-[0091] (Environments for the Gateway – Internet), [0216]-[0252] (“Continuously monitor and transmit to other paired or clustered group members' local network communications components' current status and transmission/reception rate […] Continuously monitor for and transmit requests by local gateway module stack modules of local gateway module stack module's data to specified network entity devices.”); Claim 20; Figs. 1-14, 17-20, 25); Rantalla is relied on for a wearable EEG module); in response to establishment of connection to the Internet via the gateway, communicating associated current connection information to a control server (See Fisher at least at Abstract; Paras. [0077], [0200]-[0212] (Continuous power management and connection. “The network communications module (NCM) 25 (see FIGS. 11 and 12), using a combination of hardware and software, provides controlled and functional routing and optimization of communications for data throughput. By continuously monitoring the availability, type of network connection and format of data to communicate, the NCM sets up, maintains and optimizes communications between the gateway and networked devices and their applications.”), [0216]-[0252] (Gateway communications and connection status for device. “Continuously monitor and transmit to other paired or clustered group members' local network communications components' current status and transmission/reception rate […] Continuously monitor for and transmit requests by local gateway module stack modules of local gateway module stack module's data to specified network entity devices.”); Claims 14-20); Figs. 1-14, 17-20, 25); and establishing, from said computer device, a direct connection to said wearable EEG monitoring module (See Rantala for EEG monitoring module) through said gateway based on the current connection information retrieved over the Internet from said control server (See id. at least at Abstract; Paras. [0010]-[0011] (wearable device), [0212]-[0252] (“Continuously monitor and transmit to other paired or clustered group members' local network communications components' current status and transmission/reception rate […] Continuously monitor for and transmit requests by local gateway module stack modules of local gateway module stack module's data to specified network entity devices.”), [0338] (direct access via network and gateway); Claims 14-20; Figs. 1-14, 17-20, 25).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala to incorporate the teachings of Fisher and provide communication and connection information and transmitting data between computer devices. Fisher is directed to modular device and data management over a gateway and network. Incorporating the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
The references may not specifically describe but Ballentyne teaches providing a plurality of patient records in a patient record server accessible over the Internet (See Ballentyne at least at Paras. [0063]-[0064] (“[A] system for electronic patient care includes a hub configured to communicate with electronic medical records, and a patient-care device. The hub is configured to identify a patient and the patient-care device (e.g., an infusion pump). The hub is also configured to download at least one treatment parameter (e.g., an infusion drug, and/or an infusion rate or rate profile, etc.) from the electronic medical records and program the patient-care device with the at least one treatment parameter.”), [0153] (“[The] hub is in operative communication with at least one of electronic medical records, DERS, CPOE, and/or and the internet to control and/or monitor a patient-care device.”), [0384], [0390]; Figs. 1-2, 4, 6, 8, 10, 136-139).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala and Fisher to incorporate the teachings of Ballantyne and provide transmitting patient data between computer devices. Ballantyne is directed to an apparatus for patient care and multiple communications links. Incorporating patient care and communication hubs of Ballentyne with the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
The references may not specifically describe but Newman teaches providing, in said control server, an EEG module connection register containing said unique identity of wearable EEG monitoring modules and corresponding communicated current connection information (See Newman at least at Abstract; Paras. [0082]-[0083], [0101] (“The event data 318 correlates a medical device identifier with an event identifier, and additional descriptive information regarding the event occurring in the medical device. Examples of events tracked using the event tracking module 312 include power events, alarm events, maintenance events, telemetry events, therapy events, or therapy change events in the various medical devices.”), [0137]-[0139], [0147], [0152]-[0161] (“FIG. 11 shows an identity schema 1100 used to identify various operational characteristics of each of the medical devices communicatively associated with a medical device server. The identity schema 1100 includes a main table 1102 including a variety of global parameters, as well as a network table 1104, an access table 1106, and one or more package tables 1108. The main table 1102 includes metadata associated with a variety of generalized device identification characteristics, including device type, device identifier, session identifier, network identifier, access identifier, and package acceptance. The device type relates to identification of the type of the medical device such as the manufacturer and model of the device, while the device identifier is unique to each device. The session, network, and access identifiers define the connection string to allow the message to be routed correctly to the medical device. The package identifier indicates whether the medical device is configured to receive packages from the medical device server, and can link to tables indicating the current packages enabled on each device […] The access table 1106 includes an IP address and Physical Id corresponding to the specific networking connection corresponding to the physical device to the IP address. The package tables 1108 describe additional details of the software or firmware package in use by the medical device, such as the name and version of the software package.”), [0212]-[0215] (“[C]onfirmation module 3410 sends a confirmation message to the medical device server indicating that the medical device is successfully synchronized to the server, allowing the server to track which medical devices have been successfully synchronized with the server.”), [0305]; Claim 18; Figs. 1-33, 64-67).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala, Fisher and Ballantyne to incorporate the teachings of Newman and provide identification of devices and patients. Newman is directed to medical device communications and connections. Incorporating the communication and connections with medical devices as in Newman with the patient care and communication hubs of Ballentyne, the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
The references may not specifically describe but Hildner teaches from a computer device other than said EEG monitoring module, said control server and said gateway, providing the associated unique identity to said control server to request that the control server provide the current connection information for said wearable EEG monitoring module to said computer device (See Hildner at least at Abstract; Paras. [0069]-[0075] (“The database thus provides the ability to look up and control a monitored mobile device (1100) if a user knows the identifying information […] The control service (1410) also manages the status of each monitored mobile device (1100) known to it. The status of the each monitored mobile device (1100) defines whether the mobile device is currently online and available, the aspects of monitoring that the device is configured to support, and whether the monitored mobile device (1100) has uploaded all monitored information that has been collected […] Requests one or more monitored mobile device (1100) to start/stop specific aspects of monitoring […] the control service (1410) provides a user interface for managing monitored mobile devices, commands, and the command (results). In some embodiments, this is a web-based interface”), [0160]-[0162]; Figs. 1-7; Claims 3, 10). Ballantyne teaches sending communication information over the Internet (See Ballantyne supra).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala, Fisher, Ballantyne and Newman to incorporate the teachings of Hildner and provide gateways and control servers. Hildner is directed to mobile computer device monitoring and control system. Incorporating the gateways and identification of Hildner with the communication and connections with medical devices as in Newman with the patient care and communication hubs of Ballentyne, the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
Regarding claim 3, Rantala as modified by Fisher, Ballantyne, Newman and Hildner discloses all the limitations of claim 1 and Hildner further teaches retrieving, from said computer device, log data from said wearable EEG monitoring module via said gateway (See Hildner at least at Abstract; Paras. [0133], [0144]-[0146] (“To maintain control over the device, the selective router module must be able to block, modify, filter, log or permit such communication.”)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala, Fisher, Ballantyne and Newman to incorporate the teachings of Hildner and provide certain log data. Hildner is directed to mobile computer device monitoring and control system. Incorporating the gateways and control system of Hildner with the communication and connections with medical devices as in Newman with the patient care and communication hubs of Ballentyne, the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
Regarding claim 4, Rantala as modified by Fisher, Ballantyne, Newman and Hildner discloses all the limitations of claim 1 and Newman further teaches automatically updating said EEG module connection register of the control server upon creation of new patient records in said patient record server (See Newman at least at Abstract; Paras. [0082]-[0083], [0101] (“The event data 318 correlates a medical device identifier with an event identifier, and additional descriptive information regarding the event occurring in the medical device. Examples of events tracked using the event tracking module 312 include power events, alarm events, maintenance events, telemetry events, therapy events, or therapy change events in the various medical devices.”), [0131] (“Upon clearance of the alarm event, the medical device transmits an indication to the medical device server that it has returned to its previous operational state, and the table is updated appropriately.”), [0137]-[0139], [0147], [0152]-[0161] (“FIG. 11 shows an identity schema 1100 used to identify various operational characteristics of each of the medical devices communicatively associated with a medical device server […] The access table 1106 includes an IP address and Physical Id corresponding to the specific networking connection corresponding to the physical device to the IP address. The package tables 1108 describe additional details of the software or firmware package in use by the medical device, such as the name and version of the software package […] FIG. 13 shows a patient table 1300 used to track patient information for association with the medical device. The patient table 1300 includes an identifier and a name element. The name element holds metadata related to the patient's name, and the identifier associates to a statistically unique identifier for association with that patient. Other patient-related metadata can be included as well.”), [0187]-[0189] (“In the case of the therapy event table 2300, the trigger metadata relates to a setup, begin, end or update therapy event as related to initialization or ending of a therapy by a medical device.”), [0211]-[0215] (“[C]onfirmation module 3410 sends a confirmation message to the medical device server indicating that the medical device is successfully synchronized to the server, allowing the server to track which medical devices have been successfully synchronized with the server.”), [0305]; Figs. 1-33, 64-67).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala, Fisher, Ballantyne and Hildner to incorporate the teachings of Newman and provide updating data. Newman is directed to medical device communications and connections. Incorporating the communication and connections with medical devices as in Newman with the gateways and control system of Hildner, the patient care and communication hubs of Ballentyne, the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
Regarding claim 5, Rantala as modified by Fisher, Ballantyne, Newman and Hildner discloses all the limitations of claim 1 and Newman further teaches uploading current connection information to said control server upon detection of a new connection to the Internet (See Newman at least at Abstract; Paras. [0082]-[0083], [0094]-[0097], [0101] (“The event data 318 correlates a medical device identifier with an event identifier, and additional descriptive information regarding the event occurring in the medical device. Examples of events tracked using the event tracking module 312 include power events, alarm events, maintenance events, telemetry events, therapy events, or therapy change events in the various medical devices.”), [0131] (“Upon clearance of the alarm event, the medical device transmits an indication to the medical device server that it has returned to its previous operational state, and the table is updated appropriately.”), [0137]-[0139], [0147], [0152]-[0161], [0171]-[0175] (“The maintenance schedule is stored in a database of the medical device server or back office components, and includes both a time value for the maintenance reminder events included in the schedule and for the medical device. The maintenance schedule also optionally references maintenance data, such as required operational software updates or various other configuration parameters.”), [0187]-[0189] (“In the case of the therapy event table 2300, the trigger metadata relates to a setup, begin, end or update therapy event as related to initialization or ending of a therapy by a medical device.”), [0211]-[0215] (“[C]onfirmation module 3410 sends a confirmation message to the medical device server indicating that the medical device is successfully synchronized to the server, allowing the server to track which medical devices have been successfully synchronized with the server.”), [0223]-[0227] (functions available when connected to Internet, updates and connections), [0305]; Figs. 1-33, 64-67; See also Wu at least at Paras. [0008]-[0016] (“The firmware control module may also include an interrogator configured to monitor operation of the IMD and detect the one or both of the device irregularity or the communication signal from the external device […] The firmware control module may also include an interrogator configured to monitor operation of the IMD and detect the one or both of the device irregularity or the communication signal from the external device.), [0030]-[0031] (network and internet), [0071] (uploading data during connection).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala, Fisher, Ballantyne and Hildner to incorporate the teachings of Newman and provide communication and connection information and using the Internet. Newman is directed to medical device communications and connections. Incorporating the communication and connections with medical devices as in Newman with the gateways and control system of Hildner, the patient care and communication hubs of Ballentyne, the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
Regarding claim 21, claim 21 recites substantially the same limitations as included in independent claim 1 and is rejected under the same grounds of rejection and reasoning applied to claim 1.
Claim 2 is rejected under 35 U.S.C. 103(a) as being unpatentable over Rantala, in view of Fisher, in view of Ballantyne, in view of Newman, in view of Hildner and further in view of U.S. 2005/0060202 A1 to Taylor et al., hereinafter “Taylor.”
Regarding claim 2, Rantala as modified by Fisher, Ballantyne, Newman and Hildner discloses all the limitations of claim 1. The references may not specifically describe but Taylor teaches wherein an Internet enabled personal communication device and said wearable EEG monitoring module are connected for establishing a wireless connection, whereby the personal communication device becomes a gateway for said wearable EEG monitoring module to a patient record server over the Internet (See Taylor at least at Abstract; Paras. [0003]-[0004] (PDA), [0025]-[0034] (interface to the Internet – personal computer device), [0043]-[0049] (wireless connection), [0054]-[0057] (wireless connection and PDA as gateway, name requests, IP addresses), [0063], [0068], [0073] (“[T]he HIS 110 may require all information about a patient be sent to the HIS 110. The node 106 or the HIS 110 may resolve which medical devices 216 from which to obtain the medical information and consistently send that information to the HIS 110. The requests may also establish a flow-through of data. In other words, the information produced by the medical device 216 is sent to the requester whenever the node 106 receives the information from the medical device 216.”), [0078]-[0079], [0093]; Figs. 1-8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala, Fisher, Ballantyne, Newman and Hildner to incorporate the teachings of Taylor and provide communication and connection information. Taylor is directed to coupling medical devices in a gateway and network. Incorporating the devices and networks of Taylor with the communication and connections with medical devices as in Newman, the gateways and control system of Hildner, the patient care and communication hubs of Ballentyne, the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
Regarding claim 6, Rantala as modified by Fisher, Ballantyne, Newman and Hildner discloses all the limitations of claim 1. The references may not specifically describe but Taylor teaches assigning in said EEG module connection register a unique identity to said wearable EEG monitoring module and mapping this unique identity to an IP address and a port number (See Taylor at least at Abstract; Paras. [0003]-[0004] (PDA), [0025]-[0034] (interface to the Internet – personal computer device), [0043]-[0049] (port numbers and wireless connection), [0054]-[0057] (wireless connection and PDA as gateway, name requests, IP addresses), [0063], [0093], [0211]-[0215] (“[C]onfirmation module 3410 sends a confirmation message to the medical device server indicating that the medical device is successfully synchronized to the server, allowing the server to track which medical devices have been successfully synchronized with the server.”); Figs. 1-8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala, Fisher, Ballantyne, Newman and Hildner to incorporate the teachings of Taylor and provide communication and connection information. Taylor is directed to coupling medical devices in a gateway and network. Incorporating the devices and networks of Taylor with the communication and connections with medical devices as in Newman, the gateways and control system of Hildner, the patient care and communication hubs of Ballentyne, the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
Claim 7 is rejected under 35 U.S.C. 103(a) as being unpatentable over Rantala, in view of Fisher, in view of Ballantyne, in view of Newman, in view of Hildner, in view of Taylor and further in view of U.S. 2015/0057717 A1 to Wu et al., hereinafter “Wu.”
Regarding claim 7, Rantala as modified by Fisher, Ballantyne, Newman and Hildner discloses all the limitations of claim 2. The references may not specifically describe but Wu teaches wherein a medical care professional retrieves data from and adjusts settings of said wearable EEG monitoring module during a remote EEG surveillance session by means of a computer program running on said computer device (See Wu at least at Abstract; Paras. [0002]-[0003] (EEG), [0011]-[0016] (“[A]n implantable medical device (IMD) configured to be implanted within a patient and communicate with an external device remote from the patient. The IMD may include a communication module, a therapy control module, a firmware control module, and a service application. The communication module is configured to wirelessly communicate over an RF link with the external device.”), [0030]-[0031] (Internet); Figs. 2-9). While Taylor teaches wherein the computer program retrieves identification of said wearable EEG monitoring module from the patient record server and retrieves the associated connection information from the EEG module connection register administered by the control server (See Taylor at least at Abstract; Paras. [0003]-[0004] (PDA), [0025]-[0034] (interface to the Internet – personal computer device), [0043]-[0049] (wireless connection), [0054]-[0057] (wireless connection and PDA as gateway, name requests, IP addresses), [0063], [0068], [0073] (“[T]he HIS 110 may require all information about a patient be sent to the HIS 110. The node 106 or the HIS 110 may resolve which medical devices 216 from which to obtain the medical information and consistently send that information to the HIS 110. The requests may also establish a flow-through of data. In other words, the information produced by the medical device 216 is sent to the requester whenever the node 106 receives the information from the medical device 216.”), [0093]; Figs. 1-8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala, Fisher, Ballantyne, Newman and Hildner to incorporate the teachings of Taylor and provide communication and connection settings and patient records. Taylor is directed to coupling medical devices in a gateway and network. Incorporating the devices and networks of Taylor with the communication and connections with medical devices as in Newman, the gateways and control system of Hildner, the patient care and communication hubs of Ballentyne, the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
Claims 8-17 are rejected under 35 U.S.C. 103(a) as being unpatentable over Rantala, in view of Fisher, in view of Ballantyne, in view of Newman, in view of Hildner, in view of Taylor and further in view of U.S. 2014/0247140 A1 to Proud, hereinafter “Proud,”
Regarding claim 8, Rantala as modified by Fisher, Ballantyne, Newman, Hildner and Taylor discloses all the limitations of claim 1. The references may not teach but Proud teaches a network connection handling element being adapted for detecting the presence of a wireless connection between said wearable EEG monitoring module and said gateway, and in response uploading current connection information to said control server (See Proud at least at Abstract; Paras. [0022]-[0024], . [0087] (authorized third party interaction), [0125]-[0133], [0135]-[0140] (direct connection to remote sensors and connectivity through a network gateway), [0165]-[0168], [0210] (“Application requirements may include, for example, bit-rate requirements, quality of service requirements, connectivity continuity requirements and privacy/security requirements.”); Claim 9; Figs. 1-3, 15-22).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala, Fisher, Ballantyne, Newman, Hildner and Taylor to incorporate the teachings of Proud and provide communication and network connection handling. Proud is directed to a monitoring devices and wireless communication. Incorporating the devices of Proud with the devices and networks of Taylor with the communication and connections, the medical devices as in Newman, the gateways and control system of Hildner, the patient care and communication hubs of Ballentyne, the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
Ballantyne further teaches providing the current connection information over the Internet to a computer device upon request (See Ballantyne at least at Paras. [0042] (hub and connected medical devices), [0087]-[0088], [0153] (the internet to control and/or monitor a patient-care device), [0364] (“Each of the communication modules 124A-124K optionally includes one or more transceivers for optionally communicating over one or more wireless links to each other, to the device dock 104, to the monitoring-client dock 102, to the monitoring client 1, to the remote communicator 11, to the monitoring server 3, over the local area network and/or wide area network (e.g., the Internet), to a hub 802 (see FIG. 8) and/or otherwise to communicate with any other device having sufficient wireless communications capability […] can be implemented using any wireless communication protocol that, for example, allows for device discovery, handshaking, and/or inter-device communication as described herein, whether in a static, dynamic, or ad hoc topology ” These store/communicate connection information.), [0390], [0467] (known communications method), [0482]-[0483] (Current patient and device information and connectivity), [0491]; Figs. 1-2, 4, 6, 8, 10, 136-139).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala, Fisher, Proud, Newman, Hildner and Taylor to incorporate the teachings of Ballantyne and provide communication and connection information. Ballantyne relates to patient care and communication hubs. Incorporating the patient care and communication hubs of Ballentyne with the devices of Proud, the devices and networks of Taylor, the communication and connections, the medical devices as in Newman, the gateways and control system of Hildner, the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
The references may not teach but Taylor teaches a control server providing an EEG module connection register including said unique identity of EEG monitoring modules associated with current connection information (See Taylor at least at Abstract; Paras. [0003]-[0004] (PDA), [0025]-[0034] (interface to the Internet – personal computer device), [0043]-[0049] (port numbers and wireless connection), [0054]-[0057] (wireless connection and PDA as gateway, name requests, IP addresses), [0063], [0093], [0211]-[0215] (“[C]onfirmation module 3410 sends a confirmation message to the medical device server indicating that the medical device is successfully synchronized to the server, allowing the server to track which medical devices have been successfully synchronized with the server.”); Figs. 1-8; See also Newman at least at Paras. [0211]-[0215] (“[C]onfirmation module 3410 sends a confirmation message to the medical device server indicating that the medical device is successfully synchronized to the server, allowing the server to track which medical devices have been successfully synchronized with the server.”); Figs. 1-6); and a system comprising: a patient record server accessible over the Internet, and providing an electronic medical record database, each patient record including a unique identity for an associated wearable EEG monitoring module (See Taylor at least at Abstract; Paras. [0003]-[0004] (PDA), [0025]-[0034] (interface to the Internet – personal computer device), [0043]-[0049] (wireless connection), [0054]-[0057] (wireless connection and PDA as gateway, name requests, IP addresses), [0063], [0068], [0073] (“[T]he HIS 110 may require all information about a patient be sent to the HIS 110. The node 106 or the HIS 110 may resolve which medical devices 216 from which to obtain the medical information and consistently send that information to the HIS 110. The requests may also establish a flow-through of data. In other words, the information produced by the medical device 216 is sent to the requester whenever the node 106 receives the information from the medical device 216.”), [0093]; Figs. 1-8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala, Fisher, Proud, Newman, Hildner and Ballentyne to incorporate the teachings of Taylor and provide communication and connection information. Taylor relates to medical devices and networks. Incorporating the medical devices and networks of Taylor with patient care and communication hubs of Ballentyne, the devices of Proud, the communication and connections, the medical devices as in Newman, the gateways and control system of Hildner, the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
While Hildner teaches wherein the control server is adapted for updating the connection information in the EEG module connection register when receiving communicated connection information, and wherein said computer device is adapted for establishing a direct connection to said wearable EEG monitoring module based on the current connection information requested from said control server (See Hildner at least at Abstract; Paras. [0069]-[0075] (“The database thus provides the ability to look up and control a monitored mobile device (1100) if a user knows the identifying information […] The control service (1410) also manages the status of each monitored mobile device (1100) known to it. The status of the each monitored mobile device (1100) defines whether the mobile device is currently online and available, the aspects of monitoring that the device is configured to support, and whether the monitored mobile device (1100) has uploaded all monitored information that has been collected […] Requests one or more monitored mobile device (1100) to start/stop specific aspects of monitoring […] the control service (1410) provides a user interface for managing monitored mobile devices, commands, and the command (results). In some embodiments, this is a web-based interface”), [0160]-[0162]; Figs. 1-7; Claims 3, 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala, Fisher, Proud, Newman, Taylor and Ballentyne to incorporate the teachings of Hildner and provide communication information and connections. Hildner relates to gateways and control devices. Incorporating the gateways and control system of Hildner with the medical devices and networks of Taylor, the patient care and communication hubs of Ballentyne, the devices of Proud, the communication and connections, the medical devices as in Newman, the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
Regarding claim 9, Rantala as modified by Fisher, Ballantyne, Proud, Newman, Hildner and Taylor discloses all the limitations of claim 8 and Taylor further teaches wherein said network connection handling element is contained in said wearable EEG monitoring module (See Taylor at least at Paras. [0060]-[0063]; Figs. 1-8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala, Fisher, Proud, Newman, Hildner and Ballentyne to incorporate the teachings of Taylor and provide communication and connection information. Taylor relates to medical devices and networks. Incorporating the medical devices and networks of Taylor with patient care and communication hubs of Ballentyne, the devices of Proud, the communication and connections, the medical devices as in Newman, the gateways and control system of Hildner, the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
Regarding claim 10, Rantala as modified by Fisher, Ballantyne, Proud, Newman, Hildner and Taylor discloses all the limitations of claim 8 and Taylor further teaches wherein said network connection handling element is contained in an Internet enabled personal communication device, and5PRELIMINARY AMENDMENT Attorney Docket No.: Q233066Appln. No.: National Stage of PCT/EP2015/077210 wherein said Internet enabled personal communication device and said wearable EEG monitoring module are provided with respective transceivers for establishing a short range wireless connection, whereby the personal communication device becomes said gateway for said wearable EEG monitoring module to the Internet (See Taylor at least at Abstract; Paras. [0003]-[0004] (PDA), [0025]-[0034] (interface to the Internet – personal computer device), [0043]-[0049] (wireless connection), [0054]-[0057] (wireless connection and PDA as gateway, name requests, IP addresses), [0063], [0093]; Figs. 1-8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala, Fisher, Proud, Newman, Hildner and Ballentyne to incorporate the teachings of Taylor and provide communication and connection information. Taylor relates to medical devices and networks. Incorporating the medical devices and networks of Taylor with patient care and communication hubs of Ballentyne, the devices of Proud, the communication and connections, the medical devices as in Newman, the gateways and control system of Hildner, the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
Regarding claim 11, Rantala as modified by Fisher, Ballantyne, Proud, Newman, Hildner and Taylor discloses all the limitations of claim 10 and Taylor further teaches wherein said network connection handling element is adapted for detecting the presence of said short range wireless connection to said wearable EEG monitoring module, and for communicating said current connection information to said control server (See Taylor at least at Abstract; Paras. [0003]-[0004] (PDA), [0025]-[0034] (interface to the Internet – personal computer device), [0043]-[0049] (wireless connection), [0054]-[0057] (wireless connection and PDA as gateway, name requests, IP addresses), [0063], [0073], [0093]; Claims 6-15; Figs. 1-8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala, Fisher, Proud, Newman, Hildner and Ballentyne to incorporate the teachings of Taylor and provide communication and connection information. Taylor relates to medical devices and networks. Incorporating the medical devices and networks of Taylor with patient care and communication hubs of Ballentyne, the devices of Proud, the communication and connections, the medical devices as in Newman, the gateways and control system of Hildner, the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
Regarding claim 12, Rantala as modified by Fisher, Ballantyne, Proud, Newman, Hildner and Taylor discloses all the limitations of claim 8 and Hildner further teaches wherein the computer device is adapted for retrieving log data from said wearable EEG monitoring module using said gateway (See Hildner at least at Abstract; Paras. [0133], [0144]-[0146] (“To maintain control over the device, the selective router module must be able to block, modify, filter, log or permit such communication.”)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala, Fisher, Proud, Newman, Taylor and Ballentyne to incorporate the teachings of Hildner and provide communication information and connections. Hildner relates to gateways and control devices. Incorporating the gateways and control system of Hildner with the medical devices and networks of Taylor, the patient care and communication hubs of Ballentyne, the devices of Proud, the communication and connections, the medical devices as in Newman, the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
Regarding claim 13, Rantala as modified by Fisher, Ballantyne, Proud, Newman, Hildner and Taylor discloses all the limitations of claim 8 and Ballantyne further teaches wherein said patient record server and said control server are two separate entities (See Ballantyne at least at Paras. [0042], [0063]-[0064] (“[A] system for electronic patient care includes a hub configured to communicate with electronic medical records, and a patient-care device. The hub is configured to identify a patient and the patient-care device (e.g., an infusion pump). The hub is also configured to download at least one treatment parameter (e.g., an infusion drug, and/or an infusion rate or rate profile, etc.) from the electronic medical records and program the patient-care device with the at least one treatment parameter.”), [0153] (“[The] hub is in operative communication with at least one of electronic medical records, DERS, CPOE, and/or and the internet to control and/or monitor a patient-care device.”), [0380]-[0384], [0390]-[0391], [0467] (known communications method), [0482]-[0484] (Current patient and device information and connectivity and other capabilities), [0491], [0741] (“[D]evices associated with a particular patient, with current data from the devices and one-touch access to some of the patient's medical information in accordance with an embodiment of the present disclosure.”), [0813]; Figs. 1-2, 4, 6, 8, 10, 136-139);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala, Fisher, Proud, Newman, Hildner and Taylor to incorporate the teachings of Ballantyne and provide communication and connection information. Ballantyne relates to patient care and communication hubs. Incorporating the patient care and communication hubs of Ballentyne with the devices of Proud, the devices and networks of Taylor, the communication and connections, the medical devices as in Newman, the gateways and control system of Hildner, the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
Regarding claim 14, Rantala as modified by Fisher, Ballantyne, Proud, Newman, Hildner and Taylor discloses all the limitations of claim 8 and Taylor further teaches wherein said patient record server automatically updates said EEG module connection register of the control server upon creation of new patient records (See Taylor at least at Abstract; Paras. [0003]-[0004] (PDA), [0025]-[0034] (interface to the Internet – personal computer device), [0043]-[0049] (wireless connection), [0054]-[0057] (wireless connection and PDA as gateway, name requests, IP addresses), [0063], [0068], [0073] (“[T]he HIS 110 may require all information about a patient be sent to the HIS 110. The node 106 or the HIS 110 may resolve which medical devices 216 from which to obtain the medical information and consistently send that information to the HIS 110. The requests may also establish a flow-through of data. In other words, the information produced by the medical device 216 is sent to the requester whenever the node 106 receives the information from the medical device 216.”), [0093]; Claims 6-15; Figs. 1-8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala, Fisher, Proud, Newman, Hildner and Ballentyne to incorporate the teachings of Taylor and provide communication and connection information. Taylor relates to medical devices and networks. Incorporating the medical devices and networks of Taylor with patient care and communication hubs of Ballentyne, the devices of Proud, the communication and connections, the medical devices as in Newman, the gateways and control system of Hildner, the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
Regarding claim 15, Rantala as modified by Fisher, Ballantyne, Proud, Newman, Hildner and Taylor discloses all the limitations of claim 10 and Hildner further teaches wherein said EEG module connection register each wearable EEG monitoring module present in the EEG module connection register (See Hildner at least at Abstract; Paras. [0069]-[0075] (“The database thus provides the ability to look up and control a monitored mobile device (1100) if a user knows the identifying information […] The control service (1410) also manages the status of each monitored mobile device (1100) known to it. The status of the each monitored mobile device (1100) defines whether the mobile device is currently online and available, the aspects of monitoring that the device is configured to support, and whether the monitored mobile device (1100) has uploaded all monitored information that has been collected […] Requests one or more monitored mobile device (1100) to start/stop specific aspects of monitoring […] the control service (1410) provides a user interface for managing monitored mobile devices, commands, and the command (results). In some embodiments, this is a web-based interface”), [0160]-[0162]; Figs. 1-7; Claims 3, 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala, Fisher, Proud, Newman, Taylor and Ballentyne to incorporate the teachings of Hildner and provide communication information and connections. Hildner relates to gateways and control devices. Incorporating the gateways and control system of Hildner with the medical devices and networks of Taylor, the patient care and communication hubs of Ballentyne, the devices of Proud, the communication and connections, the medical devices as in Newman, the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
Regarding claim 16, Rantala as modified by Fisher, Ballantyne, Proud, Newman, Hildner and Taylor discloses all the limitations of claim 8 and Newman further teaches wherein said network connection handling element is adapted for communicating said current connection information to said control server upon detection of a new connection to the Internet (See Newman at least at Abstract; Paras. [0082]-[0083], [0094]-[0097], [0101] (“The event data 318 correlates a medical device identifier with an event identifier, and additional descriptive information regarding the event occurring in the medical device. Examples of events tracked using the event tracking module 312 include power events, alarm events, maintenance events, telemetry events, therapy events, or therapy change events in the various medical devices.”), [0131] (“Upon clearance of the alarm event, the medical device transmits an indication to the medical device server that it has returned to its previous operational state, and the table is updated appropriately.”), [0137]-[0139], [0147], [0152]-[0161], [0171]-[0175] (“The maintenance schedule is stored in a database of the medical device server or back office components, and includes both a time value for the maintenance reminder events included in the schedule and for the medical device. The maintenance schedule also optionally references maintenance data, such as required operational software updates or various other configuration parameters.”), [0187]-[0189] (“In the case of the therapy event table 2300, the trigger metadata relates to a setup, begin, end or update therapy event as related to initialization or ending of a therapy by a medical device.”), [0211]-[0215] (“[C]onfirmation module 3410 sends a confirmation message to the medical device server indicating that the medical device is successfully synchronized to the server, allowing the server to track which medical devices have been successfully synchronized with the server.”), [0223]-[0227] (functions available when connected to Internet, updates and connections), [0305]; Figs. 1-33, 64-67; See also Wu at least at Paras. [0008]-[0016] (“The firmware control module may also include an interrogator configured to monitor operation of the IMD and detect the one or both of the device irregularity or the communication signal from the external device […] The firmware control module may also include an interrogator configured to monitor operation of the IMD and detect the one or both of the device irregularity or the communication signal from the external device.), [0030]-[0031] (network and internet), [0071] (uploading data during connection).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala, Fisher, Proud, Taylor, Hildner and Ballentyne to incorporate the teachings of Newman and provide connection information and handling in a device. Newman relates to communicating information to medical devices and connections thereto. Incorporating the medical devices and updates and connections as in Newman with the medical devices and networks of Taylor, patient care and communication hubs of Ballentyne, the devices of Proud, the communication and connections, the gateways and control system of Hildner, the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
Regarding claim 17, Rantala as modified by Fisher, Ballantyne, Proud, Newman, Hildner and Taylor discloses all the limitations of claim 8 and Taylor further teaches wherein said EEG Module Connection Register of the control server is adapted to assigning in said EEG module connection register a unique identity to said wearable EEG monitoring module and mapping this unique identity to an IP address and a port number (See Taylor at least at Abstract; Paras. [0003]-[0004] (PDA), [0025]-[0034] (interface to the Internet – personal computer device), [0043]-[0049] (wireless connection), [0054]-[0057] (wireless connection and PDA as gateway, name requests, IP addresses), [0063], [0068], [0073] (“[T]he HIS 110 may require all information about a patient be sent to the HIS 110. The node 106 or the HIS 110 may resolve which medical devices 216 from which to obtain the medical information and consistently send that information to the HIS 110. The requests may also establish a flow-through of data. In other words, the information produced by the medical device 216 is sent to the requester whenever the node 106 receives the information from the medical device 216.”), [0093]; Figs. 1-8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala, Fisher, Proud, Newman, Hildner and Ballentyne to incorporate the teachings of Taylor and provide communication and connection information. Taylor relates to medical devices and networks. Incorporating the medical devices and networks of Taylor with patient care and communication hubs of Ballentyne, the devices of Proud, the communication and connections, the medical devices as in Newman, the gateways and control system of Hildner, the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
Claims 18-20 are rejected under 35 U.S.C. 103(a) as being unpatentable over U.S. 8,957,777 B2 to Baker, hereinafter “Baker ‘777,” in view of Taylor, in view of Ballantyne, in view of Newman, in view of Hildner and further in view of U.S. 2014/0235166 A1 to Molettiere et al., hereinafter “Molettiere,”
Regarding claim 18, Baker ‘777 discloses A non-transitory computer-readable storage medium having computer- executable instructions, which comprise a remote ward round session application which when executed on a computer device is adapted for manipulating a wearable EEG monitoring module (See Baker at Col 4. Ln. 5-24 (EEG device); See also Rentala supra) during a remote ward round session, and for performing a method comprising the steps of: launching the remote ward round session application on the computer device (See Baker ‘777 at Col. 4, ln. 37 – Col. 6, ln. 62; Figs. 1-6).
Baker ‘777 may not specifically describe but Taylor teaches accessing a patient record server for accessing a patient record for the user of the wearable EEG monitoring module to be manipulated, said patient record containing a unique identity of said wearable EEG monitoring module (See Taylor at least at Abstract; Paras. [0003]-[0004] (PDA), [0025]-[0034] (interface to the Internet – personal computer device), [0043]-[0049] (wireless connection), [0054]-[0057] (wireless connection and PDA as gateway, name requests, IP addresses), [0063], [0068], [0073] (“[T]he HIS 110 may require all information about a patient be sent to the HIS 110. The node 106 or the HIS 110 may resolve which medical devices 216 from which to obtain the medical information and consistently send that information to the HIS 110. The requests may also establish a flow-through of data. In other words, the information produced by the medical device 216 is sent to the requester whenever the node 106 receives the information from the medical device 216.”), [0093]; Claims 6-15; Figs. 1-8; See also Rantala. at least at Abstract; Paras. [0001]-[0005] (EEG device/sensor. Identity and location data. “[T]ransmitting the pulse data from each of the sensors to a wireless device such that the pulse data does not pass through an on-patient hub before reaching the wireless device, identifying each of the sensors that acquired pulse data having a common pulse data characteristic, and assigning each of the identified sensors to a single patient.”), [0013]-[0016], [0019]-[0025], [0028]-[0030]; Claims 1-7, 12 (“[A]signing each of said identified sensors to a single patient.”); Figs. 1-4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Baker ‘777 to incorporate the teachings of Taylor and provide communication and connection information. Taylor relates to medical devices and networks. Incorporating the medical devices and networks of Taylor with the body area network pairing improvements as in Baker ‘777 would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
The references may not specifically but Ballentyne teaches accessing a patient record server over the Internet; establishing a direct connection over the Internet between said computer device and said wearable EEG monitoring module for programming said wearable EEG monitoring module; continuously updated Internet connection (See Ballantyne at least at Paras. [0042] (“The first module may be configured to receive and store measured parameters pertaining to a patient's current condition (i.e., patient-condition parameters).”), [0087]-[0088], [0146] (device identity and continuously monitored information), [0153] (the internet to control and/or monitor a patient-care device), [0364] (“Each of the communication modules 124A-124K optionally includes one or more transceivers for optionally communicating over one or more wireless links to each other, to the device dock 104, to the monitoring-client dock 102, to the monitoring client 1, to the remote communicator 11, to the monitoring server 3, over the local area network and/or wide area network (e.g., the Internet), to a hub 802 (see FIG. 8) and/or otherwise to communicate with any other device having sufficient wireless communications capability […] can be implemented using any wireless communication protocol that, for example, allows for device discovery, handshaking, and/or inter-device communication as described herein, whether in a static, dynamic, or ad hoc topology ” These store/communicate connection information.), [0381]-[0382], [0390]-[0391], [0467] (known communications method), [0482]-[0484] (Current patient and device information and connectivity and other capabilities), [0491], [0741] (“[D]evices associated with a particular patient, with current data from the devices and one-touch access to some of the patient's medical information in accordance with an embodiment of the present disclosure.”), [0813]; Claims 15-16, 24; Figs. 1, 6, 8-10, 136-139).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Baker ‘777 and Taylor to incorporate the teachings of Ballentyne and provide communication and connection information. Ballentyne is directed to the patient devices, hubs and communication links and Internet. Incorporating the device and hubs of Ballentyne with the medical devices and networks of Taylor, the body area network pairing improvements as in Baker ‘777 would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
The references may not specifically describe but Molettiere teaches launching the remote ward round session application on the computer device; accessing from the remote ward round session application (See Molettiere at least at Paras. [0014]-[0020], [0027]-[0032], [0051]-[0052]; Claim 1; Fig. 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Baker ‘777, Taylor and Ballentyne to incorporate the teachings of Molettiere and provide a remote ward session application. Molettiere relates to a system and method for wireless device pairing. Incorporating the applications as in Molettiere with the device and hubs of Ballentyne, the medical devices and networks of Taylor, the body area network pairing improvements as in Baker ‘777 would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
The references may not specifically describe but Newman teaches using the unique identity in the accessed patient record, retrieving connection information for said wearable EEG monitoring module from an EEG module connection register administered by a control server (See Newman at least at Abstract; Paras. [0082]-[0083], [0094]-[0097], [0101] (“The event data 318 correlates a medical device identifier with an event identifier, and additional descriptive information regarding the event occurring in the medical device. Examples of events tracked using the event tracking module 312 include power events, alarm events, maintenance events, telemetry events, therapy events, or therapy change events in the various medical devices.”), [0131] (“Upon clearance of the alarm event, the medical device transmits an indication to the medical device server that it has returned to its previous operational state, and the table is updated appropriately.”), [0137]-[0139], [0147], [0152]-[0161], [0171]-[0175] (“The maintenance schedule is stored in a database of the medical device server or back office components, and includes both a time value for the maintenance reminder events included in the schedule and for the medical device. The maintenance schedule also optionally references maintenance data, such as required operational software updates or various other configuration parameters.”), [0187]-[0189] (“In the case of the therapy event table 2300, the trigger metadata relates to a setup, begin, end or update therapy event as related to initialization or ending of a therapy by a medical device.”), [0213]-[0215] (synchronizing event log data), [0223]-[0227] (functions available when connected to Internet, updates and connections), [0305]; Figs. 1-33, 64-67; See also Wu at least at Paras. [0008]-[0016] (“The firmware control module may also include an interrogator configured to monitor operation of the IMD and detect the one or both of the device irregularity or the communication signal from the external device […] The firmware control module may also include an interrogator configured to monitor operation of the IMD and detect the one or both of the device irregularity or the communication signal from the external device.), [0030]-[0031] (network and internet), [0071] (uploading data during connection).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Baker ‘777, Taylor, Ballentyne and Molettiere to incorporate the teachings of Newman and provide identification and patient information and devices. Newman is directed to communicating information to medical devices. Incorporating the identification of patients and devices as in Newman with the applications as in Molettiere, the device and hubs of Ballentyne, the medical devices and networks of Taylor, the body area network pairing improvements as in Baker ‘777 would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
The references may not specifically describe but Proud teaches using the connection information retrieved over the internet from said control server, (See Proud at least at Paras. [0022]-[0024], [0135]-[0140] (direct connection to remote sensors and connectivity through a network gateway); Figs. 1-3, 15-22); and wherein the current connection information is information of the wearable EEG monitoring module for remote connection by an authorized third party to the wearable EEG monitoring module over the Internet (See Proud at least at Abstract; Paras. [0022]-[0024], . [0087] (authorized third party interaction), [0125]-[0133], [0135]-[0140] (direct connection to remote sensors and connectivity through a network gateway), [0165]-[0168], [0210] (“Application requirements may include, for example, bit-rate requirements, quality of service requirements, connectivity continuity requirements and privacy/security requirements.”); Claim 9; Figs. 1-3, 15-22).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Baker ‘777, Taylor, Ballentyne, Molettiere and Newman to incorporate the teachings of Proud and provide connection information and authorizations. Proud is directed to a monitoring device and wireless communications. Incorporating the devices and communication as in Proud with the identification of patients and devices as in Newman, the applications as in Molettiere, the device and hubs of Ballentyne, the medical devices and networks of Taylor, the body area network pairing improvements as in Baker ‘777 would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
The references may not describe but Hildner teaches wherein the computer device is not said EEG monitoring module or said control server (See Hildner at least at Abstract; Paras. [0069]-[0071], [0160]-[0162]; Figs. 1-7; Claims 3, 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Baker ‘777, Taylor, Ballentyne, Molettiere, Newman and Proud to incorporate the teachings of Hildner and provide a separate computing device. Hildner is directed to mobile computer device monitoring and control system. Incorporating the separate device as in Hildner with the devices and communication as in Proud, the identification of patients and devices as in Newman, the applications as in Molettiere, the device and hubs of Ballentyne, the medical devices and networks of Taylor, the body area network pairing improvements as in Baker ‘777 would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
Regarding claim 19, Baker ‘777 as modified by Taylor, Ballentyne, Newman, Proud, Hildner and Molettiere discloses all the limitations of claim 18 and Newman further teaches wherein the connection information retrieval and the direct connection establishment is provided automatically from a surveillance session application once the patient record has been accessed (See Newman at least at Abstract; Paras. [0082]-[0083] (adjust device), [0094]-[0097], [0101] (“The event data 318 correlates a medical device identifier with an event identifier, and additional descriptive information regarding the event occurring in the medical device. Examples of events tracked using the event tracking module 312 include power events, alarm events, maintenance events, telemetry events, therapy events, or therapy change events in the various medical devices.”), [0131] (“Upon clearance of the alarm event, the medical device transmits an indication to the medical device server that it has returned to its previous operational state, and the table is updated appropriately.”), [0137]-[0139], [0147], [0152]-[0161], [0171]-[0175] (“The maintenance schedule is stored in a database of the medical device server or back office components, and includes both a time value for the maintenance reminder events included in the schedule and for the medical device. The maintenance schedule also optionally references maintenance data, such as required operational software updates or various other configuration parameters.”), [0187]-[0189] (“In the case of the therapy event table 2300, the trigger metadata relates to a setup, begin, end or update therapy event as related to initialization or ending of a therapy by a medical device.”), [0215], [0223]-[0227] (functions available when connected to Internet, updates and connections), [0305]; Figs. 1-33, 64-67; See also Wu at least at Paras. [0008]-[0016] (“The firmware control module may also include an interrogator configured to monitor operation of the IMD and detect the one or both of the device irregularity or the communication signal from the external device […] The firmware control module may also include an interrogator configured to monitor operation of the IMD and detect the one or both of the device irregularity or the communication signal from the external device.), [0030]-[0031] (network and internet), [0071] (uploading data during connection).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Baker ‘777, Taylor, Ballentyne, Molettiere and Proud to incorporate the teachings of Newman and provide direct connections and access to patient devices. Newman relates to communicating with medical devices. Incorporating the medical devices and communication of Newman with the separate device as in Hildner, the devices and communication as in Proud, the applications as in Molettiere, the device and hubs of Ballentyne, the medical devices and networks of Taylor, the body area network pairing improvements as in Baker ‘777 would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
Regarding claim 20, Baker ‘777 as modified by Rantala, Newman, Proud, Hildner and Molettiere discloses all the limitations of claim 18 and Newman further teaches wherein the manipulation of the wearable EEG monitoring module comprises retrieving data from and/or adjusting settings of said wearable EEG monitoring module during the remote ward round session under control of a medical professional (See Newman at least at Abstract; Paras. [0082]-[0083] (Adjust the medical device), [0094]-[0097], [0101] (“The event data 318 correlates a medical device identifier with an event identifier, and additional descriptive information regarding the event occurring in the medical device. Examples of events tracked using the event tracking module 312 include power events, alarm events, maintenance events, telemetry events, therapy events, or therapy change events in the various medical devices.”), [0131] (“Upon clearance of the alarm event, the medical device transmits an indication to the medical device server that it has returned to its previous operational state, and the table is updated appropriately.”), [0137]-[0139], [0147], [0152]-[0161], [0171]-[0175] (“The maintenance schedule is stored in a database of the medical device server or back office components, and includes both a time value for the maintenance reminder events included in the schedule and for the medical device. The maintenance schedule also optionally references maintenance data, such as required operational software updates or various other configuration parameters.”), [0187]-[0189] (“In the case of the therapy event table 2300, the trigger metadata relates to a setup, begin, end or update therapy event as related to initialization or ending of a therapy by a medical device.”), [0211]-[0215] (“[C]onfirmation module 3410 sends a confirmation message to the medical device server indicating that the medical device is successfully synchronized to the server, allowing the server to track which medical devices have been successfully synchronized with the server.”), [0223]-[0227] (functions available when connected to Internet, updates and connections), [0305]; Figs. 1-35, 64-67; See also Wu at least at Paras. [0008]-[0016] (“The firmware control module may also include an interrogator configured to monitor operation of the IMD and detect the one or both of the device irregularity or the communication signal from the external device […] The firmware control module may also include an interrogator configured to monitor operation of the IMD and detect the one or both of the device irregularity or the communication signal from the external device.), [0030]-[0031] (network and internet), [0071] (uploading data during connection).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Baker ‘777, Taylor, Ballentyne, Molettiere and Proud to incorporate the teachings of Newman and provide direct connections and access to patient devices. Newman relates to communicating with medical devices. Incorporating the medical devices and communication of Newman with the separate device as in Hildner, the devices and communication as in Proud, the applications as in Molettiere, the device and hubs of Ballentyne, the medical devices and networks of Taylor, the body area network pairing improvements as in Baker ‘777 would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
Claim 22 is rejected under 35 U.S.C. 103(a) as being unpatentable over Rantala, in view of Fisher, in view of Ballantyne, in view of Newman, in view of Hildner and further in view of Molettiere.
Regarding claim 22, Rantala as modified by Fisher, Ballantyne, Newman and Hildner discloses all the limitations of claim 1. The references may not specifically describe but Molettiere teaches wherein said EEG monitoring module includes a network connection handling element having a unique identity for said EEG monitoring module, and wherein when sending the connection information, the current connection information of the network connection handling element is present as source address of a data packet embodying the connection information, and the unique identity for the EEG monitoring module is contained in the data packet (See Molettiere at least at Paras. [0014]-[0020], [0027]-[0032], [0044], [0051]-[0052]; Claim 1; Figs. 6, 13; See also Taylor at least at Abstract; Paras. [0003]-[0004] (PDA), [0025]-[0034] (interface to the Internet – personal computer device), [0043]-[0049] (wireless connection), [0054]-[0057] (wireless connection and PDA as gateway, name requests, IP addresses), [0063], [0068], [0073] (“[T]he HIS 110 may require all information about a patient be sent to the HIS 110. The node 106 or the HIS 110 may resolve which medical devices 216 from which to obtain the medical information and consistently send that information to the HIS 110. The requests may also establish a flow-through of data. In other words, the information produced by the medical device 216 is sent to the requester whenever the node 106 receives the information from the medical device 216.”), [0093]; Claims 6-15; Figs. 1-8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the disclosure of Rantala, Fisher, Ballantyne, Newman and Hildner to incorporate the teachings of Molettiere and provide network handling for identification information for a wearable computing device. Molettiere relates to a system and method for wireless device pairing. Incorporating the wireless device pairing of Molettiere with the gateways and identification of Hildner, the communication and connections with medical devices as in Newman with the patient care and communication hubs of Ballentyne, the modular device and gateway and connections of Fisher and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of providing a network connection to a wearable EEG monitoring device module.
Response to Arguments
Applicant’s response and arguments filed June 26, 2026 have been fully considered, but they are not persuasive. The following explains why:
Applicant’s arguments pertaining to prior art rejections are persuasive. This second nonfinal includes new references Fisher, Ballantyne, Taylor, Newman and Wu. The claims have been addressed with regard to the 35 U.S.C. §103 rejection discussed above. The arguments pertaining to prior art references at pages 3-8 of the Applicant’s Remarks are rendered moot at least in view of new prior art references Fisher, Ballantyne, Taylor, Newman and Wu, discussed above. As such, it is submitted that the cited prior art, including those identified by Applicant, in the same field of endeavor, i.e., medical devices, and connection and device management, teaches and/or suggests all of the limitations of the pending claims under a broad and reasonable interpretation thereof.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: U.S. 7,240,364 B1 to Branscomb et al.
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/WILLIAM T. MONTICELLO/Examiner, Art Unit 3682
/FONYA M LONG/Supervisory Patent Examiner, Art Unit 3682
