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 RCE filed December 22, 2025, where:
Claims 1, 8, 18 and 21 have been amended;
Claim 23 is cancelled; and
Claims 1-22 are currently pending and considered herein.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/22/2025 has been entered.
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 1-4 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. 2014/0247140 A1 to Proud, hereinafter “Proud,” in view of U.S. 2011/0257994 A1 to Givens et al., hereinafter “Givens,” 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 via the Internet, wherein said wearable EEG monitoring module is connected to the Internet via a gateway (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 accessible over the Internet, 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).
The references may not specifically describe but Proud teaches in response to establishment of connection to the Internet via the gateway, communicating associated current connection information to a control server (See Proud at least at Paras. [0022]-[0024], [0087], [0135]-[0140] (Current location information and remote sensors and connectivity); Figs. 1-3, 15-22); 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 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 continuously updated Internet connection 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 id. at least at Paras. [0087] (authorized third party interaction), [0125]-[0133], [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).
The references may not specifically describe but Givens 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 Givens at least at Abstract; Paras. [0004]-[0016] (“[P]roviding a web-based service that provides a diagnostic hearing test system with at least one server that programmatically allows patient and registered audiologist users that are remote from each other to communicate.”), [0038], [0043], [0049]-[0055] (“The test adapter connection 20p.sub.2 to the Internet 100 can also be wired or wireless and may be configured to be operate both ways to allow for a user to select either to facilitate different patient preferences. The Internet 100 can be accessed via any desired device having access to the Internet including wireless communication systems (such as cellular telephones), PDAs, desktop or portable computers including lap or handheld computers and the like.”), [0061]-[0064], [0069]-[0072] (“[A]fter a test is scheduled or shipping to a patient/patient test site, then upon receipt having the patient electronically confirm that by entering the web portal and entering the device identifier or other identifying information.”), [0075]; Figs. 1-6).
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 over the Internet 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).
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 Proud, Givens and Hildner and provide communication and connection information, registering devices and transmitting data between computer devices. Proud is directed to monitoring devices with selectable wireless communication. Givens relates to internet-based client-server architecture for sensor devices. Hildner is directed to mobile computer device monitoring and control system. Incorporating the monitoring devices with selectable wireless communication of Proud with the internet-based client-server architecture for sensor devices of Givens, the mobile device monitoring and communication of Hildner and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of the claimed method for providing a network connection to a wearable EEG monitoring device module.
Regarding claim 2, Rantala as modified by Proud, Givens and Hildner discloses all the limitations of claim 1 and Givens further 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 Givens at least at Abstract; Paras. [0004]-[0016] (“[P]roviding a web-based service that provides a diagnostic hearing test system with at least one server that programmatically allows patient and registered audiologist users that are remote from each other to communicate.”), [0038], [0043], [0049]-[0055] (“The test adapter connection 20p.sub.2 to the Internet 100 can also be wired or wireless and may be configured to be operate both ways to allow for a user to select either to facilitate different patient preferences. The Internet 100 can be accessed via any desired device having access to the Internet including wireless communication systems (such as cellular telephones), PDAs, desktop or portable computers including lap or handheld computers and the like.”), [0061]-[0064], [0069]-[0072] (“[A]fter a test is scheduled or shipping to a patient/patient test site, then upon receipt having the patient electronically confirm that by entering the web portal and entering the device identifier or other identifying information.”), [0075]; Figs. 1-6).
Regarding claim 3, Rantala as modified by Proud, Givens 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.”)).
Regarding claim 4, Rantala as modified by Proud, Givens and Hildner discloses all the limitations of claim 1 and Givens 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 Givens at least at Abstract; Paras. [0004]-[0016], [0038], [0043], [0049]-[0055] (“The test adapter connection 20p.sub.2 to the Internet 100 can also be wired or wireless and may be configured to be operate both ways to allow for a user to select either to facilitate different patient preferences. The Internet 100 can be accessed via any desired device having access to the Internet including wireless communication systems (such as cellular telephones), PDAs, desktop or portable computers including lap or handheld computers and the like.”), [0060]-[0064] (“The system 10 can identify a queue of available physicians and update that queue so that physicians can connect into the system in a timely manner. The physician session can be remotely carried out in substantially real time after the audiologist or nurse requests a medical evaluation if a nurse or audiologist user determines that such is a desired action based on information obtained during a hearing test.”), [0069]-[0072] (“[A]fter a test is scheduled or shipping to a patient/patient test site, then upon receipt having the patient electronically confirm that by entering the web portal and entering the device identifier or other identifying information.”), [0075]; Figs. 1-6).
Regarding claim 21, Rantala discloses A wearable EEG monitoring module having a unique identity and being adapted to be connected to a computer device via the Internet, and comprising a network connection handling element (See Rantala at least at Abstract; Paras. [0001]-[0005] (“[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 […] (“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.”), [0013]-[0016], [0019]-[0021]; Claims 1-6, 12 (“[A]ssigning each of said identified sensors to a single patient.”); Figs. 1-4); being adapted to detect the presence of a wireless connection between the wearable EEG monitoring module and a gateway to the Internet, and in response to establishment of said wireless connection (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 Proud teaches whereby the computer device is configured to request the current connection information over the Internet from said control server based on the unique identity of the wearable EEG monitoring module, and to establish a direct connection to the wearable EEG monitoring module (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 continuously updated Internet connection 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 id. at least at Paras. [0087] (authorized third party interaction), [0125]-[0133], [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).
The references may not specifically describe but Givens teaches to communicate a current connection information for the wearable EEG monitoring module to a control server (See Givens at least at Abstract; Paras. [0004]-[0016] (“[P]roviding a web-based service that provides a diagnostic hearing test system with at least one server that programmatically allows patient and registered audiologist users that are remote from each other to communicate.”), [0038], [0043], [0049]-[0055] (“The test adapter connection 20p.sub.2 to the Internet 100 can also be wired or wireless and may be configured to be operate both ways to allow for a user to select either to facilitate different patient preferences. The Internet 100 can be accessed via any desired device having access to the Internet including wireless communication systems (such as cellular telephones), PDAs, desktop or portable computers including lap or handheld computers and the like.”), [0061]-[0064], [0069]-[0072] (“[A]fter a test is scheduled or shipping to a patient/patient test site, then upon receipt having the patient electronically confirm that by entering the web portal and entering the device identifier or other identifying information.”), [0075]; Figs. 1-6).
The references may not specifically describe but Hildner teaches wherein the computer device is not said EEG monitoring module, said control server, or said gateway (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 to incorporate the teachings of Proud, Givens and Hildner and provide communication and connection information, registering devices and transmitting data between computer devices. Proud is directed to monitoring devices with selectable wireless communication. Givens relates to internet-based client-server architecture for sensor devices. Hildner is directed to mobile computer device monitoring and control system. Incorporating the monitoring devices with selectable wireless communication of Proud with the internet-based client-server architecture for sensor devices of Givens, the mobile device monitoring and communication of Hildner and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of the claimed method for providing a network connection to a wearable EEG monitoring device module.
Claims 5-17 are rejected under 35 U.S.C. 103(a) as being unpatentable over Rantala, in view of Proud, in view of Givens, in view of Hildner and further in view of U.S. 2012/0003933 A1 to Baker et al., hereinafter “Baker.”
Regarding claim 5, Rantala as modified by Proud, Givens and Hildner discloses all the limitations of claim 1. The references may not specifically describe but Baker teaches uploading current connection information to said control server upon detection of a new connection to the Internet (See Baker. at least at Paras. [0015], [0022]-[0024], [0031], [0054], [0061]-[0066] [0093], [0111]; Figs. 2-9]).
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, Proud, Givens and Hildner to incorporate the teachings of Baker and provide uploading of connection information at certain times. Baker is directed to medical devices with proximity detection and transmission of information. Incorporating the medical devices and transmission techniques of Baker with the monitoring devices with selectable wireless communication of Proud with the internet-based client-server architecture for sensor devices of Givens, the mobile device monitoring and communication of Hildner and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of the claimed method for providing a network connection to a wearable EEG monitoring device module.
Regarding claim 6, Rantala as modified by Proud, Givens and Hildner discloses all the limitations of claim 1. The references may not specifically describe but Baker 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 id. at least at Paras. [0022]-[0024], [0049]-[0054], [0061]-[0066]; Figs. 2-9).
Regarding claim 7, Rantala as modified by Proud, Givens and Hildner discloses all the limitations of claim 2. The references may not specifically describe but Baker 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, 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 id. at least at Paras. [0022]-[0024], [0061]-[0066]; Figs. 2-9).
Regarding claim 8, Rantala as modified by Proud, Givens and Hildner discloses all the limitations of claim 1 and Proud further 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, and for providing the current connection information over the Internet to a computer device upon request (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).
Givens further teaches a control server providing an EEG module connection register including said unique identity of EEG monitoring modules associated with current connection information (See Givens at least at Abstract; Paras. [0004]-[0016] (“[P]roviding a web-based service that provides a diagnostic hearing test system with at least one server that programmatically allows patient and registered audiologist users that are remote from each other to communicate.”), [0038], [0043], [0049]-[0055] (“The test adapter connection 20p.sub.2 to the Internet 100 can also be wired or wireless and may be configured to be operate both ways to allow for a user to select either to facilitate different patient preferences. The Internet 100 can be accessed via any desired device having access to the Internet including wireless communication systems (such as cellular telephones), PDAs, desktop or portable computers including lap or handheld computers and the like.”), [0061]-[0064], [0069]-[0072] (“[A]fter a test is scheduled or shipping to a patient/patient test site, then upon receipt having the patient electronically confirm that by entering the web portal and entering the device identifier or other identifying information.”), [0075]; Figs. 1-6).
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).
The references may not specifically describe but Baker teaches 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 Baker at least at Abstract; Paras. [0006], [0013], [0015], [0024]-]0028], [0031], [0049], [0054], [0061]-[0066] [0093], [0111]; Figs. 1, 2, 8, 9]).
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, Proud, Givens and Hildner to incorporate the teachings of Baker and provide connection information and patient records and databases associated with patients. Baker is directed to medical devices with proximity detection and transmission of information. Incorporating the medical devices and transmission techniques of Baker with the monitoring devices with selectable wireless communication of Proud with the internet-based client-server architecture for sensor devices of Givens, the mobile device monitoring and communication of Hildner and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of the claimed method for providing a network connection to a wearable EEG monitoring device module.
Regarding claim 9, Rantala as modified by Proud, Givens and Hildner and Baker discloses all the limitations of claim 8 and Baker further teaches wherein said network connection handling element is contained in said wearable EEG monitoring module (See Baker at least at Paras. [0022]-[0028]; Figs. 2-5).
Regarding claim 10, Rantala as modified by Proud, Givens and Hildner and Baker discloses all the limitations of claim 8 and Baker 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 id. at least at Abstract; Paras. [0006], [0013], [0015], [0024]-]0028], [0031], [0054], [0061]-[0066] [0093], [0111]; Figs. 1, 2, 5, 8, 9]).
Regarding claim 11, Rantala as modified by Proud, Givens and Hildner and Baker discloses all the limitations of claim 10 and Baker 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 id. at least at Paras. [0024]-[0028]; Fig. 5).
Regarding claim 12, Rantala as modified by Proud, Givens and Hildner and Baker 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.”)).
Regarding claim 13, Rantala as modified by Proud, Givens and Hildner and Baker discloses all the limitations of claim 8 and Baker further teaches wherein said patient record server and said control server are two separate entities (See Baker at least at Paras. [0110]-[0120]; Figs. 2-9).
Regarding claim 14, Rantala as modified by Proud, Givens and Hildner and Baker discloses all the limitations of claim 8 and Baker 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 id. at least at Paras. [0110]-[0120]; Figs. 2-9).
Regarding claim 15, Rantala as modified by Proud, Givens and Hildner and Baker discloses all the limitations of claim 10 and Baker further teaches wherein said EEG module connection register each wearable EEG monitoring module present in the EEG module connection register (See id. at least at Paras. [0040]-[0044], [0061]-[0066], [0106]-[0120]; Figs. 2-9).
Regarding claim 16, Rantala as modified by Proud, Givens and Hildner and Baker discloses all the limitations of claim 8 and Baker 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 id. at least at Paras. [0040]-[0044], [0061]-[0066]).
Regarding claim 17, Rantala as modified by Proud, Givens and Hildner and Baker discloses all the limitations of claim 8 and Baker 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 id. at least at Paras. [0040]-[0049]; Figs. 2-9).
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 Rantala, in view of Givens, 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 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 Rantala teaches accessing a patient record server over the Internet 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 Rantala. 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);
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).
The references may not specifically describe but Givens 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 Givens at least at Abstract; Paras. [0004]-[0016], [0038], [0043], [0049]-[0055] (“The test adapter connection 20p.sub.2 to the Internet 100 can also be wired or wireless and may be configured to be operate both ways to allow for a user to select either to facilitate different patient preferences. The Internet 100 can be accessed via any desired device having access to the Internet including wireless communication systems (such as cellular telephones), PDAs, desktop or portable computers including lap or handheld computers and the like.”), [0060]-[0064] (“The system 10 can identify a queue of available physicians and update that queue so that physicians can connect into the system in a timely manner. The physician session can be remotely carried out in substantially real time after the audiologist or nurse requests a medical evaluation if a nurse or audiologist user determines that such is a desired action based on information obtained during a hearing test.”), [0069]-[0072] (“[A]fter a test is scheduled or shipping to a patient/patient test site, then upon receipt having the patient electronically confirm that by entering the web portal and entering the device identifier or other identifying information.”), [0075]; Figs. 1-6).
The references may not specifically describe but Proud teaches using the connection information retrieved over the internet from said control server, establishing a direct connection over the Internet between said computer device and said wearable EEG monitoring module for programming said wearable EEG monitoring module (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 continuously updated Internet connection 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).
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 to incorporate the teachings of Molettiere, Rantala, Hildner and Givens and provide accessing information from a remote server application for a wearable computing device. Molettiere relates to a system and method for wireless device pairing. Proud is directed to monitoring devices with selectable wireless communication. Givens relates to internet-based client-server architecture for sensor devices. Hildner is directed to mobile computer device monitoring and control system. Rantala is directed to managing multiple patient monitoring sensors. Incorporating the monitoring devices with selectable wireless communication of Proud with the internet-based client-server architecture for sensor devices of Givens, the mobile device monitoring and communication of Hildner the method for managing multiple patient monitoring sensors of Rantala, the wireless medical device and techniques as in Molettiere, and the body area network pairing improvements as in Baker ‘777 would thereby increase the applicability, utility, and efficacy of the claimed method for providing a network connection to a wearable EEG monitoring device module.
Regarding claim 19, Baker ‘777 as modified by Rantala, Givens, Proud, Hildner and Molettiere discloses all the limitations of claim 18 and Givens 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 Givens at least at Abstract; Paras. [0004]-[0016] (“[P]roviding a web-based service that provides a diagnostic hearing test system with at least one server that programmatically allows patient and registered audiologist users that are remote from each other to communicate.”), [0038], [0043], [0049]-[0055] (“The test adapter connection 20p.sub.2 to the Internet 100 can also be wired or wireless and may be configured to be operate both ways to allow for a user to select either to facilitate different patient preferences. The Internet 100 can be accessed via any desired device having access to the Internet including wireless communication systems (such as cellular telephones), PDAs, desktop or portable computers including lap or handheld computers and the like.”), [0061]-[0064], [0069]-[0072] (“[A]fter a test is scheduled or shipping to a patient/patient test site, then upon receipt having the patient electronically confirm that by entering the web portal and entering the device identifier or other identifying information.”), [0075]; Figs. 1-6).
Regarding claim 20, Baker ‘777 as modified by Rantala, Givens, Proud, Hildner and Molettiere discloses all the limitations of claim 18 and Givens 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 id.).
Claim 22 is rejected under 35 U.S.C. 103(a) as being unpatentable over Rantala, in view of Givens, in view of Proud, in view of Hildner and further in view of Molettiere.
Regarding claim 22, Rantala as modified by Proud, Givens 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).
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, Hildner, Proud and Givens to incorporate the teachings of Molettiere and 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 monitoring devices with selectable wireless communication of Proud with the internet-based client-server architecture for sensor devices of Givens, the mobile device monitoring and communication of Hildner and the method for managing multiple patient monitoring sensors of Rantala would thereby increase the applicability, utility, and efficacy of the claimed method for providing a network connection to a wearable EEG monitoring device module.
Response to Arguments
Applicant’s response and arguments filed December 22, 2025 have been fully considered, but they are not persuasive. The following explains why:
Applicant’s arguments pertaining to prior art rejections are not persuasive. 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 11-14 of the Applicant’s Remarks are rendered moot at least in view of new prior art references Rantala, Proud and Givens, 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 diagnostics, predicted treatments and medical support 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. 2011/0310787 A1 to Sheriff et al., U.S. 8,914,526 B1 to Lindquist et al.
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/WILLIAM T. MONTICELLO/Examiner, Art Unit 3682
/FONYA M LONG/Supervisory Patent Examiner, Art Unit 3682