DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 1-13 and 15-20, 24, and 26-28 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over U.S. Patent Application Publication 2005/0246205 to Wang et al. in view of 2007/0255126 to Moberg et al. in further view of U.S. Patent 9,820,658 to Tran in further view of US 8,057,406 to Mohiuddin.
As to claim 1, Wang discloses a system for electronic patient care, the system comprising:
a monitoring server comprising middleware configured to communicate with a plurality of databases, wherein one of the databases includes a data formatting or a communications protocol different from another database of the plurality of databases (Wang [0014]);
a monitoring client configured to communicate with the plurality of databases via the monitoring server (Wang [0014] and [0051]);
However, Wang does not explicitly teach but Moberg teaches:
Wherein said monitoring server is configured for translating communication between said monitoring client and the plurality of databases utilizing said middleware (Moberg [0133]-[0140]).
It would have been obvious to one of ordinary skill in the art at the time of the invention to retrieve data from medical pumps as in Moberg in the information management system of Wang to centralize data retrieved from various medical data sources.
However, Wang and Moberg do not explicitly teach wherein said monitoring server translates communication between said monitoring client and the plurality of databases during a patient treatment utilizing said middleware. Tran discloses wherein said monitoring server translates communication between said monitoring client and the plurality of databases during administering treatment to a patient utilizing said middleware and (Tran abstract and column 1 lines 49-67 and column 2 lines 48-67 examiner notes that the broadest reasonable interpretation of the term “administering a treatment” encompasses actively monitoring a patient to manage a health condition) and analyzing whether an order for a treatment is safe (Tran column 6 lines 29-37 see performing a drug interaction analysis on the prescription (order)).
It would have been obvious to one of ordinary skill in the art at the time of the invention to translate communications during treatment as in Tran in the system of Wang and Moberg to improve communications and improve monitoring capabilities.
However, Tran, Wang, and Moberg do not explicitly teach during administration of a treatment to a patient and generating a signal configured for halting administration. Mohiuddin discloses during administration of a treatment to a patient and generating a signal configured for halting administration (Mohiuddin abstract see “when extravasation occurs, and a Swelling or blister presses against the transducer, an alarm can be triggered to warn a clinician, or the device can cause a powered injection system to automatically shut down or halt the injection process.”
It would have been obvious to one of ordinary skill in the art at the time of invention to incorporate known safety mechanisms as in Mohiuddin into the communications platform of Tran, Wang, and Moberg to improve patient safety in a system with multiple devices.
As to claim 2, see the discussion of claim 1, additionally, Wang discloses the system wherein said monitoring server is adapted to format data from the plurality of databases to download the formatted data into the monitoring client (Wang [0014] and [0051]).
As to claim 3, see the discussion of claim 1, additionally, Wang discloses the system wherein said monitoring server is configured to interrogate an electronic health records database to receive patient information therefrom using said middleware (Wang [0014] and [0051]).
As to claim 4, see the discussion of claim 3, additionally, Wang discloses the system wherein said monitoring server is further configured to populate said monitoring client with a predefined set of information in accordance with patient information (Wang [0014] and [0051] see subscription).
As to claim 5, see the discussion of claim 1, additionally, Wang discloses the system wherein the middleware is configured to mediate communication between the monitoring client and intra-facility databases or extra-facility databases (Wang [0014] and [0051]).
As to claim 6, see the discussion of claim 1, additionally, Wang discloses the system wherein said middleware is configured to provide an application programming interface for communicating with the plurality of databases (Wang [0014]).
As to claim 7, see the discussion of claim 6, additionally, Wang discloses the system wherein at least two of the plurality of databases has disparate organization protocols, wherein the application programming interface provides a common interface to the disparate organization protocols (Wang [0014]).
As to claim 8, see the discussion of claim 6, additionally, Wang discloses the system wherein at least two of the plurality of databases has disparate formatting protocols, wherein the application programming interface provides a common interface to the disparate formatting protocols (Wang [0014]).
As to claim 9, see the discussion of claim 6, additionally, Wang discloses the system wherein at least two of the plurality of databases has disparate communication protocols, wherein the application programming interface provides a common interface to the disparate communication protocols (Wang [0014]).
As to claim 10, see the discussion of claim 1, additionally, Wang discloses the system wherein said middleware is configured to provide ephemeral storage of at least one of patient-treatment parameters received from the monitoring client for uploading into an electronic health records database of the plurality of databases (Wang [0060]).
As to claim 11, see the discussion of claim 1, additionally, Wang wherein the monitoring server is configured to update said monitoring client (Wang [0014] and [0051]).
As to claim 12, see the discussion of claim 1, additionally, Moberg wherein said monitoring server is configured to update a medical pump (Moberg [0121]).
As to claim 13, see the discussion of claim 1, additionally, Wang wherein said middleware is configured to provide an application programming interface for communicating with the plurality of databases, wherein the application programming interface includes a secure data class (Wang [0049] and [0053]).
As to claim 15, see the discussion of claim 1, additionally, Wang further comprising a bus, configured for operative communication with a medical pump (White column 4 lines 60-67 and column 5 lines 1-19).
As to claim 16, see the discussion of claim 1, additionally, Moberg further comprising a medical pump configured to communicate an alarm or an alert to the monitoring client (Moberg [0178]).
As to claim 17, see the discussion of claim 1, additionally, Moberg further comprising a medical pump is configured to determine if the treatment is safe for a patient (Moberg [0178]).
As to claim 18, see the discussion of claim 1, additionally, Moberg further comprising a medical pump configured to display data on a display of said monitoring client (Moberg [0178]).
As to claim 19, see the discussion of claim 1, additionally, Moberg further comprising a medical pump configured to communicate to the monitoring client (Moberg [0177]-[0178]).
As to claim 20, see the discussion of claim 1, additionally, Moberg wherein said monitoring client is configured to analyze data from a medical pump for a predefined condition to issue an alarm or an alert (Moberg [0178]).
As to claim 23, see the discussion of claim 1, additionally, Moberg discloses wherein said monitoring client is configured for initiating a remedial action respecting a malfunctioning pump (Moberg see initating an alarm or alert when a telemetered device within the local infusion system is out of range of the monitor [0094]).
As to claim 24, see the discussion of claim 1, additionally, Moberg discloses evaluating a compatibility patient-specific information (Moberg [0094]).
As to claim 26, see the discussion of claim 1, additionally, Wang discloses wherein the communicating comprises receiving patient- specific data from databases having different data formats or communications protocols in real time (Wang [0031] and [0061]).
As to claim 27, see the discussion of claim 1, additionally, Mohiuddin discloses wherein the analyzing is continuous during the administering (Mohiuddin abstract).
As to claim 28, see the discussion of claim 1, additionally, Mohiuddin discloses wherein the generating is without human intervention (Mohiuddin abstract).
Claims 14 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over U.S. Patent Application Publication 2005/0246205 to Wang et al. in view of 2007/0255126 to Moberg et al. in further view of U.S. Patent 9,820,658 to Tran. in view of US 8,057,406 to Mohiuddin in view of OFFICIAL NOTICE.
As to claim 14, see the discussion of claim 1, however, Wang and White do not explicitly teach said monitoring client includes a sandbox component configured to control access to the at least one of a hardware resource and a software resource. Examiner takes OFFICIAL NOTICE that sandbox components configured to control access to the at least one of a hardware resource and a software resource are exceedingly well known in the art. One of ordinary skill in the art at the time of the invention would have incorporated a sandbox component into the system of White and Wang for the well-known benefit of testing and isolating software revisions.
Claims 21-22 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over U.S. Patent Application Publication 2005/0246205 to Wang et al. in view of 2007/0255126 to Moberg et al. in further view of U.S. Patent 9,820,658 to Tran in view of US 8,057,406 to Mohiuddin in view of U.S. Patent 8,486,019 to White et al.
As to claim 21, see the discussion of claim 1, however, Wang and Moberg do not explicitly teach but White discloses the system wherein said bus is configured for operative communication with a second medical pump (White column 12 lines 1-19),
wherein said medical pump and said second medical pump are configured to wirelessly communicate with each other when communication via said bus is inoperative (White column 12 lines 1-19).
It would have been obvious to one of ordinary skill in the art at the time of the invention to retrieve data from medical pumps as in White in the information management system of Wang and Moberg to centralize data retrieved from various medical data sources.
As to claim 22, see the discussion of claim 1, however, Wang and Moberg do not explicitly teach but White discloses further comprising a medical pump configured for retransmitting data to a respective adjacent device of said monitoring client and said second medical pump (White column 12 lines 1-19).
It would have been obvious to one of ordinary skill in the art at the time of the invention to retrieve data from medical pumps as in White in the information management system of Wang and Moberg to centralize data retrieved from various medical data sources.
Response to Arguments
Applicants arguments regarding the newly added features are moot in view of new grounds of rejection. With respect to the use of official notice with respect to claim 14 applicant argues that the sandbox component provides real time safety analysis and other functions or features not claimed. The sandbox component is merely “included” in the monitoring client and the claim introduces two new components the hardware resource and the software resource. This Examiner therefore maintains that the use of official notice is appropriate.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eliza Lam whose telephone number is (571)270-7052. The examiner can normally be reached Monday-Friday 8-4:30PST.
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/ELIZA A LAM/Primary Examiner, Art Unit 3686
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