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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/27/2025 has been entered.
Response to Arguments
Applicant’s arguments filed 05/27/2025 have been fully considered but are not persuasive or are moot in view of a new grounds of rejection.
Applicant argues, “the amended claims do not recite an abstract idea for at least the following reasons: First, the amended claims require "a first sensor worn on a patient and configured to acquire a plurality of physiological parameter values from the patient, ... including an electrocardiogram (ECG) parameter value and at least one of a respiratory parameter value, a blood oxygen parameter value, a blood pressure parameter value, and a body temperature parameter value." The human mind cannot acquire an ECG parameter value from a patient.”
Examiner respectfully states that the above recited limitations are directed to additional elements. Specifically, the limitations are directed to pre-solution activity since they use sensors to acquire a plurality of physiological parameter values and a non-physiological parameter value. In other words, these limitations are directed to collecting information that will later be used to obtain patient status recovery parameter values (i.e. mere data gathering).
Applicant argues, “the amended claims require a "processor configured to process at least the ECG parameter value acquired by the first sensor in combination with the motion parameter value acquired by the second sensor to obtain a processed ECG parameter value that eliminates interference with the ECG parameter value due to movement of the patient." This is something that cannot be performed by the human mind.”
Examiner disagrees and asserts that the limitation, “process at least the ECG parameter acquired by the first sensor in combination with the motion parameter value acquired by the second sensor” is interpreted as a mental process, because a doctor can consider both the heart rate and the patient’s motion to make a conclusion or observation.
Applicant argues, “the amended claims require "process[ing] at least the ECG parameter acquired by the first sensor in combination with the motion parameter value acquired by the second sensor to obtain a processed ECG parameter value that eliminates interference with the ECG parameter value due to movement of the patient." Because the processing transforms the ECG parameter value into a processed ECG parameter value, which is a transformed value, the amended claims integrate the exception into a practical application under MPEP 2106.04(d).”
Examiner respectfully disagrees and states that processing at least the ECG parameter acquired by the first sensor in combination with the motion parameter value acquired by the second sensor is considered a mental process (see above). Additionally, obtaining a processed ECG parameter value that eliminates interference with the ECG parameter value due to movement of the patient is considered insignificant extra solution activity that merely process information and then output the results of the above identified abstract ideas. Therefore, although the processed ECG parameter value is a transformed value, the recited limitation directed to eliminating interference with the ECG parameter value is insignificant extra-solution activity that does not integrate the judicial exception into a practical application. Further, there is no evidence of record that would support the assertion that this step is an improvement to a computer or a technological solution to a technological problem.
Applicant argues, “the amended claims apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception as stated under MPEP 2106.05(e). For example, the amended claims require acquiring the plurality of physiological parameter values and the non-physiological parameter value using wearable sensors that are worn on a patient. The amended claims also recite determining a "processed ECG parameter value that eliminates interference with the ECG parameter value due to movement of the patient", thereby providing more accurate analysis results. The additional limitations further integrate the judicial exception into a practical application.”
Examiner respectfully disagrees and states that the limitations directed to acquiring the plurality of physiological parameter values and the non-physiological parameter value using wearable sensors that are worn on a patient are interpreted as additional elements.
Specifically, the recited limitations are insignificant extra solution activities, such as pre-solution activity, since they collect information that will later be used to obtain patient status recovery parameter values (i.e. mere data gathering).
Regarding the limitation directed to “processed ECG parameter value that eliminates interference with the ECG parameter value due to movement of the patient", see above.
Regarding Applicant’s argument that the additional limitations further integrate the judicial exception into a practical application, Examiner respectfully disagrees and states that although the claimed invention provides more accurate analysis results, there is still nothing in the claims which integrate the abstract idea into a practical application.
Further, the claim recites “output the
processed ECG parameter value,
at least one of
the respiratory parameter value,
the blood oxygen parameter value,
the blood pressure parameter value, and
the body temperature parameter value, and
the acquired non-physiological parameter value
as one or more patient status recovery parameter values to a target monitoring device wirelessly connected to the portable monitoring apparatus”, which are directed to additional elements, specifically insignificant post solution activity (see MPEP 2106.05(g)).
The above recited limitations merely process information and then output the results of the above identified abstract ideas. Additionally, the recited “output” is neither particular enough to meaningfully limit the recited exception nor does it have more than a nominal relationship to the exception. In other words, the breadth of the recited “output” is such that it substantially encompasses all applications of the recited exception (such as moving information around to display patient status recovery parameter values). There is nothing in the claims which show how outputting the above recited limitations integrates the judicial exception into a practical application.
Further, there is no evidence of record that would support the assertion that this step is an improvement to a computer or a technological solution to a technological problem.
Thus, even in combination, these additional elements do not integrate the abstract idea into a practical application.
Applicant argues “the cited portions of the references do not teach or suggest a portable monitoring apparatus having two separate and distinct wearable pieces, where "the first wearable piece is used as a main communication device for data transmission with the target monitoring device" and "the second wearable piece is configured to communicate with and transmit data to the first wearable piece.” Thus, for this additional reason, claim 7 is further patentable over the cited combination of Gao, Ebler, and Barash.”
Examiner respectfully disagrees. Gao teaches further including:
a first wearable piece ([0073]: wearable patient monitors; [0025-0027]); and
a second wearable piece ([0073]: client may be a PDA) distinct [0073] and separate [0073] from the first wearable piece ([0073]: a client such as a PDA is separate and distinct from the wearable patient monitors),
wherein:
the first wearable piece is used as a main communication device for data transmission with the target monitoring device [0073, 0101]; and
the second wearable piece is configured to communicate with [0073, 0101] and transmit data to the first wearable piece [0073].
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-8 and 10-17 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception, specifically an abstract idea without significantly more.
Step 1:
Independent claim 1 is directed to a portable monitoring apparatus. Thus, it is directed to statutory categories of invention.
Step 2A, Prong 1:
Claim 1 recites the following claim limitation:
process at least the ECG parameter acquired by the first sensor in combination with the motion parameter value acquired by the second sensor… (mental process – doctor can consider both the heart rate and the patient’s motion to come to a conclusion or analysis).
The above recited limitation, under broadest reasonable interpretation, covers concepts that can be practically performed in the human mind or with pen and paper (i.e. mental processes).
Step 2A, Prong 2:
Claim 1 recites the following additional elements:
a first sensor worn on a patient and configured to acquire a plurality of physiological parameter values from the patient the plurality of physiological parameter values including
an electrocardiogram (ECG) parameter value and
at least one of a
respiratory parameter value,
a blood oxygen parameter value,
a blood pressure parameter value, and
a body temperature parameter value;
a second type of sensor
worn on a patient and configured to acquire a non- physiological parameter value from the patient,
which comprises a motion parameter value; and
a processor electrically connected to
the first sensor and
the second sensor,
the processor configured to: process at least the ECG parameter acquired by the first sensor in combination with the motion parameter value acquired by the second sensor to obtain a processed ECG parameter value that eliminates interference with the ECG parameter value due to movement of the patient; and
output the
processed ECG parameter value,
at least one of
the respiratory parameter value,
the blood oxygen parameter value,
the blood pressure parameter value, and
the body temperature parameter value, and
the acquired non-physiological parameter value
as one or more patient status recovery parameter values to a target monitoring device wirelessly connected to the portable monitoring apparatus.
Regarding the limitations,
“a first sensor worn on a patient and configured to acquire a plurality of physiological parameter values from the patient the plurality of physiological parameter values including
an electrocardiogram (ECG) parameter value and
at least one of a
respiratory parameter value,
a blood oxygen parameter value,
a blood pressure parameter value, and
a body temperature parameter value;
a second type of sensor
worn on a patient and configured to acquire a non- physiological parameter value from the patient,
which comprises a motion parameter value; and
a processor electrically connected to
the first sensor and
the second sensor”,
the recited limitations are insignificant extra solution activities. Specifically, the limitations directed to acquiring the physiological parameter value using the first sensor and acquiring the non-physiological parameter value using the second sensor are directed towards pre-solution activity since they collect information that will later be used to obtain patient status recovery parameter values (i.e. mere data gathering).
Additionally, regarding the limitations
“the processor configured to: process at least the ECG parameter acquired by the first sensor in combination with the motion parameter value acquired by the second sensor to obtain a processed ECG parameter value that eliminates interference with the ECG parameter value due to movement of the patient; and
output the
processed ECG parameter value,
at least one of
the respiratory parameter value,
the blood oxygen parameter value,
the blood pressure parameter value, and
the body temperature parameter value, and
the acquired non-physiological parameter value
as one or more patient status recovery parameter values to a target monitoring device wirelessly connected to the portable monitoring apparatus”, Examiner asserts that these limitations are directed to additional elements, specifically insignificant post solution activity (see MPEP 2106.05(g)).
The above recited limitations merely process information and then output the results of the above identified abstract ideas. Additionally, the recited “output” is neither particular enough to meaningfully limit the recited exception nor does it have more than a nominal relationship to the exception. In other words, the breadth of the recited “output” is such that it substantially encompasses all applications of the recited exception (such as moving information around to display patient status recovery parameter values).
There is nothing in the claims which show how outputting the above recited limitations integrates the judicial exception into a practical application.
Further, there is no evidence of record that would support the assertion that this step is an improvement to a computer or a technological solution to a technological problem.
Claim 1's recitation of a processor is merely reciting the one or more processors at a high-level of generality. In other words, the computer components are being used as a tool to carry out the system’s functions (See MPEP 2106.05(f)).
Thus, the abstract idea is not integrated into a practical application. The combination of these additional elements is no more than pre-solution activity, insignificant extra solution activity, and mere instructions to apply the abstract idea on a generic computer component. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application.
Step 2B:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
As discussed with respect to Step 2A, Prong 2 above, the additional elements in the claim amount to no more than insignificant extra solution activity and applying the exception in a general way, as well as establishing an environment for which data is gathered.
Regarding the limitation directed toward acquiring a plurality of physiological parameter values from the patient using “a first type of sensor”, the specifications disclose “the first type of sensor 21 includes at least one of an ECG sensor, a respiration sensor, a blood oxygen sensor, a blood pressure sensor, and a temperature sensor” [0046].
Regarding the limitation directed toward acquiring a non-physiological parameter value from the patient using a “a second type of sensor”, the specifications disclose “…the second type of sensor 22 includes at least one of a motion sensor and a pain sensor” [0055].
As best understood, both the limitations, “a first type of sensor” and “a second type of sensor”, are well-understood, routine, and conventional.
Furthermore, Applicant’s specifications do not provide structure or detailed drawings of “a processor” ([0038, 0163]; fig. 2: 23) . The same analysis applies here in 2B and does not provide an inventive concept.
Moreover, implementing an abstract idea on a generic computer, does not add significantly more, similar to how the recitation of the computer in the claim in Alice amounted to mere instructions to apply the abstract idea of intermediated settlement on a generic computer.
Thus, none of the claims 1-8 and 10-17 amount to significantly more than the abstract idea itself. Accordingly, claims 1-8 and 10-17 are not patent eligible and rejected under 35 U.S.C. 101 as being directed to abstract ideas in view of the Supreme Court Decision in Alice Corporation Pty. Ltd. v. CLS Bank International, et al., MPEP §2106.04(a)(2), MPEP §2106.04(d)(2),and MPEP §2106.05(g).
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 7-8, 10, 12, 14, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al (US 2009/0069642) in view of Sullivan et al. (US 2016/0135706).
In re claim 1, Gao discloses a portable monitoring apparatus ([0025]; fig. 1A: 100), comprising:
a first sensor (sensor 150 which collects data inputs 101; [0030, 0035]) worn on a patient ([0043-0044]: patient monitor 100 is wearable and includes a first sensor; [0046-0047]) and configured to acquire a plurality of physiological parameter values from the patient ([0030]: ECG, blood pressure, temperature, etc.),
the plurality of physiological parameter values including
an electrocardiogram (ECG) parameter value [0030] and
at least one of
a respiratory parameter value [0030],
a blood oxygen parameter value,
a blood pressure parameter value [0030], and
a body temperature parameter value [0030];
a second type of sensor [0078] worn on a patient ([0078]: wearable patient monitor may include a motion sensor such as a 3D accelerometer) and configured to acquire a non-physiological parameter value from the patient [0078], which comprises a motion parameter value ([0078]: “3D accelerometer monitoring the motion activities”); and
a processor (103; [0011]) electrically connected to the first sensor and the second sensor (fig. 1A: processor 103 is electrically connected to sensor 150; [0078]: monitoring a patient may include the second sensor; [0109]: any of the monitoring devices may be reconfigured based on patient data such as from the second sensor and is controlled by the processor; [0010, 0030]),
the processor configured to: output
the ECG parameter ([0040]),
at least one of
the respiratory parameter value,
the blood oxygen parameter value,
the blood pressure parameter value, and
the body temperature parameter value [0040] and
the acquired non- physiological parameter value ([0078]: data inputs includes 3D accelerometer; [0040]: data collected used to determine patient status indicators)
as one or more patient status recovery parameter values ([0040]: combination of data collected which provide patient status indicators are considered patient status recovery parameters since they provide information regarding a patient’s recovery status; [0055]) to a target monitoring device ([0073]: combination of “client” and a physiologic sensor that’s not a part of the patient monitor [0090] is considered a target monitoring device) wirelessly connected to the portable monitoring apparatus ([0040]: processor of wearable patient monitor wirelessly transmits data to external client).
Gao fails to disclose the processor configured to:
process at least the ECG parameter acquired by the first sensor in combination with the motion parameter value acquired by the second sensor to obtain a processed ECG parameter value that eliminates interference with the ECG parameter value due to movement of the patient; and
output the processed ECG parameter value….as one or more patient status recovery parameter values to a target monitoring device wirelessly connected to the portable monitoring apparatus.
Sullivan teaches a portable [0257] monitoring apparatus (fig. 2: 100), and teaches
a processor [0260] configured to:
process at least an ECG parameter [0282] acquired by a first sensor (any one of ECG sensing electrodes 112) in combination with a motion parameter value [0259] acquired by a second sensor (130; [0259]: 130 may include other circuitry such as a motion sensor) to obtain a processed ECG parameter value [0282] that eliminates interference with the ECG parameter value due to movement of a patient ([0282]: motion sensor may be used to remove ECG signal artifacts due to movement of a subject); and
output
the processed ECG parameter value [0282],
at least one of
a respiratory parameter value ([0388]: may also monitor other activity alongside with monitoring the movement of the subject; [0262]: other sensors include respiration rate),
a blood oxygen parameter value [0262], and
a blood pressure parameter value [0262], and
an acquired non- physiological parameter value ([0282]: from the motion sensor)
as one or more patient status recovery parameter values ([0298]: feedback based on signals from sensors may be provided based on calculated event estimation of risk scores i.e. patient status recovery parameter values because a higher risk score would mean the patient isn’t recovering as well since they’re at risk of a potential adverse cardiac event [0215]; [0282]: cardiac event risk may be detected using ECG signal adjusted for noise) to a target monitoring device (fig. 5: 550; [0298]) wirelessly connected to the portable monitoring apparatus [0298].
Sullivan further teaches that an ECG signal may have artifacts due to a movement of the subject [0282], therefore, a motion sensor may be used to remove ECG signal artifacts [0282, 0388] so that intervention is not falsely provided based on changes in the subject’s movement or orientation [0282, 0388] .
It would have been obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the processor of the portable monitoring apparatus taught by Gao, to process at least the ECG parameter acquired by the first sensor in combination with the motion parameter value acquired by the second sensor to obtain a processed ECG parameter value that eliminates interference with the ECG parameter value due to movement of the patient and output the processed ECG parameter value as one or more patient status recovery parameter values to a target monitoring device wirelessly connected to the portable monitoring apparatus, as taught by Sullivan, because an ECG signal may have artifacts due to a movement of the subject, therefore, a motion sensor may be used to remove ECG signal artifacts so that intervention is not falsely provided based on changes in the subject’s movement or orientation.
In re claim 2, the proposed combination yields (all mapping directed to Gao unless otherwise stated) further comprising
a display screen (115; [0040]),
wherein the processor is further configured to control the display screen to alternately switch between displays of the plurality of physiological parameter values and the non- physiological parameter value ([0026]: patient monitor can be dynamically reconfigured to select different types of patient channels to monitor and display; [0040, 0047]).
In re claim 3, the proposed combination yields (all mapping directed to Gao unless otherwise stated) wherein the processor is further configured to control the display screen to switch between displays of the plurality of physiological parameter values and the non-physiological parameter value ([0056]: format which the subset of patient data is presented may be dynamically configurable; [0083]: instructions provided based on how patient data should be presented; [0085]: patient data be displayed based on who is using the device) in response to
an operation of a user ([0049]: user may manually select configuration instructions) or
according to a preset time interval.
In re claim 7, the proposed combination (all mapping directed to Gao unless stated otherwise) yields further including:
a first wearable piece ([0073]: wearable patient monitors; [0025-0027]); and
a second wearable piece ([0073]: client may be a PDA) distinct [0073] and separate [0073] from the first wearable piece ([0073]: a client such as a PDA is separate and distinct from the wearable patient monitors),
wherein:
the first wearable piece is used as a main communication device for data transmission with the target monitoring device [0073, 0101]; and
the second wearable piece is configured to communicate with [0073, 0101] and transmit data to the first wearable piece [0073].
In re claim 8, the proposed combination yields (all mapping directed to Gao unless otherwise stated) further comprising
wherein the processor is further configured
to establish a communication connection [0027, 0040] between the portable monitoring apparatus and the target monitoring device [0027, 0040, 0136] and
send the one or more patient status recovery parameter values to the target monitoring device ([0040]: data which would include the patient status recovery parameter values can be transmitted to the client; [0056]), and
the one or more patient status recovery parameter values are outputted through the target monitoring device ([0056]: patient status indicator can be presented in various ways, such as to the client) and
wherein the target monitoring device comprises at least one of
a bedside monitoring device ([0090]: physiologic sensor such as a thermometer is a bedside monitoring device),
a department-level workstation device and
a hospital-level data center/hospital-level emergency center management device ([0073]: the “client” is considered a hospital-level data center management device since it can interact with the wearable patient monitors and transmits instructions throughout the hospital [0091]).
In re claim 10, the proposed combination yields (all mapping directed to Gao unless otherwise stated)
wherein
the plurality of physiological parameter values is displayed in a first area of the parameter interface ([0095]: vital signs which include the physiological parameter value are displayed and would be in a first area of the parameter interface) and
the non-physiological parameter value is displayed in a second area of the parameter interface ([0056]: patient data which includes the non-physiological parameter value is displayed and would be in a second area of the parameter interface), and
wherein
the plurality of physiological parameter values comprises at least real-time data of the physiological parameter value ([0088]: client automatically monitors real-time vital signs; [0030]: sensor such as a blood pressure sensor measures vital signs), and/or
the non- physiological parameter value comprises at least real-time data of the non-physiological parameter value ([0072: patient data transmitted to care providers in real time; [0078-0079]: sensor such as position sensors obtain patient data).
In re claim 12, the proposed combination yields (all mapping directed to Gao unless otherwise stated)
wherein the processor is further configured to: perform a pairing operation between the portable monitoring apparatus and the target monitoring device ([0042]: pairing operation i.e. the patient monitor being in contact with the network of connected to the external client must occur to transmit patient data; [0090]: pairing required between the physiologic sensor and the patient monitor) during a first communication connection between the portable monitoring apparatus and the target monitoring device ([0042]: wearable patient monitor must be in contact with the external client or server to share information, therefore, a pairing must happen during a first communication connection; [0039-0040, 0090]) and
the communication connection between the portable monitoring apparatus and the target monitoring device is established after the portable monitoring apparatus is successfully paired with the target monitoring device ([0042]: patient data is transmitted from the patient monitor to the client once they are successfully paired; [0082, 0090, 0132]).
In re claim 14, the proposed combination yields (all mapping directed to Gao unless otherwise stated) wherein after the portable monitoring apparatus is successfully paired with the target monitoring device [0093], the processor is further configured to synchronize real-time data [0088] and historical data of the patient status recovery parameter values ([0042]: historical data is patient data that is stored on the patient monitor until a connection is made to synchronize the historical data) detected by the portable monitoring apparatus to the target monitoring device [0042, 0088].
In re claim 17, the proposed combination yields (all mapping directed to Gao unless otherwise stated) wherein the processor is further configured to set a current pain level for the portable monitoring apparatus in response to a pain level setting operation inputted by a user ([0058]: pain level can be inputted by the patient manually, through free text, or using voice entries), so as to obtain a pain parameter value ([0058]: input is used to obtain pain level i.e. pain parameter value) that indicates a level of pain experienced by the patient ([0061]: pain level is based on the patient’s level of pain).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Gao et al (US 2009/0069642) in view of Sullivan et al. (US 2016/0135706) in view of Pina et al. (US 2018/0014794).
In re claim 4, the proposed combination yields (all mapping directed to Gao unless otherwise stated)
wherein: when the one or more patient status recovery parameter values displayed on the display screen is the motion parameter value [0078], the processor is further configured to control the display screen to display a sub- motion parameter value included in the motion parameter value ([0078]: sub-motion parameter can include GPS monitoring of patient location; [0040]: data collected such as from the sensors are displayed; [0056-0057]), and
wherein the sub-motion parameter value comprises at least one of
a number of steps,
a step frequency,
a distance of motion,
calories,
a time of motion and
a path of motion ([0078]: “GPS monitoring of patient's altitude and location” would measure a patient’s path of motion).
The proposed combination fails to yield
wherein, when the patient status recovery parameter value displayed on the display screen is the motion parameter value, the processor is further configured to control the display screen to display a plurality of sub- motion parameter values included in the motion parameter value in a ring-shaped form, and
wherein the plurality of sub-motion parameter values comprises at least one of…..
Pina teaches a wearable monitoring health device [0007] wherein
wherein, when patient status parameter value displayed on a display screen (fig. 5B: 500) is motion parameter value (fig. 5B), a processor (fig. 4: 402; [0075]) is configured to control a display screen to display a plurality of sub- motion parameter values (fig. 5B: combination of panels 502; [0088]: each one of panels 502 indicates a sensed health parameter;) included in the motion parameter value in a ring-shaped form (fig. 5B), and
wherein the plurality of sub-motion parameter values comprises at least one of
a number of steps (fig. 5B: top left quadrant displays number of steps),
a step frequency,
a distance of motion,
calories [0048],
a time of motion and
a path of motion.
Pina further teaches a unified display for each of the plurality of measured parameters [0040], and that the display dynamically updates according to the sensed data [0040], and that the display can be displayed using various shapes [0040], which can be adjusted as the user moves toward accomplishes a goal [0041].
It would have been obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the processor of the portable monitoring apparatus yielded by the proposed combination, to display a plurality of sub- motion parameter values included in the motion parameter value in a ring-shaped form, and wherein the plurality of sub-motion parameter values comprises at least one of a number of steps and calories, as taught by Pina, because doing so provides a unified display for the plurality of measured parameters which dynamically updates according to the sensed data, and allows the display to be displayed using various shapes, which can be adjusted as the user moves toward accomplishing their goal.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Gao et al (US 2009/0069642) in view of Sullivan et al. (US 2016/0135706) in view of Ebler et al. (US 2017/0102846).
In re claim 5, the proposed combination fails to yield wherein the processor is further configured
to control the display screen to display a lock screen interface when the portable monitoring apparatus receives no user operation for a time longer than a preset time duration, and
to resume the display screen to display the parameter interface in response to any sliding operation or tap operation by the user on the display screen for unlocking the display screen.
Ebler teaches
a user interface (fig. 3a: 100) that is analogous in monitoring physiological parameters of a patient [0002] and displays types of patient recovery parameter values (combination of tabs 110a, 111a, 112a, 114a; 116a, 118a, and 121a; [0104-0109]),
wherein a processor ([0081]; fig. 2A: 30) is further configured
to control a display screen (fig. 1: 17; [0089]) to display a lock screen interface ([0089]: when touch screen 17 is in a locked state and when “keypad mechanisms are displayed in a ‘greyed out’ mode) when a portable monitoring apparatus (fig. 1: 1: cardio-pulmonary bypass machine has wheels and therefore is portable; [0127, 0179]) receives no user operation for a time longer than a preset time duration [0089], and
to resume the display screen to display a parameter interface in response to any sliding operation or tap operation by the user on the display screen for unlocking the display screen ([0089]: touching unlock screen key 209 unlocks the touch screen and removes the greyed out mode so that a parameter interface can be accessed where a patient’s height and weight can be inputted [0208]).
Ebler further teaches that a user can switch between an unlocked touch screen and a locked touch screen so that a keypad on the touch screen will be unaffected by touching the screen [0089].
It would have been obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the portable monitoring apparatus yielded by the proposed combination, to provide wherein the processor is further configured to control the display screen to display a lock screen interface when the portable monitoring apparatus receives no user operation for a time longer than a preset time duration, and to resume the display screen to display the parameter interface in response to any sliding operation or tap operation by the user on the display screen for unlocking the display screen, as taught by Ebler, because doing so allows for a user to switch between an unlocked screen to a locked screen depending on whether or not they want to input information into the user interface, which could otherwise lead to unwanted inputs.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Gao et al (US 2009/0069642) in view of Sullivan et al. (US 2016/0135706) in view of Ebler et al. (US 2017/0102846) in view of Barash et al. (US 2011/0117878).
In re claim 6, the proposed combination yields wherein a number of types of patient recovery parameter values included in the lock screen interface displayed by the portable monitoring apparatus is equal to a number of types of patient recovery parameter values (see above in re claim 6) included in the parameter interface displayed after the user unlocks the display screen (Ebler: [0089]: only keypad mechanisms are closed or unaffected on the lock screen interface and the types of patient recovery parameter values are still displayed on the lock screen interface; fig. 3a: 100).
The proposed combination fails to yield wherein a number of types of patient recovery parameter values included in the lock screen interface displayed by the portable monitoring apparatus is less than a number of types of patient recovery parameter values included in the parameter interface displayed after the user unlocks the display screen.
Barash teaches an analogous portable monitoring apparatus ([0006]: mobile computing device such as a smart phone; [0041-0042]: monitors a victim’s location and used to provide indications related to a condition) wherein a number of types of patient parameter values ([0062]: patient recovery parameter values are the limited information displayed on the lock smartphone such as blood type and emergency contact since they’ll be used during the patient’s recovery) included in a lock screen interface displayed by the portable monitoring [0062] is less than a number of types of patient parameter values included in a parameter interface displayed after a user unlocks a display screen ([0062]: once the smartphone is unlocked, all information is shown, such as allergies, medications, and current conditions).
Barash further teaches that only certain information about the victim may be provided to responders due to privacy regulations [0061], and that the victim should unlock their phone (i.e. grant authorization) before responders can access the rest of the information [0062].
It would have been obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the number of types of patient recovery parameter values displayed by the portable monitoring apparatus yielded by the proposed combination, to provide a number of types of patient recovery parameter values included in the lock screen interface displayed by the portable monitoring apparatus is less than a number of types of patient recovery parameter values included in the parameter interface displayed after the user unlocks the display screen, as taught by Barash displaying less patient parameter values in the locked screen interface, because doing so will ensure that users are complying with privacy regulations that require authorization before all patient data can be accessed.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Gao et al (US 2009/0069642) in view of Sullivan et al. (US 2016/0135706) in view of Koike et al. (US 2018/0263571).
In re claim 11, the proposed combination yields (all mapping directed to Gao unless otherwise stated) wherein the non-physiological parameter value further comprises trend data of the non-physiological parameter value over time ([0010]: change measured by the medical sensors is used to adjust configuration instructions; [0104]: continuous inputs are processed for continuous feedback).
The proposed combination fails to yield wherein the non-physiological parameter value further comprises trend data showing changes of the non-physiological parameter value over time.
Koike teaches an analogous data collector [0027] collecting vital sign information [0027] wherein a non-physiological parameter value ([0049]: body motion) comprises trend data (fig. 10: 320; [0076]) showing changes (320) of the non-physiological parameter value over time ([0076]: each black segment of the body motion from left to right shows a period of time where a subject had body motion as well as the intensity of the body motion based on a height of the black segment).
Koike further teaches that a heart rate (310), the body motion (320), as well as ECG (340) can be displayed (fig. 10), so that a medical personnel can view the information together in a mutually associated manner [0079] and make a judgement [0079].
It would have been obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the portable monitoring apparatus yielded by the proposed combination, to provide wherein the non-physiological parameter value further comprises trend data showing changes of the non-physiological parameter value over time, as taught by Koike, because a medical personnel can view the non-physiological parameter value alongside other vital signs in a mutually associated manner to make a judgement.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Gao et al (US 2009/0069642) in view of Sullivan et al. (US 2016/0135706) in view of Rajasekar et al. (US 2017/0011191).
In re claim 13, the proposed combination yields (all mapping directed to Gao unless otherwise stated) wherein before performing the pairing operation, the processor is further configured to
generate a pairing prompt message to remind a user to choose whether to pair the portable monitoring apparatus with the target monitoring device or not [0090]; and
perform the pairing operation between the portable monitoring apparatus and the target monitoring device ([0093]: nurse can address the prompt to connect the measurement device to the patient monitor) in response to a user addressing a prompt to pair [0093].
The proposed combination fails to yield wherein the processor is further configured to…perform the pairing operation between the portable monitoring apparatus and the target monitoring device in response to a user instruction to pair.
Rajasekar teaches an analogous patient monitoring system [0001] wherein a processor (fig. 1: 114) is further configured to perform a pairing operation [0029] between a portable monitoring apparatus (100) and a target monitoring device (102) in response to a user instruction to pair (fig. 5: user using portable device may send a user request to connect to the patient monitoring device at 502; [0040]).
Rajasekar further teaches that a user can request pairing operation from the portable device [0040] and that communication between the portable device and the patient monitoring device is authenticated before a connection is established [0040]. Furthermore, Rajasekar teaches that if a connection is not established, then the user may make another request to establish a connection [0040].
It would have been obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the processor yielded by the proposed combination, to provide wherein the processor is further configured to perform the pairing operation between the portable monitoring apparatus and the target monitoring device in response to a user instruction to pair, as taught by Rajasekar, because a user can request a pairing operation that is authenticated before communication is established, and if a connection is not established, then the user may make another request to establish a connection.
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al (US 2009/0069642) in view of Sullivan et al. (US 2016/0135706) in view of Pekander (US 2017/0231494).
In re claim 15, the proposed combination yields (all mapping directed to Gao unless otherwise stated) wherein:
when the target monitoring device is a bedside monitoring device [0027, 0136], and the communication connection between the portable monitoring apparatus and the target monitoring device comprises a WIFI communication connection [0027, 0090, 0136] and
when the portable monitoring apparatus is located in a ward ([0049]: portable monitoring located in a room in a ward such as an emergency room), the portable monitoring apparatus is configured to: synchronize the real-time data and the historical data of the patient status recovery parameter values detected by the portable monitoring apparatus to the bedside monitoring device
([0090]: patient monitor requests connection with the physiologic sensors; [0110]: portable monitoring apparatus can communicate with the physiologic sensors to synchronize real-time data such as the need for the bedside monitoring device to monitor blood pressure; [0042]: historical data of the patient status recovery parameter values are stored in the patient monitor until a connection is made with a network); and
when the portable monitoring apparatus is located outside a ward ([0096]: portable patient is moved to a trauma operating room), the portable monitoring apparatus is configured to:
synchronize the real-time data and the historical data of the patient status recovery parameter values detected by the portable monitoring apparatus to the department-level workstation device and/or the hospital- level data center/hospital-level emergency center management device ([0073]: client has wireless capabilities to allow it to communicate with patient monitoring devices in a vicinity; [0042, 0088, 0096-0098]), and
then the real-time data and the historical data of the patient status recovery parameter values are further synchronized to the bedside monitoring device through the department-level workstation device and/or the hospital-level data center/hospital-level emergency center management device ([0090]: client can approve requests for the bedside monitoring device to be connected which will synchronize the real-time data and the historical data).
The proposed combination fails to yield
wherein, when the target monitoring device is a bedside monitoring device, the communication connection between the portable monitoring apparatus and the target monitoring device comprises… and at least one of a
a short-range wireless communication connection,
a WMTS communication connection and
an NFC communication connection;
when the portable monitoring apparatus is located in a ward, the portable monitoring apparatus is configured to… establish the at least one of
the short-range wireless connection,
the WMTS communication connection or
the NFC communication connection
with the bedside monitoring device; and
when the portable monitoring apparatus is located outside a ward, the portable monitoring apparatus is configured to: establish the WIFI communication with the department-level workstation device and/or the hospital-level data center/hospital-level emergency center management device.
Pekander teaches a portable monitoring apparatus (fig. 1: any one of wireless sensing devices 3a-3e; [0018]) that is analogous in monitoring a patient’s physiology and health status [0001, 0018-0019], wherein:
when a target monitoring device (fig. 1: combination of 15 and 30; [0018, 0028]) is a bedside monitoring device [0018], and a communication connection between the portable monitoring apparatus and the target monitoring device [0024, 0028] comprises at least one of
a short-range wireless communication connection [0024], and
a WMTS communication [0028];
when the portable monitoring apparatus is located in a ward ([0024]: the portable monitoring apparatus is in a ward when any of the wireless sensing devices 3a-3e are in close proximity with the hub device 15; [0018]), the portable monitoring apparatus is configured to: establish the at least one of the short-range wireless connection with the bedside monitoring device [0024]; and
when the portable monitoring apparatus is located outside a ward ([0028]: receiver/transmitter 25 communicates with a receiver/transmitter 31 to enable longer-range wireless transmissions within a medical facility which includes a location outside a ward), the portable monitoring apparatus is configured to establish the WIFI communication [0028] with a hospital-level data center/hospital-level emergency center management device
([0030]: host network 30 is a hospital-level data center management device; [0028]: longer-range wireless transmission allows the portable monitoring apparatus to communicate with the hospital-level center management device; [0030]: although a different embodiment, combination of Wi-Fi, receiver/transmitter 25, and receiver/transmitter 31, as also shown in fig. 1, enables a connection between the portable monitor apparatus and the hospital-level data center management device throughout a patient care facility).
Pekander teaches that patient monitoring devices often inhibit patient movement by requiring patient to either carry a large monitor with them, or requires them to remain in one place due to the patient being tethered to wires [0002]. Pekander further teaches that either WMTS or Wi-Fi-compliant wireless local area network (LAN) can be used for longer-range wireless transmissions [0028], and that Bluetooth i.e. a short-range wireless communication can use radio frequency