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 .
Response to Amendment
The amendment of 05/26/2026 has been entered and fully considered by the examiner. Claims 1, 3-5, 9, and 11-13 have been amended. Claims 7 and 15 have been canceled. Claims 17 and 18 have been added. claims 1-6, 8-14, and 16-18 are pending in the application with claims 1 and 9 being independent.
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.
The factual inquiries 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.
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, 4, 6-9, 11, 12, 14, and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Oura et al. (International Publication No. 2017/081962) hereinafter “Oura” in view of Gross (U.S. Publication No. 2019/0286844) hereinafter “Gross” and Sullivan et al. (U.S. Publication No 2004/0111045) hereinafter “Sullivan”.
Regarding claim 1, Oura discloses a patient monitor [monitoring system of Oura; see abstract] for displaying vital signs that are based on vital signals of a subject [see page 4, third paragraph disclosing that the patient monitor is attached to sensors 30 for acquiring vital signs such as blood pressure, body temperature, etc.], and an ultrasonic image that is based on an ultrasonic wave which is transmitted to and received from the subject [see paragraph bridging pages 4-5 and page 5, second paragraph], the patient monitor comprising:
a first display apparatus, [patient monitor apparatus 10; se FIG. 2] the first display apparatus comprising:
a first display; [display 16; see FIG. 2] and
a display controller [control unit 14] that is connected to the first display [the control unit 14 is connected to the display 16 and sends information to be displayed to the display device; see page 6, first full paragraph] and that is configured to control the first display to display information including the vital signs in at least one of the displays. [see page 6, last paragraph disclosing controlling the display in the first mode to display vital signs on the screen]
wherein according to the control rule in the display controller: the vital signs and/or the ultrasonic image are displayed on the display [see page 6, last paragraph disclosing controller causing the display 16 to show the ultrasound images or vital signs either in the first or second modes], and when an event that causes a rapid degradation in the vital signs occurs, a display content is changed so that the vital signs corresponding to the event are displayed on the display. [see page 13, last paragraph disclosing if the measured value of vital sign is abnormal, the mode of the display is changed and the vital sign is displayed on the screen]
Oura does not disclose that the controller is connectable to a second display apparatus having a second display that is external to the patient monitor, that the display comprises of a first and second display wherein the first and second displays are each located in the same room and the vital signs and/or the ultrasonic image are displayed in each of the first and second displays, and when an event that causes a rapid degradation in the vital signs occurs, a display content is changed so that the information corresponding to the event are displayed on each of the first and second displays.
Gross, directed towards monitoring multiple patients in the same area using multiple monitors [see abstract of Gross] further discloses that the controller [the computer 10 of the medical management system is the controller of Gross which is connected to display 30 and 32 both] is connectable to a second display apparatus having a second display that is external to the patient monitor [see FIG. 1; the controller 10 is operationally connected to both displays 30/32 and the second display 32 is separate and external to the patient monitor 30 (bedside)] the display comprises of a first and second display [content presentation device 30 and 32 comprising displays 40 and 42] and that the first and second displays are located in the same room [both displays 40/42 are located in the same monitored space 22; see FIG. 1] and that and the vital signs and/or the ultrasonic image are displayed in each of the first and second displays [see [0027] disclosing: “the server 10 may convey vital sign data that is transformed into trend lines or other display content by software executing on the various medical content presentation devices 30,32 ( e.g. by way of microprocessors or microcontrollers of these devices)”]
Sullivan, directed towards multiple sensor vital sign and image display [see abstract of Sullivan and [0042] disclosing use of multiple displays] further discloses a controlling is connected to and configured to control a plurality of displays such that the vital signs and/or the ultrasonic image are displayed in each of the first and second displays [see [0040]-[0042] disclosing “data may be provided at a patient’s bedside or may be provided both at the bedside and a central location], and when an event that causes a rapid degradation in the vital signs occurs, a display content is changed so that the information corresponding to the event are displayed on the all of the first and second displays [see [0040], [0069], and [0071]-[0072] disclosing when the vital signa fall above or below a threshold, an alarm will be activated and data provided at the display at bedside and the common monitor] .
it would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the apparatus of Oura further such that the display comprises of a first and second displays and that the controller is connectable to a second display apparatus having a second display that is external to the patient monitor the first and second displays are each located in the same room and the vital signs and/or the ultrasonic image are displayed in each of the first and second displays according to the teachings of Gross in order to provide “on the go” information to the medical personnel and avoid loss of time as each application loads into the given device [see [0002] of Gross]
it would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the apparatus of Oura further such that the vital signs and/or the ultrasonic image are displayed in each of the first and second displays, and when an event that causes a rapid degradation in the vital signs occurs, a display content is changed so that the information corresponding to the event are displayed on the all of the first and second displays according to the teachings of Sullivan in order to display the information related to an alarming situation to all displays and inform all the personnel of the danger and activate an alarm when a negative trend occurs [see [0009] of Sullivan]
Regarding claim 3, Oura further discloses that in a case where a predetermined event occurs, the display controller is configured to cause interest information corresponding to the predetermined event to be displayed in at least one display. [see page 13, last three paragraphs disclosing three types of predetermined event for which interest information is displayed in at least one display]
Oura does not disclose that the display is one of the first and second displays
Sullivan discloses a first and second displays. [see [0042; the display device 106 may comprise multiple displays]
it would have been obvious to a person of ordinary skill level in the art a the time of the filing of the invention to modify the apparatus of Oura further and include a first and second according to the teachings of Sullivan in order in order to display the information related to an alarming situation to all displays and inform all the personnel of the danger and activate an alarm when a negative trend occurs [see [0009] of Sullivan]
Regarding claim 4, Oura further discloses that the display controller is configured to change information displayed in the display so as to correspond to the predetermined event. [see page 13, last three paragraphs disclosing three types of predetermined event for which interest information is displayed in at least one display]
Oura does not disclose that the display is one of the first and second displays
Sullivan discloses a plurality of displays. [see [0042]; the display device 106 may comprise multiple displays]
it would have been obvious to a person of ordinary skill level in the art a the time of the filing of the invention to modify the apparatus of Oura further and include a first and second displays according to the teachings of Sullivan in order in order to display the information related to an alarming situation to all displays and inform all the personnel of the danger and activate an alarm when a negative trend occurs [see [0009] of Sullivan]
Regarding claim 6, Oura further discloses that the predetermined event includes at least one of variation of the vital signals [see page 13, last paragraph], partial variation of the ultrasonic image [see page 13, one to last paragraph (case C)), operation of an operating section, connection and disconnection of an ultrasonic measurement apparatus [see page 13, third full paragraph (case B)], connection and disconnection of the displays, elapse of a predetermined time period, and reception of data from an external apparatus.
Regarding claim 9, Oura a patient monitor [monitoring system of Oura; see abstract]for displaying vital signs that are based on vital signals of a subject [see page 4, third paragraph disclosing that the patient monitor is attached to sensors 30 for acquiring vital signs such as blood pressure, body temperature, etc.], and an ultrasonic image that is based on an ultrasonic wave which is transmitted to and received from the subject [see paragraph bridging pages 4-5 and page 5, second paragraph], the patient monitor comprising:
a first display apparatus, [patient monitor apparatus 10; se FIG. 2] the first display apparatus comprising:
a first display; [display 16; see FIG. 2] and
a display controller [control unit 14] connected to the first display [the control unit 14 is connected to the display 16 and sends information to be displayed to the display device; see page 6, first full paragraph] and that is configured to control the first display to display information including the vital signs in at least one of the displays. [see page 6, last paragraph disclosing controlling the display in the first mode to display vital signs on the screen]
and that is configured to control the plurality of displays to display information including the vital signs in at least one of the displays [see page 6, last paragraph disclosing controller causing the display 16 to show the ultrasound images or vital signs either in the first or second modes], and wherein according to a control rule in the display controller:
the vital signs and/or the ultrasonic image are displayed in the display [first mode of operation; see page 8, last three paragraphs in relation to FIG. 3A], and
if an event occurs in which the ultrasonic image partially changes [see page 10, third full paragraph disclosing if the ultrasound is not connected anymore, the system switches from the first mode of displaying vital signs and/or ultrasound to the second mode of displaying only ultrasound], the display controller switches the information sets respectively displayed so that the ultrasonic image is displayed on the screen. [see page 9, first paragraph in relation to FIG. 3C]
Oura does not expressly disclose wherein the controller is connectable to a second display apparatus having a second display that is external to the patient monitor, first and second displays includes a display having a larger screen and a display having a smaller screen that is smaller than the larger screen; the vital signs and/or the ultrasonic image are displayed in each of first and second displays, such that information sets are respectively displayed on the larger screen and smaller screen, and when a vital sign is displayed on the larger screen and the ultrasonic image is displayed on the smaller screen, if an event occurs in which the ultrasound image partially changes, the display controller switches the information set respectively displayed on the larger screen and smaller screen so that the ultrasound image is displayed on the larger screen.
Gross, directed towards monitoring multiple patients in the same area using multiple monitors [see abstract of Gross] further discloses that the controller [the computer 10 of the medical management system is the controller of Gross which is connected to display 30 and 32 both] is connectable to a second display apparatus having a second display that is external to the patient monitor [see FIG. 1; the controller 10 is operationally connected to both displays 30/32 and the second display 32 is separate and external to the patient monitor 30 (bedside)] display comprises of a first display and second display [content presentation device 30 and 32 comprising displays 40 and 42] having a larger screen and a display having a smaller screen [see [0024]; the display 42 is relatively large; and display 40 is relatively small; see FIG. 1 showing the bedside display 40 is smaller than the larger wall mounted display 42] and that the first and second displays are located in the same room [both displays 40/42 are located in the same monitored space 22; see FIG. 1] and the vital signs and/or the ultrasonic image are displayed in each of the first and second displays such that the information sets are respectively displayed on the larger screen and the smaller screen [see [0027] disclosing: “the server 10 may convey vital sign data that is transformed into trend lines or other display content by software executing on the various medical content presentation devices 30,32 ( e.g. by way of microprocessors or microcontrollers of these devices)”]
Sullivan further discloses wherein the plurality of displays includes a display having a larger screen and a display having a smaller screen that is smaller than the larger screen [see [0071] of Sullivan; the screens include both a personal computer screen (i.e. bigger) and a handheld device(i.e. smaller screen]; the vital signs and/or the ultrasonic image are displayed in each of the first and second displays, such that information sets are respectively displayed on the larger screen and smaller screen [see claim 56 and 69; each display screen provides the same information including vital sign information], and when a vital sign is displayed on the larger screen and the ultrasonic image is displayed on the smaller screen [see claim 56 and 69; each display screen provides all the information; therefore, the vital sign would be displayed on all screens including the larger screen and the ultrasound image would be displayed in all screens including the smaller screen; see [0014] and [0023] and [0074]-[0075] disclosing that the sensor data provided in all displays includes acoustic sensor data (i.e. ultrasound image)], if an event occurs in which the ultrasound image partially changes, the display controller switches the information set respectively displayed on the larger screen and smaller screen [see [0074]-[0075] and claim 56; when the heart rate or respiration rate or data from any of the sensors (such as ultrasound) do not meet the threshold, an alarm indication will be displayed in “all” of the plurality of displays including the larger screen] so that the ultrasound image is displayed on the larger screen.[see [0075]; in the case of alarm, data corresponding to the type of sensor not meeting the threshold would be presented to the user (on all displays equally including the larger screen); therefore, if the ultrasound sensor doesn’t meet the criteria, the information displayed in all screens including the larger screen would be changed into alarm mode representing data relating to the ultrasound alarm]
it would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the apparatus of Oura further such that the display comprises of a plurality of displays and that the plurality of monitors are each located in the same room and the vital signs and/or the ultrasonic image are displayed in each of the plurality of displays according to the teachings of Gross in order to provide “on the go” information to the medical personnel and avoid loss of time as each application loads into the given device [see [0002] of Gross]
it would have been obvious to a person of ordinary skill level in the art a the time of the filing of the invention to modify the apparatus of Oura further such that the plurality of displays includes a display having a larger screen and a display having a smaller screen that is smaller than the larger screen; the vital signs and/or the ultrasonic image are displayed in each of the plurality of displays, such that information sets are respectively displayed on the larger screen and smaller screen, and when a vital sign is displayed on the larger screen and the ultrasonic image is displayed on the smaller screen, if an event occurs in which the ultrasound image partially changes, the display controller switches the information set respectively displayed on the larger screen and smaller screen so that the ultrasound image is displayed on the larger screen according to the teachings of Sullivan in order to display the information related to an alarming situation to all displays and inform all the personnel of the danger and activate an alarm when a negative trend occurs [see [0009] of Sullivan]
Regarding claim 11, Oura further discloses that in a case where a predetermined event occurs, the display controller is configured to cause interest information corresponding to the predetermined event to be displayed in at least one of the first and second displays. [see page 13, last three paragraphs disclosing three types of predetermined event for which interest information is displayed in at least one display]
Oura does not disclose that the display is one of the first and second displays
Sullivan discloses a first and second displays. [see [0042; the display device 106 may comprise multiple displays]
it would have been obvious to a person of ordinary skill level in the art a the time of the filing of the invention to modify the apparatus of Oura further and include a first and second displays according to the teachings of Sullivan in order to display the information related to an alarming situation to all displays and inform all the personnel of the danger and activate an alarm when a negative trend occurs [see [0009] of Sullivan]
Regarding claim 12, Oura further discloses that the display controller is configured to change information displayed in the display so as to correspond to the predetermined event. [see page 13, last three paragraphs disclosing three types of predetermined event for which interest information is displayed in at least one display]
Oura does not disclose that the display is one of the first and second displays.
Sullivan discloses a first and second displays. [see [0042; the display device 106 may comprise multiple displays]
it would have been obvious to a person of ordinary skill level in the art a the time of the filing of the invention to modify the apparatus of Oura further and include a first and second displays according to the teachings of Sullivan in order in order to display the information related to an alarming situation to all displays and inform all the personnel of the danger and activate an alarm when a negative trend occurs [see [0009] of Sullivan]
Regarding claim 14, Oura further discloses that the predetermined event includes at least one of variation of the vital signals [see page 13, last paragraph], partial variation of the ultrasonic image [see page 13, one to last paragraph (case C)), operation of an operating section, connection and disconnection of an ultrasonic measurement apparatus [see page 13, third full paragraph (case B)], connection and disconnection of the displays, elapse of a predetermined time period, and reception of data from an external apparatus.
Regarding claim 16, Oura further discloses a physiological information measurement system [see abstract and page 2, first full paragraph of the description] including: an ultrasonic measurement apparatus configured to acquire receiving signals of an ultrasonic echo which is a base of an ultrasonic image, or an ultrasonic image [see page 4, second full paragraph disclosing that the information measuring system 1 includes both ultrasound measurement device and the monitor device]; and the patient monitor according to claim 9 [see rejection of claim 9 above].
Regarding claim 17, Oura as modified by Gross and Sullivan discloses all the limitaitons of claim 1 [see rejection of claim 1]
Oura further discloses wherein the display controller is connected directly to the first display within the first display apparatus. [see FIG. 2 of Oura; the control section is part of the patient monitor and is connected directly to the monitor (i.e. without the need for an input/output interface)]
Gross further discloses that the display controller includes an output interface connected to the display controller, wherein the display controller is connectable to the second display apparatus via the output interface and an input interface of the second display apparatus. [see FIG. 1 fand [0024]; the controller is connected to the second display via an interface]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Oura further such that the display controller is connectable to the second display apparatus via the output interface and an input interface of the second display apparatus according to the teachings of Gross in order to provide “on the go” information to the medical personnel and avoid loss of time as each application loads into the given device [see [0002] of Gross]
Regarding claim 18, Oura as modified by Gross and Sullivan discloses all the limitaitons of claim 9 [see rejection of claim 9]
Oura further discloses wherein the display controller is connected directly to the first display within the first display apparatus. [see FIG. 2 of Oura; the control section is part of the patient monitor and is connected directly to the monitor (i.e. without the need for an input/output interface)]
Gross further discloses that the display controller includes an output interface connected to the display controller, wherein the display controller is connectable to the second display apparatus via the output interface and an input interface of the second display apparatus. [see FIG. 1 fand [0024]; the controller is connected to the second display via an interface]
It would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the system of Oura further such that the display controller is connectable to the second display apparatus via the output interface and an input interface of the second display apparatus according to the teachings of Gross in order to provide “on the go” information to the medical personnel and avoid loss of time as each application loads into the given device [see [0002] of Gross]
Claims 2 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Oura et al. (International Publication No. 2017/081962) hereinafter “Oura” in view of Gross (U.S. Publication No. 2019/0286844) hereinafter “Gross” and Sullivan et al. (U.S. Publication No 2004/0111045) hereinafter “Sullivan” as applied to claims 1 and 9 above and further in view of Baumberger et al. (U.S. Publication No. 2016/0378939) hereinafter “Baumberger”.
Regarding claims 2 and 10, Oura as modified by Sullivan and Gross further discloses that the display controller is configured to cause information including the ultrasonic image to be displayed in display. [see page 6, last paragraph of Oura disclosing controller causing the display 16 to show the ultrasound images]
Oura as modified by Sullivan and Gross does not disclose that the ultrasound images are displayed on a display other than a display displaying the information including the vital signs.
Baumberger further discloses that each sensor’s output is displayed on a different display [see [0109]-[0110] of Baumberger] and that one of the sensors is an ultrasound imaging sensor [see [0019] of Baumberger] and the other one is a vital sign [see [0073] of Baumberger]
it would have been obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the apparatus of Oura as modified by Sullivan and Gross further such that each sensor’s output is displayed on a different display and that one of the sensors is ultrasound imaging sensor and the other one is a vital sign according to the teachings of Baumberger in order to reduce clutter of information in the operating room and provide the necessary information only to relevant people [see [0008] of Baumberger]
Claim 5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Oura et al. (International Publication No. 2017/081962) hereinafter “Oura” in view of Gross (U.S. Publication No. 2019/0286844) hereinafter “Gross” and Sullivan et al. (U.S. Publication No 2004/0111045) hereinafter “Sullivan” as applied to claim 3 above, and further in view of Chiu et al. (U.S. Publication No. 2008/319275) hereinafter “Chiu”.
Regarding claim 5 and 13, Oura in view of Sullivan and Gross discloses all the limitations of claim 3 an 11 above [see rejection of claims 3 and 11]
Oura in view of Sullivan and Gross does not expressly disclose that the display controller is configured to cause the interest information corresponding to the predetermined event to be highlighted in at least one display of the plurality of displays.
Chiu, directed towards multiple patient interfaces for displaying vital sign and ultrasound images of the patient [see abstract of Chiu] further discloses that that the display controller is configured to cause the interest information corresponding to the predetermined event to be highlighted in at least one display of the plurality of displays. [see [0083] of Chiu; the intraoperative data that needs attention are displayed in a changed color]
It would have been further obvious to a person of ordinary skill level in the art at the time of the filing of the invention to modify the apparatus of Oura in view of Sullivan and Gross further and cause the interest information corresponding to the predetermined event to be highlighted in at least one display of the plurality of displays according to the teachings of Chiu in order to draw further attention to the data that has caused the event.
Response to Arguments
Applicant's arguments filed 05/26/2026 have been fully considered but they are not persuasive.
With regards to the added amendment to the independent claims 1 and 9, the applicant has argued that the none of the references show that the controller connected to the first display while being connectable to the second display external to the patient monitor.
In response, the examiner notes that as it is explained in the rejection section of the office action above, the primary reference Oura discloses that the controller is connected to the first display while the secondary reference Gross shows that the controller can also be connected to a secondary display via a remote interface.
The applicant has in particular argued that in Oura at best discloses displays located at different locations and not in the same room. Gross, is relied upon to show that feature. However, the applicant has argued that displays 40 and 42 of Gross are controlled by a management system 14 and there is no connection between patient’s monitor 40 and the content monitor 42 while the claims recite that the second display is connectable to and controlled by display controller of the patient monitor.
In response, the examiner respectfully disagrees and notes that the claims merely require that the second display be controllable by the display controller of the patient monitor. Gross in fact discloses this feature since the management system 14 is connected to and manages both displays including the second display. This is while the primary reference has disclosed that the controller is connected to the first monitor. As a result, the combination of the teachings discloses that the controller is connected to the first monitor while being connectable to the second monitor.
The examiner further notes that the term “Connected” has a broad meaning which includes both functional connection and physical connection. As a result, any connection between the first monitor and the controller (either physical or functional, or direct connection vs. indirect connection) falls under the broadest interpretation of this term. The applicant is advised to use more specific language to distinguish the claims from prior art of record.
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 MARJAN - SABOKTAKIN whose telephone number is (303)297-4278. The examiner can normally be reached M-F 9 am-5pm CT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Carey can be reached at (571) 270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARJAN SABOKTAKIN/Examiner, Art Unit 3797
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
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