Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/28/2025 has been entered. Claims 1-10 and 12-35 are currently pending and under examination.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 61/322675 and 61/227187, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Application Nos. 61/227,187 and 61/322675 fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for amended claim 1 regarding the amended claim language “provide a first data view of the real-time patient physiological information at the first display device as displayed concurrently in real-time by the patient monitoring device at the second display device, wherein the real-time patient physiological information comprises the ECG waveform and the vital signs displayed at the second display device, provide at least one second data view of historic patient physiological information different from the real-time patient physiological information as displayed concurrently in real-time by the patient monitoring device at the second display device, according to a user-selected display mode for the historic patient physiological information, and provide a graphical user interface (GUI) at the first display device that enables a user of the first display device to switch between (a) the first data view of the real-time patient physiological information at the first display device as displayed concurrently in real-time by the patient monitoring device at the second display device, and (b) the at least one second data view of the historic patient physiological information different from the real-time patient physiological information as displayed concurrently in real-time by the patient monitoring device at the second display device” as now recited. Therefore claims 1-10 and 12-31 have been given the filing date of 7/20/2010.
Claim Objections
In view of the amendment received on 10/28/2025 amending claims 7, 12, 14-15, 18,20, 24,26-30 to clarify the language the objections made against the claims in the office action of 7/29/2025 have been withdrawn.
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 1-8,10,12-13,15,17-18,20-23,27 and 30-35 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over US 2004/0122476 to Wung (Wung) in view of US 2010/0235782 to Powell et al. (Powell) and US 2006/0149597 to Powell et al. (Powell ‘597) (all previously cited).
In reference to at least claim 1
Wung discloses a system for providing patient information collected by a medical device at an external display (e.g. system Figs. 5A-5B), the system comprising: the system comprising: a first display device (e.g. display monitor 66) separate from and communicatively coupled to only one patient monitoring device via a wireless connection (e.g. coupled with external defibrillator 64, Figs. 5A-5B, may include a wireless port, para. [0051]) wherein the first display device and the patient monitoring device are both located in a same location for patient care (e.g. display monitor 66 and defibrillator 64 are located together, Figs. 5A-5B); and the patient monitoring device communicatively coupled to the first display device (e.g. coupled with external defibrillator 64, Figs. 5A-5B, may include a wireless port, para. [0051]) and configured to attach to a patient (e.g. external defibrillator 64 includes electrodes for attaching to a patient, para. [0050]) the patient monitoring device comprising: a communication interface device (e.g. external defibrillator 64 may communicate with display monitor 66 using wired or wireless means, therefore a communication interface is present within the defibrillator, para. [0051]) and a second display device (e.g. display monitor 72) configured to display real-time patient physiological information gathered from the patient by the patient monitoring device during use of the patient monitoring device to treat and/or monitor the patient (e.g.” display monitor 72 may display the patient parameters to the operator, e.g., display monitors 66 and 72 successively display patient parameters.”, para. [0052]), wherein the displayed real-time patient physiological information comprises an ECG waveform and vital signs (e.g. patient parameters include ECG waveform and vital signs, para. [0054]), wherein the first display device comprises at least one processor (e.g. display monitor 66 can be a display of a laptop of a handheld computer, PDA or cellular telephone which inherently have a processor, para. [0053]) configured to: receive real-time patient physiological information from the patient monitoring device in real-time via the wireless connection (e.g. concurrently or successively display patient parameters, para. [0008], [0052]) provide a first data view of the real-time patient physiological information at the first display device as displayed concurrently in real-time by the patient monitoring device at the second display device (e.g. concurrently or successively display patient parameters, para. [0008], [0052]), wherein the real-time patient physiological information comprises the ECG waveform and the vital signs displayed at the second display device (e.g. patient parameters include ECG waveform and vital signs, para. [0054]).
Wung discloses the first display device providing at least one second data view at the first display device according to a user-selected display mode for the patient physiological information (e.g. operator may identify “user-selected” which patient parameters to display on each display that can include displaying a subset of patient parameters, para. [0057], [0061]) and that the additional display device can be a display of a laptop of a handheld computer, PDA or cellular telephone (e.g. para. [0053]) and can include a touch screen acting as input medium (e.g. para. [0044]).
However, Wu does not explicitly disclose the processor of the first display device being configured to provide at least one second data view of historic patient physiological information different from the real-time patient physiological information as displayed concurrently in real-time by the patient monitoring device at the second display device, according to a user-selected display mode for the historic patient physiological information, the historic physiological information indicating trending of at least one physiological parameter, the at least one physiological parameter being derived from prior real-time patient physiological information, and provide a graphical user interface (GUI) at the first display device that enables a user of the first display device to switch between (a) the first data view of the real-time patient physiological information at the first display device as displayed concurrently in real-time by the patient monitoring device at the second display device, and (b) the at least one second data view of the historic patient physiological information different from the real-time patient physiological information as displayed concurrently in real-time by the patient monitoring device at the second display device
Powell discloses a system for viewing patient data which discloses a mobile device (e.g. mobile device 12, “The remote device 12 can include any number of exemplar devices. Such exemplar devices include, but are not limited to, a mobile phone, a smartphone, a personal digital assistant (PDA), a laptop, a tablet personal computer (PC), a desktop PC, and/or combinations thereof.”, para. [0031]) comprising a display (e.g. 22) that communicates with a patient monitoring device using wireless functionality including short-range communication (e.g. “The connectivity interface(s) 14 can include, but is not limited to, a satellite receiver, cellular network, a Bluetooth system, a Wi-Fi system (e.g., 802.x), a cable modem, a DSL/dial-up interface, and/or a private branch exchange (PBX) system”, para. [0034]-[0035]). The mobile device is configured to display provide a first data view of real-time patient physiological information including cardiopulmonary data including respiration data and heart rate data (e.g. “The exemplar patient vitals include, but are not limited to, heart rate, blood pressure, oxygen saturation, end-tidal CO.sub.2, Swan tracing, Arterial Line Tracing, Central Venous Pressure, EKG/ECG, Ventilator waveforms and body temperature. The patient vitals can be provided as a static display, can be displayed in real-time”, para. [0070], [0073]) and to provide at least one second data view of historic patient physiological information different from the real-time patient physiological information as displayed concurrently in real-time by the patient monitoring device at the second display device (e.g. “The patient data and/or patient physiological information provided to the remotely located user can be provided in real-time data, and/or as historical data and information.”, para. [0058]-[0059]) including a blood oxygen level of the patient (e.g. “The exemplar patient vitals include, but are not limited to, heart rate, blood pressure, oxygen saturation, end-tidal CO.sub.2, Swan tracing, Arterial Line Tracing, Central Venous Pressure, EKG/ECG, Ventilator waveforms and body temperature. The patient vitals can be provided as a static display, can be displayed in real-time”, para. [0070], [0073]), according to a user-selected display mode for the historic patient physiological information (e.g. user-selected button to show real-time or playback, Fig. 5G), and provide a graphical user interface (GUI) at the first display device that enables a user of the first display device to switch between (a) the first data view of the real-time patient physiological information at the first display device as displayed concurrently in real-time by the patient monitoring device at the second display device, and (b) the at least one second data view of the historic patient physiological information different from the real-time patient physiological information as displayed concurrently in real-time by the patient monitoring device at the second display device (e.g. user-selected button to show real-time or playback, Fig. 5G, “The patient vitals can be provided as a static display, can be displayed in real-time (i.e., updated as measurements are taken by the patient monitoring device(s)), and/or can be played back (i.e., playback stored patient data to provide a historical display).”, para. [0070]). Powell discloses that the advantage being that the physician can used the data to facilitate a judgement with regard to the condition of the patient (e.g. para. [0074]).
Powell ‘597 discloses a system for viewing patient data which discloses a mobile device (e.g. mobile device 70, “ viewing real time critical patient data on mobile devices, such as Pocket PCs handheld devices and other PDA or cellular phone devices,”, para. [0021]) comprising a display (e.g. mobile device 70 includes a display) that communicates with a patient monitoring device using wireless functionality including short-range communication (e.g. “From AirStrip Database System 40 the data/information is provided through a web service/firewall 42 to the Internet 50. From the Internet 50 through a variety of Internet connectivity options 60 the information is eventually passed to the local mobile devices 70 retained by the remote physician. Internet connectivity 60 may be provided by means of satellite receiver 61, cellular network 62, Bluetooth system 63, Wi-Fi (802.1 1) system 64, cable modem 65, DSL/dial-up 66 and PBX system 68.”, para. [0048]). The mobile device is configured to display provide a first data view of real-time patient physiological information (e.g. “real-time display”, para. [0029], [0058], [0060]; “ In general, the system and method of the present invention can be applied to the transmission, reception, and display of any type of wave form, rhythm, or "free form" data associated with the physiological condition of a patient.”, para. [0021]) and to provide at least one second data view of historic patient physiological information different from the real-time patient physiological information as displayed concurrently in real-time by the patient monitoring device at the second display device (e.g. “a trend view of the data whereby the physician may recall past data received to identify and characterize trends.”, para. [0057], claims 23 and 25), according to a user-selected display mode for the historic patient physiological information (e.g. “the wireless device allows for a real time view of the data for purposes of comparison and analysis and a trend view of the data whereby the physician may recall past data received to identify and characterize trends.”, para. [0057]), the historic physiological information indicating trending of at least one physiological parameter, the at least one physiological parameter being derived from prior real-time patient physiological information (e.g. “a trend view of the data whereby the physician may recall past data received to identify and characterize trends.”, para. [0057], claims 23 and 25), and provide a graphical user interface (GUI) at the first display device that enables a user of the first display device to switch between (a) the first data view of the real-time patient physiological information at the first display device as displayed concurrently in real-time by the patient monitoring device at the second display device, and (b) the at least one second data view of the historic patient physiological information different from the real-time patient physiological information as displayed concurrently in real-time by the patient monitoring device at the second display device (e.g. “the wireless device allows for a real time view of the data for purposes of comparison and analysis and a trend view of the data whereby the physician may recall past data received to identify and characterize trends.”, para. [0057]). Powell ‘597 discloses the invention allowing real time critical patient data on mobile device can dramatically improve overall patient healthcare (e.g. para. [0021]) and allows the physician to discern a course of action for the patient even in a remote location (e.g. par. [0057]).
Since Wung discloses being able to display multiple data views, it would have been obvious to one having ordinary skill in the art at the time of the invention to further modify the processor within the first display device of Wung, to provide at least one second data view of historic patient physiological information different from the real-time patient physiological information as displayed concurrently in real-time by the patient monitoring device at the second display device, according to a user-selected display mode for the historic patient physiological information, and provide a graphical user interface (GUI) at the first display device that enables a user of the first display device to switch between (a) the first data view of the real-time patient physiological information and (b) the at least one second data view of the historic patient physiological information different from the real-time patient physiological information, as taught by Powell, in order to allow the medical professional to observe trends within the data to facilitate a judgement with regard to the condition of the patient (e.g. ‘782, para. [0074]). Further, it would have been obvious to one having ordinary skill in the art at the time of the invention to further modify the processor within the first display device of Wung modified by Powell, to provide the historic physiological information indicating trending of at least one physiological parameter, the at least one physiological parameter being derived from prior real-time patient physiological information, as taught by Powell ‘597, in order to allow the physician to make a judgment about the condition of the patient and discern a proper course of action for the patient (‘597, para. [0019], [0057]). Additionally, the modified system would include a display with a second data view being capable of displaying the trending of any physiological parameter that was monitored in real-time including an oxygen saturation level of the patient.
In reference to at least claim 2
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 1. Wung further discloses wherein the patient monitoring device comprises a defibrillator (e.g. external defibrillator 64).
In reference to at least claim 3
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 1. Wung further discloses wherein the defibrillator comprises electrodes and sensors and is configured to attach to the patient via the electrodes and the sensors (e.g. external defibrillator includes electrodes 14 and 16 and/or may have dedicated sensing electrodes or other sensors, para. [0022], [0034]).
In reference to at least claim 4
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 1. Wung further discloses wherein the first display device is a non-clinical device (e.g. display monitor 66 can include a display of a laptop of a handheld computer, PDA or cellular telephone, para. [0053])
In reference to at least claim 5
Wung modified by Powell renders obvious a system according to claim 1. Wung further discloses wherein the first display device is configured to send information to the patient monitoring device via the wireless connection (e.g. operator may interact with the defibrillator via an input medium of the display device, para. [0009], [0044]).
In reference to at least claim 6
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 1. Wung further discloses wherein the first display device comprises a touchscreen configured to capture patient data entered at the touchscreen (e.g. the additional display device can include a touch screen acting as input medium, para. [0044]).
In reference to at least claim 7
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 1. Wung further discloses wherein the first data view of the real-time patient physiological information at the first display device is automatically refreshed to show most recent data gathered from the patient by the patient monitoring device (e.g. concurrently or successively display patient parameters, para. [0008], [0052]).
In reference to at least claim 8
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 1. Powell ‘597 further discloses wherein the user-selected display mode comprises historical trending graphs for one or more data items in the first data view (e.g. “a trend view of the data whereby the physician may recall past data received to identify and characterize trends.”, para. [0057], claims 23 and 25).
In reference to at least claim 10
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 1. Wung further discloses wherein the communication interface device enables one or more of Bluetooth, WiFi, and cellular network communications to and from the patient monitoring device (e.g. communicate using wireless connection, e.g. 802.11a, Bluetooth or IRDA, para. [0025], [0051]).
In reference to at least claim 12
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 1. Wung further discloses wherein the at least one processor is configured to provide the real-time and/or historic patient physiological information as data fields comprising one or more of a heart rate field, a respiration rate field, a blood pressure field, a blood oxygen level field, and an end-tidal carbon dioxide level field (e.g. display a heart rate, para. [0035], [0042]).
In reference to at least claim 13
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 1. Wung further discloses wherein the data fields comprise one or more of a numerical indication, a time indication, a trend graph, and a historical graph (e.g. display patient parameters para. [0008], [0052], wherein the patient parameters include ECG waveform “trend graph” and vital signs such as heart rate “numerical indication(s)”, para. [0042] [0054]). Powell also further discloses wherein the data fields comprise one or more of a numerical indication, a time indication, a trend graph, and a historical graph (e.g. numerical indication and/or graphical form, Figs. 5G-5J, “displayed in graphical form”, para. [0059], [0069]-[0070]).
In reference to at least claim 15
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 1. Wung further discloses wherein the real-time and/or historic patient physiological information comprises one or more of code markers and data snapshots (e.g. concurrently or successively display patient parameters “data snapshot”, para. [0008], [0052], wherein the patient parameters include ECG waveform and vital signs, para. [0054]).
In reference to at least claim 17
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 1. Powell further discloses wherein the at least one processor is configured to display historical clinical data during an encounter in which the historical clinical data was collected (e.g. user-selected button to show real-time or playback, Fig. 5G, “The patient vitals can be provided as a static display, can be displayed in real-time (i.e., updated as measurements are taken by the patient monitoring device(s)), and/or can be played back (i.e., playback stored patient data to provide a historical display).”, para. [0070]). Powell ‘597 further discloses wherein the at least one processor is configured to display historical clinical data during an encounter in which the historical clinical data was collected (e.g. “a trend view of the data whereby the physician may recall past data received to identify and characterize trends.”, para. [0057], claims 23 and 25).
In reference to at least claim 18
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 1. Powell further discloses wherein the first display device is configured to transmit at least a portion of the real-time and/or historic patient physiological information to a non-clinical device communicatively coupled to the first display device (e.g. Figs. 1-2, data can be transferred from the remote device 12 through the connectivity interface(s) 14 and network 16 to each of the first and second facility systems 18, 20., para. [0030]; “Each information system 42 communicates with the DMS 60' via a direct connection, or remotely through a network (not shown) that can include, but is not limited to, a LAN, a WAN, a WLAN, and/or the Internet. In the exemplar arrangement of FIG. 2, the DMS 60' communicates with each of the information systems 42 through the network 16.”, para. [0043]).
In reference to at least claim 20
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 1. Powell further discloses wherein the first display device is configured to transmit the real-time and/or historic patient physiological information to a third display device in a remote environment (e.g. mobile device 12 can communicate with remotely located devices within facility system 18,20 including computer interfaces 44, which are interpreted to be a “third display device in a remote environment” Figs. 1-2, data can be transferred from the remote device 12 through the connectivity interface(s) 14 and network 16 to each of the first and second facility systems 18, 20.”, para. [0030], [0075]).
In reference to at least claim 21
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 20. Wung further discloses wherein the first display device and the patient monitoring device are disposed in a mobile environment (e.g. display monitor 66 and defibrillator 64 are located together in a mobile environment where the patient is located, Figs. 5A-5B). Powell further discloses the remote environment comprises a hospital (e.g. Figs. 1-2, data can be transferred from the remote device 12 through the connectivity interface(s) 14 and network 16 to each of the first and second facility systems 18, 20.”, i.e. a third device in a remote environment, para. [0030], [0075]; “Each facility system 18, 20 can be provided as a medical care system, for example, which medical care system can include one or more hospitals, hospital systems, clinics, physician offices, and the like.”, para. [0036]).
In reference to at least claim 22
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 20. Wung further discloses wherein the communication interface device is configured to permit total or partial remote control of the patient monitoring device (e.g. external defibrillator 64 may communicate with display monitor 66 using wired or wireless means, therefore a communication interface is present within the defibrillator, para. [0051]; operator may interact with the defibrillator via an input medium of the display device, para. [0009], [0044]).
In reference to at least claim 23
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 22.
Power further discloses wherein the non-clinical device comprises a patient charting device (e.g. mobile device 12 can communicate with remotely located devices within facility system 18,20 including computer interfaces 44, which are interpreted to be a “third display device in a remote environment” Figs. 1-2, para. [0030],
“a local healthcare provider (e.g., a nurse and/or physician at the facility 40) can input patient physiological information using the computer interface 44 including annotations, among others”, therefore computer interface 44 is a “patient charting device” that allows the provider to input patient data and provide chart annotation, para. [0057], [0075]).
In reference to at least claim 27
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 20. Wung further discloses wherein the real-time patient physiological information comprises twelve-lead ECG data (e.g. twelve-lead ECG, para. [0022]) and being able to select particular patient data to display (e.g. para. [0042]-[0043]), therefore the modified device of Wung modified by Powell and Powell ‘597 would include the third display being capable of displaying a subset of the twelve-lead ECG data.
In reference to at least claim 30
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 1. Wung further discloses wherein the first display device is configured to transmit the real-time and/or historic patient physiological information to a remote storage server (e.g. “The DMS 60, 60' synchronizes and transfers data between the remote device 12, or multiple remote devices 12, and the information system 42, or multiple information systems 42”, para. [0045]-[0046]).
In reference to at least claim 31
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 1. Powell further discloses wherein the historic patient physiological information different from the real-time patient physiological information comprises one or more historical snapshots of ECG waveforms (e.g. user-selected button to show real-time or playback, Fig. 5G, “The patient vitals can be provided as a static display, can be displayed in real-time (i.e., updated as measurements are taken by the patient monitoring device(s)), and/or can be played back (i.e., playback stored patient data to provide a historical display).”, para. [0070]; can provide a snap shot of the data “In implementations of the present disclosure, provide zoom in and out functionality. In each case, the user can take advantage of viewing a trend (e.g., zoom out), or a specific data segment (e.g., zoom in)”, para. [0060], [0074]).
In reference to at least claim 32
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 1. Powell further discloses the at least one physiological parameter further includes an end-tidal carbon dioxide level of the patient (e.g. “The exemplar patient vitals include, but are not limited to, heart rate, blood pressure, oxygen saturation, end-tidal CO.sub.2, Swan tracing, Arterial Line Tracing, Central Venous Pressure, EKG/ECG, Ventilator waveforms and body temperature. The patient vitals can be provided as a static display, can be displayed in real-time”, para. [0070], [0073]).
In reference to at least claim 33
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 1. Powell further discloses the at least one physiological parameter further includes a blood pressure (e.g. “The exemplar patient vitals include, but are not limited to, heart rate, blood pressure, oxygen saturation, end-tidal CO.sub.2, Swan tracing, Arterial Line Tracing, Central Venous Pressure, EKG/ECG, Ventilator waveforms and body temperature. The patient vitals can be provided as a static display, can be displayed in real-time”, para. [0070], [0073]).
In reference to at least claim 34
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 1. Powell further discloses the at least one physiological parameter further includes a respiration rate of the patient (e.g. “The exemplar patient vitals include, but are not limited to, heart rate, blood pressure, oxygen saturation, end-tidal CO.sub.2, Swan tracing, Arterial Line Tracing, Central Venous Pressure, EKG/ECG, Ventilator waveforms and body temperature. The patient vitals can be provided as a static display, can be displayed in real-time”, para. [0070], [0073]).
In reference to at least claim 35
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 1. Wung further discloses the at least one physiological parameter further includes heart rate (e.g. display a heart rate, para. [0035], [0042]).
Claims 9,14,16,19 and 28-29 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over US 2004/0122476 to Wung (Wung) in view of US 2010/0235782 to Powell et al. (Powell) and US 2006/0149597 to Powell et al. (Powell ‘597) as applied to claims 1 and 20 further in view of US 2005/0204310 to DeZwart et al. (Zwart) (previously cited).
In reference to at least claim 9
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 1.
However, Wung modified by Powell and Power ‘597 does not explicitly teach the user-selected display mode comprises a menu of treatment protocol categories for one or more data items in the first data view.
Zwart, in the same field of endeavor, discloses a system for providing patient physiological information collected by a medical device at an external display (e.g. Fig. 6), the system comprising: the system comprising: a first display device (e.g. RRPC 15, Fig. 6)) separate from and communicatively coupled to only one patient monitoring device via a wireless connection (e.g. communicate with one or more diagnostic or therapeutic medical devices, therefore the RRPC device can communicate with one diagnostic or therapeutic medical device, para. [0019]), wherein the first display device and the patient monitoring device are both located in a same location for patient care (e.g. communicate with one or more diagnostic or therapeutic medical devices in the vicinity, para. [0019], [0022]); and the patient monitoring device communicatively coupled to the first display device (e.g. communicate with one or more diagnostic or therapeutic medical devices, para. [0019]) and configured to attach to a patient (e.g. one or more diagnostic or therapeutic medical devices, para. [0019]) and a second display device (e.g. transthoracic pacemaker/defibrillator such as the M-series manufactured by Zoll which has a display device, para. [0019]) configured to display the patient physiological information gathered from the patient by the patient monitoring device during use of the patient monitoring device to treat and/or monitor the patient (e.g. transthoracic pacemaker/defibrillator such as the M-series manufactured by Zoll which has a display device that displays patient physiological information monitored during use of the pacemaker/defibrillator, para. [0019]) wherein the first display device comprises at least one processor (e.g. RRPC includes PDAs, Tablet PCs and laptop computers which inherently have a processor, para. [0004]-[0005]) configured to: receive the patient physiological information from the patient monitoring device in real-time via the wireless connection (e.g. real-time viewing of physiological information, Figs. 1-2, para. [0019]), provide a first data view of the patient physiological information at the first display device that comprises information displayed in real-time by the patient monitoring device at the second display device (e.g. real-time viewing of physiological information, Figs. 1-2, para. [0019]), and provide at least one second data view at the first display device according to a user-selected display mode for the patient physiological information (e.g. real-time viewing of physiological patient parameters controllable by the user, Figs. 1-2, para. [0017]-[0020]), wherein a graphical user interface (GUI) at the first display device enables a user of the first display device to toggle between the first data view and the at least one second data view (e.g. real-time viewing of physiological patient parameters controllable by the user, Figs. 1-2, para. [0017]-[0020], various buttons and touch sensitive options to allow user control, para. [0007]). Zwart further discloses wherein the user-selected display mode comprises a menu of treatment protocol categories for one or more data items in the first data view (e.g. menu of treatment protocol categories, Figs. 1-2, para. [0017], depending on mode of operation different interventions can be display, such as when the operation is a pace mode medical interventions appropriate for pacing are displayed, para. [0019]).
Since Wung discloses being able to have multiple data views, it would have been obvious to one having ordinary skill in the art at the time of the invention to further modify the system of Wung modified by Powell and Powell ‘597 to include the user-selected display mode including a menu of treatment protocol categories for one or more data items in the first data view, as taught by Zwart, in order to allow the user to provide continuous quality of care improvements (‘310, para. [0003]).
In reference to at least claim 14
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 1.
However, Wung modified by Powell and Powell ‘597 does not explicitly teach wherein the real-time and/or historic patient physiological information comprises CPR feedback.
Zwart, in the same field of endeavor, discloses a system for providing patient physiological information collected by a medical device at an external display (e.g. Fig. 6), the system comprising: the system comprising: a first display device (e.g. RRPC 15, Fig. 6)) separate from and communicatively coupled to only one patient monitoring device via a wireless connection (e.g. communicate with one or more diagnostic or therapeutic medical devices, therefore the RRPC device can communicate with one diagnostic or therapeutic medical device, para. [0019]), wherein the first display device and the patient monitoring device are both located in a same location for patient care (e.g. communicate with one or more diagnostic or therapeutic medical devices in the vicinity, para. [0019], [0022]); and the patient monitoring device communicatively coupled to the first display device (e.g. communicate with one or more diagnostic or therapeutic medical devices, para. [0019]) and configured to attach to a patient (e.g. one or more diagnostic or therapeutic medical devices, para. [0019]) and a second display device (e.g. transthoracic pacemaker/defibrillator such as the M-series manufactured by Zoll which has a display device, para. [0019]) configured to display the patient physiological information gathered from the patient by the patient monitoring device during use of the patient monitoring device to treat and/or monitor the patient (e.g. transthoracic pacemaker/defibrillator such as the M-series manufactured by Zoll which has a display device that displays patient physiological information monitored during use of the pacemaker/defibrillator, para. [0019]) wherein the first display device comprises at least one processor (e.g. RRPC includes PDAs, Tablet PCs and laptop computers which inherently have a processor, para. [0004]-[0005]) configured to: receive the patient physiological information from the patient monitoring device in real-time via the wireless connection (e.g. real-time viewing of physiological information, Figs. 1-2, para. [0019]), provide a first data view of the patient physiological information at the first display device that comprises information displayed in real-time by the patient monitoring device at the second display device (e.g. real-time viewing of physiological information, Figs. 1-2, para. [0019]). Zwart further discloses wherein the patient physiological information comprises CPR feedback (e.g. CPR, Fig. 1).
Since Wung discloses providing patient physiological information, it would have been obvious to one having ordinary skill in the art at the time of the invention to further modify the system of Wung modified by Powell and Powell ‘597 to include the real-time and/or historic patient physiological information including CPR feedback, as taught by Zwart, in order to allow the user to receive feedback regarding compressions provided allowing continuous quality of care improvements (‘310, para. [0003]).
In reference to at least claim 16
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 1.
However, Wung modified by Powell and Powell ‘597 does not explicitly teach wherein the at least one processor is configured to display intervention log information at the first display device.
Zwart, in the same field of endeavor, discloses a system for providing patient physiological information collected by a medical device at an external display (e.g. Fig. 6), the system comprising: the system comprising: a first display device (e.g. RRPC 15, Fig. 6)) separate from and communicatively coupled to only one patient monitoring device via a wireless connection (e.g. communicate with one or more diagnostic or therapeutic medical devices, therefore the RRPC device can communicate with one diagnostic or therapeutic medical device, para. [0019]), wherein the first display device and the patient monitoring device are both located in a same location for patient care (e.g. communicate with one or more diagnostic or therapeutic medical devices in the vicinity, para. [0019], [0022]); and the patient monitoring device communicatively coupled to the first display device (e.g. communicate with one or more diagnostic or therapeutic medical devices, para. [0019]) and configured to attach to a patient (e.g. one or more diagnostic or therapeutic medical devices, para. [0019]) and a second display device (e.g. transthoracic pacemaker/defibrillator such as the M-series manufactured by Zoll which has a display device, para. [0019]) configured to display the patient physiological information gathered from the patient by the patient monitoring device during use of the patient monitoring device to treat and/or monitor the patient (e.g. transthoracic pacemaker/defibrillator such as the M-series manufactured by Zoll which has a display device that displays patient physiological information monitored during use of the pacemaker/defibrillator, para. [0019]) wherein the first display device comprises at least one processor (e.g. RRPC includes PDAs, Tablet PCs and laptop computers which inherently have a processor, para. [0004]-[0005]) configured to: receive the patient physiological information from the patient monitoring device in real-time via the wireless connection (e.g. real-time viewing of physiological information, Figs. 1-2, para. [0019]), provide a first data view of the patient physiological information at the first display device that comprises information displayed in real-time by the patient monitoring device at the second display device (e.g. real-time viewing of physiological information, Figs. 1-2, para. [0019]). Zwart further discloses wherein the at least one processor is configured to display intervention log information at the first display device (e.g. displays log in formation, Figs. 1-2, para. [0016], [0019]).
Since Wung discloses being able to display multiple views, it would have been obvious to one having ordinary skill in the art at the time of the invention to further modify the system of Wung modified by Powell and Powell ‘597 to include the at least one processor being configured to display intervention log information at the first display device, as taught by Zwart, in order to allow the user to review interventions provided and frequency of interventions provided to the patient reducing the number of steps necessary for action (e.g.’310, para. [0007]).
In reference to at least claim 19
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 18.
However, Wung modified by Powell and Powell ‘597 does not explicitly teach wherein the non-clinical device comprises a patient charting device.
Zwart, in the same field of endeavor, discloses a system for providing patient physiological information collected by a medical device at an external display (e.g. Fig. 6), the system comprising: the system comprising: a first display device (e.g. RRPC 15, Fig. 6)) separate from and communicatively coupled to only one patient monitoring device via a wireless connection (e.g. communicate with one or more diagnostic or therapeutic medical devices, therefore the RRPC device can communicate with one diagnostic or therapeutic medical device, para. [0019]), wherein the first display device and the patient monitoring device are both located in a same location for patient care (e.g. communicate with one or more diagnostic or therapeutic medical devices in the vicinity, para. [0019], [0022]); and the patient monitoring device communicatively coupled to the first display device (e.g. communicate with one or more diagnostic or therapeutic medical devices, para. [0019]) and configured to attach to a patient (e.g. one or more diagnostic or therapeutic medical devices, para. [0019]) and a second display device (e.g. transthoracic pacemaker/defibrillator such as the M-series manufactured by Zoll which has a display device, para. [0019]) configured to display the patient physiological information gathered from the patient by the patient monitoring device during use of the patient monitoring device to treat and/or monitor the patient (e.g. transthoracic pacemaker/defibrillator such as the M-series manufactured by Zoll which has a display device that displays patient physiological information monitored during use of the pacemaker/defibrillator, para. [0019]) wherein the first display device comprises at least one processor (e.g. RRPC includes PDAs, Tablet PCs and laptop computers which inherently have a processor, para. [0004]-[0005]) configured to: receive the patient physiological information from the patient monitoring device in real-time via the wireless connection (e.g. real-time viewing of physiological information, Figs. 1-2, para. [0019]), provide a first data view of the patient physiological information at the first display device that comprises information displayed in real-time by the patient monitoring device at the second display device (e.g. real-time viewing of physiological information, Figs. 1-2, para. [0019]). Zwart further discloses wherein the first display device is configured to transmit at least a portion of the patient physiological information to a non-clinical device including a patient charting device communicatively coupled to the first display device (e.g. formatting records for transfer and automatically transferring them if configured in this manner, para. [0019], [0022]l can transfer to a desktop computer for review, para. [0077]).
It would have been obvious to one having ordinary skill in the art at the time of the invention to further modify the system of Wung modified by Powell and Powell ‘597 to include the non-clinical device being a patient charting device, as taught by Zwart, in order to allow a remotely located clinician to review and annotate the data (e.g. ‘310, para. [0077]).
In reference to at least claim 28
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 20. Powell further discloses wherein the third display device is configured to provide information similar to that provided at the first display device (e.g. “patient data is made available for display on the computer device 44, para. [0040], “subsequent display on the computer interface 44”, para. [0077]).
However, Wung modified by Powell and Powell ‘597 does not explicitly teach wherein the first display device provides a clinical decision support user interface based on the real-time and/or historic patient physiological information.
Zwart, in the same field of endeavor, discloses a system for providing patient physiological information collected by a medical device at an external display (e.g. Fig. 6), the system comprising: the system comprising: a first display device (e.g. RRPC 15, Fig. 6)) separate from and communicatively coupled to only one patient monitoring device via a wireless connection (e.g. communicate with one or more diagnostic or therapeutic medical devices, therefore the RRPC device can communicate with one diagnostic or therapeutic medical device, para. [0019]), wherein the first display device and the patient monitoring device are both located in a same location for patient care (e.g. communicate with one or more diagnostic or therapeutic medical devices in the vicinity, para. [0019], [0022]); and the patient monitoring device communicatively coupled to the first display device (e.g. communicate with one or more diagnostic or therapeutic medical devices, para. [0019]) and configured to attach to a patient (e.g. one or more diagnostic or therapeutic medical devices, para. [0019]) and a second display device (e.g. transthoracic pacemaker/defibrillator such as the M-series manufactured by Zoll which has a display device, para. [0019]) configured to display the patient physiological information gathered from the patient by the patient monitoring device during use of the patient monitoring device to treat and/or monitor the patient (e.g. transthoracic pacemaker/defibrillator such as the M-series manufactured by Zoll which has a display device that displays patient physiological information monitored during use of the pacemaker/defibrillator, para. [0019]) wherein the first display device comprises at least one processor (e.g. RRPC includes PDAs, Tablet PCs and laptop computers which inherently have a processor, para. [0004]-[0005]) configured to: receive the patient physiological information from the patient monitoring device in real-time via the wireless connection (e.g. real-time viewing of physiological information, Figs. 1-2, para. [0019]), provide a first data view of the patient physiological information at the first display device that comprises information displayed in real-time by the patient monitoring device at the second display device (e.g. real-time viewing of physiological information, Figs. 1-2, para. [0019]). Zwart further discloses wherein the first display device provides a clinical decision support user interface based on the patient physiological information (e.g. para. [0019]).
It would have been obvious to one having ordinary skill in the art at the time of the invention to further modify the system of Wung modified by Powell and Powell ‘597 to include a clinical decision support user interface based on the real-time and/or historic patient physiological information on the first display, as taught by Zwart, in order to allow a remotely located clinician to review the data to provide a quick diagnosis (e.g. ‘310, para. [0077]).
In reference to at least claim 29
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 1.
However, Wung modified by Powell and Powell ‘597 does not explicitly teach wherein the first display device provides a clinical decision support user interface based on the real-time and/or historic patient physiological information.
Zwart, in the same field of endeavor, discloses a system for providing patient physiological information collected by a medical device at an external display (e.g. Fig. 6), the system comprising: the system comprising: a first display device (e.g. RRPC 15, Fig. 6)) separate from and communicatively coupled to only one patient monitoring device via a wireless connection (e.g. communicate with one or more diagnostic or therapeutic medical devices, therefore the RRPC device can communicate with one diagnostic or therapeutic medical device, para. [0019]), wherein the first display device and the patient monitoring device are both located in a same location for patient care (e.g. communicate with one or more diagnostic or therapeutic medical devices in the vicinity, para. [0019], [0022]); and the patient monitoring device communicatively coupled to the first display device (e.g. communicate with one or more diagnostic or therapeutic medical devices, para. [0019]) and configured to attach to a patient (e.g. one or more diagnostic or therapeutic medical devices, para. [0019]) and a second display device (e.g. transthoracic pacemaker/defibrillator such as the M-series manufactured by Zoll which has a display device, para. [0019]) configured to display the patient physiological information gathered from the patient by the patient monitoring device during use of the patient monitoring device to treat and/or monitor the patient (e.g. transthoracic pacemaker/defibrillator such as the M-series manufactured by Zoll which has a display device that displays patient physiological information monitored during use of the pacemaker/defibrillator, para. [0019]) wherein the first display device comprises at least one processor (e.g. RRPC includes PDAs, Tablet PCs and laptop computers which inherently have a processor, para. [0004]-[0005]) configured to: receive the patient physiological information from the patient monitoring device in real-time via the wireless connection (e.g. real-time viewing of physiological information, Figs. 1-2, para. [0019]), provide a first data view of the patient physiological information at the first display device that comprises information displayed in real-time by the patient monitoring device at the second display device (e.g. real-time viewing of physiological information, Figs. 1-2, para. [0019]). Zwart further discloses wherein the first display device provides a clinical decision support user interface based on the patient physiological information (e.g. para. [0019]).
It would have been obvious to one having ordinary skill in the art at the time of the invention to further modify the system of Wung modified by Powell and Powell ‘597 to include a clinical decision support user interface based on the real-time and/or historic patient physiological information on the first display, as taught by Zwart, in order to allow a remotely located clinician to review the data to provide a quick diagnosis (e.g. ‘310, para. [0077]).
Claims 24-26 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over US 2004/0122476 to Wung (Wung) in view of US 2010/0235782 to Powell et al. (Powell) and US 2006/0149597 to Powell et al. (Powell ‘597) as applied to claim 1 further in view of US 2008/0021730 to Holla et al. (Holla) (previously cited).
In reference to at least claim 24-25
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 20. Powell discloses that “a front-end component, e.g., a client device, such as the remote device 12, having a graphical user interface or a Web browser through which a user can interact with an implementation of the invention” (e.g. para. [0106]) and further discloses that “The secure sign-on authenticates the identity of the user of the remote device 12 based on a unique user ID and password combination. Both the user ID and the password must be correct in order to establish the secure communication between the remote device 12 and the DMS 60, 60'”, (e.g. para. [0058], [0088]).
However, Wung modified by Powell and Powell ‘597 does not explicitly teach wherein the third display device is configured to access a web interface and display the real-time and/or historic patient physiological information at a web page via the web interface, wherein the web page is one or more of secured, encrypted, password protected, and HIPAA (Healthcare Insurance Portability and Accountability Act) compliant.
Holla, in the same field of patient monitoring, discloses a first display device within a mobile environment that contains monitored medical data from a patient (e.g. ambulance 101, air-ambulance 102, home medical equipment 104, Fig. 1, [0041]) in which data from the mobile environment is collected within a data interchange server 110 and immediately transmitted to a physician’s mobile device “third display device” for review (e.g. para. [0042]) allowing a convenient, efficient and timely access to medical records and allowing physicians to enter orders and comments into patient’s medical charts (e.g. para. [0005], [0029], [0067]). Holla discloses the use of real-time stream of clinical data (e.g. para. [0158]-[0159]) and that the medial data may come from medical devices implanted or positioned on a patient (e.g. para. [0041], [0182]-[0183]). Holla further discloses that is known within the art to post patient medical records on a website portal that may be accessed by registered physicians (e.g. para. [0029]).
Therefore, it would have been obvious to one having ordinary skill in the art at the time of the invention to further modify the system of Wung modified by Powell and Powell ‘597 to include the computer interface being configured to access a web interface and display the real-time and/or historic patient physiological information at a web page via the web interface, wherein the web page is one or more of secured, encrypted, password protected, and HIPAA (Healthcare Insurance Portability and Accountability Act) compliant as such technique was known in the art in order to allow convenient, efficient and timely access to medical records by registered physicians allowing the physician to review and enter orders and comments into patient’s medical charts (e.g. ‘730, para. [0005]).
In reference to at least claim 26
Wung modified by Powell and Powell ‘597 renders obvious a system according to claim 20.
However, Wung modified by Powell and Powell ‘597 does not explicitly teach wherein the third display device is configured to display the real-time patient physiological information in real time in a third data view.
Holla, in the same field of patient monitoring, discloses a first display device within a mobile environment that contains monitored medical data from a patient (e.g. ambulance 101, air-ambulance 102, home medical equipment 104, Fig. 1, [0041]) in which data from the mobile environment is collected within a data interchange server 110 and immediately transmitted to a physician’s mobile device “third display device” for review (e.g. para. [0042]) allowing a convenient, efficient and timely access to medical records and allowing physicians to enter orders and comments into patient’s medical charts (e.g. para. [0005], [0029], [0067]). Holla discloses the use of real-time stream of clinical data (e.g. para. [0158]-[0159]) and that the medial data may come from medical devices implanted or positioned on a patient (e.g. para. [0041], [0182]-[0183]). Holla further discloses wherein the third display device is configured to display the patient physiological information in real-time in a third data view that includes the information displayed in real-time by the patient monitoring device at the second display device (e.g. real-time monitoring, para. [0158]-[0159]).
Therefore, it would have been obvious to one having ordinary skill in the art at the time of the invention to further modify the system of Wung modified by Powell and Powell ‘597 to include the computer interface being configured to display the real time patient physiological information in real time in a third data view, as taught by Holla, in order to allow convenient and timely access to medical data by registered physicians allowing the physician to perform a quick evaluation for timely diagnosis and issue appropriate orders for treatment (e.g. ‘730, para. [0027], [0067]).
Response to Arguments
Applicant's arguments filed 10/28/2025 have been fully considered but they are not persuasive. Applicant argues that “Powell ‘597 does not teach or suggest trending of ‘a blood oxygen level’”, see pg. 7-8 of response filed on 10/28/2025, the examiner respectfully disagrees. It is the combination of references which render obvious the claimed invention. Powell discloses the real-time patient physiological information including a blood oxygen level of the patient (e.g. “The exemplar patient vitals include, but are not limited to, heart rate, blood pressure, oxygen saturation, end-tidal CO.sub.2, Swan tracing, Arterial Line Tracing, Central Venous Pressure, EKG/ECG, Ventilator waveforms and body temperature. The patient vitals can be provided as a static display, can be displayed in real-time”, para. [0070], [0073]). Therefore, as stated above within the rejection, the modified system of Wung in view of Powell and Powell ‘597 would include a display with a second data view being capable of displaying the trending of any physiological parameter that was monitored in real-time including an oxygen saturation level of the patient. The claims relate to a system which is an apparatus, therefore a display configured with a data view showing trending of a physiological parameter monitored in real time would have the capability of displaying the trending of any physiological parameter that was monitored in real-time including an oxygen saturation level of the patient.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2004/0152954 to Pearce et al. which teaches a menu-driven medical device that senses various patient conditions including body temperature, blood pressure, blood oxygen levels, respiration, patient impedance, heart rate, heart rhythm, expired carbon dioxide concentration and the like.
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/JENNIFER L GHAND/Examiner, Art Unit 3796