DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-17, 25, and 28-33 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over U.S. Patent 7,942,844 to Moberg et al. in view of U.S. Patent Application Publication 2008/0189436 to Vaswani et al. in view of U.S. Patent Application Publication 2002/0147611 to Greene et al.
As to claims 1 and 25, Moberg discloses a system comprising:
a facility gateway configured to provide a web service (Moberg column 29 lines 1-32 see translation device); and
a medical device (Moberg column 34 lines 1-21 and column 30 lines 3-20 see infusion system); wherein:
only the medical device is configured to communicate with the facility gateway using the web service (Moberg column 34 lines 1-21 and column 30 lines 3-20 see infusion system),
the medical device is configured to initiate communications with the facility gateway using the web service to request a response payload, and the facility gateway is configured to be prevented from initiating communications with the medical device (Moberg column 34 lines 1-21 and column 37 lines 1-19);
the facility gateway is configured to:
Publishing an event respecting a medical device (Moberg column 41 lines 14-48).
in response to the medical device initiated communication by the medical device format the response payload comprising an availability of a queryable data type, wherein each current request status is a request for the medical device to transmit a data type of a plurality of data types to the facility gateway (Moberg column 34 lines 1-21 and column 37 lines 1-19), and
communicate the response payload to the medical device in response to the medical device initiated communication (Moberg column 34 lines 1-21 and column 37 lines 1-19), and
the medical device is configured to communicate all data types of the plurality of data types where a respective current request status of the current request statutes indicates a request of a respective data type (Moberg column 34 lines 1-21 and column 37 lines 1-19).
However, Moberg does not explicitly teach determine whether the medical device is listed on an access list of devices that can access the facility gateway and initiating communications based on the determination. Vaswani discloses determine whether the medical device is listed on an access list of devices that can access the facility gateway and initiating communications based on the determination (Vaswani [0073] and [0077]).
It would have been obvious to one of ordinary skill in the art at the time of the effective filing of the invention by applicant to use a list of approved devices as in Vaswani in the system of Moberg to improve data security.
However, Moberg and Vaswani do not explicitly teach a publish-subscribe service, and execute a device gateway configured for publishing an event respecting a medical device to a topic of the publish-subscribe service. Greene a publish-subscribe service, and execute a device gateway configured for publishing an event respecting to a topic of the publish-subscribe service (Greene [0170] and [0081]). It would have been obvious to one of ordinary skill in the art before the effective filing date to utilize a PSS as in Greene in the system of Moberg and Vaswani to ensure that data is routed to the appropriate user.
As to claim 2, see the discussion of claim 1, additionally, Moberg discloses the system wherein the facility gateway and the medical device are configured to communicate on a TCP/IP-based network (Moberg column 39 lines 54-67).
As to claim 3, see the discussion of claim 1, additionally, Moberg discloses the system wherein the facility gateway application is configured to be a web server of the web service and the medical device is configured to be a client of the web service (Moberg column 39 lines 54-67).
As to claim 4, see the discussion of claim 1, additionally, Moberg discloses the system wherein the facility gateway application is configured to register a topic using a publish-subscribe service (Moberg column 39 lines 54-67).
As to claim 5, see the discussion of claim 1, additionally, Moberg discloses the system further comprising an integration API configured for execution by the facility gateway, wherein the integration API is configured to subscribe to the topic and communicate an event received by the subscription to the topic to an external server (Moberg column 41 lines 14-48).
As to claim 6, see the discussion of claim 5, additionally, Moberg discloses the system wherein the topic is one of a reportable clinical events topic (Moberg column 41 lines 14-48).
As to claim 7, see the discussion of claim 4, additionally, Moberg discloses the system wherein the topic is a reportable biomed event topic and the facility gateway is configured to reformat a device event received via the web service into a reportable biomed event receivable by a subscriber to the topic via a publish-subscribe engine (Moberg column 41 lines 14-48).
As to claim 8, see the discussion of claim 7, additionally, Moberg discloses the system wherein the medical device is configured to communicate the medical device event via the network using the web service (Moberg column 41 lines 14-48).
As to claim 9, see the discussion of claim 4, additionally, Moberg discloses the system wherein the topic is a reportable clinical event topic and the facility gateway is configured to reformat a device event received via the web service into a reportable clinical event receivable by a subscriber to the topic via a publish-subscribe engine (Moberg column 41 lines 14-48).
As to claim 10, see the discussion of claim 9, additionally, Moberg discloses the system wherein the medical device is configured to communicate the medical device event via the network using the web service (Moberg column 41 lines 14-48).
As to claim 11, see the discussion of claim 4, additionally, Moberg discloses the system wherein the topic corresponds to a class of pump events (Moberg claim 1).
As to claim 12, see the discussion of claim 11, additionally, Moberg discloses the system wherein the class of pump events includes one of an infusion event regarding an alarm, alert or notification (Moberg column 30 lines 21-50)
As to claim 13, see the discussion of claim 1, additionally, Moberg discloses the system further comprising a continuous quality improvement listener configured for execution by the facility gateway, wherein:
the continuous quality improvement listener is configured to:
subscribe to a reportable biomed event topic and to a reportable clinical even topic, communicate a reportable biomed event received by the subscription to the reportable biomed event topic to an external database (Moberg column 41 lines 14-48)., and
communicate a reportable clinical event received by the subscription to the reportable clinical event topic to the external database (Moberg column 41 lines 14-48)..
As to claim 14, see the discussion of claim 13, additionally, Moberg discloses the system wherein the external database is configured to record at least one of the reportable biomed event and the reportable clinical event (Moberg column 41 lines 14-48).
As to claim 15, see the discussion of claim 1, additionally, Moberg discloses the system further comprising a device manager configured to be executable on the facility gateway, wherein the medical device manager is configured to maintain the list of devices including the medical device (Moberg column 40 lines 38-49 and column 41 lines 14-35).
As to claim 16, see the discussion of claim 15, additionally, Moberg discloses the system wherein the list of the medical devices includes a list of serial numbers corresponding to the list of devices (Moberg column 40 lines 38-49 and column 41 lines 14-35 where the sensor identifiers are functionally equivalent to a serial number).
As to claim 17, see the discussion of claim 1, additionally, Moberg discloses the system further comprising a monitoring client configured to communicate with the medical device to receive status information therefrom (Moberg column 14-58).
As to claim 28, see the discussion of claim 25, additionally, Moberg discloses the system further comprising wherein the topic is a reportable clinical event topic and the facility gateway is configured to reformat a device event received via the web service into a reportable clinical event receivable by a subscriber to the topic via a publish-subscribe engine (Moberg column 41 lines 14-48).
As to claim 29, see the discussion of claim 25, additionally, Moberg discloses the system further comprising wherein the medical device is configured to communicate the device event via the network using the web service (Moberg column 41 lines 14-48).
As to claim 30, see the discussion of claim 25, additionally, Moberg discloses the system further comprising wherein the topic corresponds to a class of pump events (Moberg claim 1).
As to claim 31, see the discussion of claim 30, additionally, Moberg discloses the system further comprising wherein the class of pump events includes one of an infusion event regarding an alarm, alert or notification (Moberg column 30 lines 21-50)
As to claim 32, see the discussion of claim 25, additionally, Moberg discloses the system further comprising further comprising a medical device manager configured to be executable on the facility gateway, wherein the device manager is configured to and maintain the list of medical devices including the medical device (Moberg column 40 lines 38-49 and column 41 lines 14-35).
As to claim 33, see the discussion of claim 32, additionally, Moberg discloses the system further comprising wherein the list of the medical devices includes a list of serial numbers corresponding to the list of medical devices (Moberg column 40 lines 38-49 and column 41 lines 14-35 where the sensor identifiers are functionally equivalent to a serial number).
As to claim 34, see the discussion of claim 25, additionally, Moberg discloses the system further comprising further comprising a monitoring client configured to communicate with the medical device to receive status information therefrom.
Response to Arguments
Applicants arguments are moot in view of new grounds of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eliza Lam whose telephone number is (571)270-7052. The examiner can normally be reached Monday-Friday 8-4:30PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Choi can be reached on 469-295-9171. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ELIZA A LAM/Primary Examiner, Art Unit 3681
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