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 .
Priority
Acknowledgment is made of applicant’s claim for Foreign Priority to Application No. (AU2019901626) filed on the May 13, 2019.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 05, 2026 has been entered.
Response to Amendment
This office action is responsive to the amendment filed as February 05, 2026. As directed by the amendment: claims 1, 13, and 24 have been amended, no claims have been canceled, and no claims have been added. Thus, claims 1-27 are presently pending in the application.
Response to Arguments
Applicant argues on page 7-8 of the remarks that the 103-rejection of Krensky in view of Penha of claim 1 should be withdrawn. However, Applicant amended the claim to add new limitation “the pre-selection indication being displayed within the displayed subset of the list of items”, that was not previously considered. Applicant has amended the claims and a new 103 rejection stated below addresses the new limitations of the claims.
Applicant’s arguments with respect to claim(s) independent claims 13 and 24 have been considered and Examiner has the same response as provided in the arguments above.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claim(s) 1-3, 11, 13-15, 22, 24-25, and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Krensky et al. (US 20030218623 A1), hereafter as Krensky in view of Chew et al. (US 20040001105 A1), hereafter as Chew and Dascola et al. (US 20160062570 A1), hereafter as Dascola.
Regrading Claim 1, Krensky discloses a user interface (Figs. 30A-30M) for a medical therapy device, the user interface comprising: a touchscreen (touchscreen 42; Fig. 2, 4A; para. 0085, 0091, 0112) configured to display a subset of a list of items (shown in Fig. 30J; Examiner notes; there is a display of subset of list “625’), each item representing a parameter to operate the medical therapy device (Fig. 30J), wherein one item in the displayed subset is associated with a pre-selection indication (highlighted area 626; Fig. 30J; para. 0340-0345), and a dial (adjustment knob 122; Fig. 3B; para. 0341, 0344) configured to be rotated, wherein the pre-selection indication moves from an item to an adjacent item on the displayed subset in response to a rotation of the dial by a predetermined angular increment (See Figs. 30J-K para. 0341-0345),
Krensky does not specifically disclose the pre-selection indication being displayed within the displayed subset of the list of items, wherein the pre-selection indication moves from an item to an adjacent item on the displayed subset in response to a rotation of the dial by a predetermined angular increment, wherein in response to a swipe gesture on the touchscreen: the displayed subset scrolls through the list, and the pre-selection indication pushes against a boundary of the touchscreen in the direction of the swipe gesture such that the item associated with the pre-selection indication remains part of the displayed subset.
However, Chew teaches the pre-selection indication (shaded square in Figure 5A-5D) being displayed within the displayed subset of the list of items (Fig. 5A-5D; solid square 540.sub.A-540.sub.E), wherein the pre-selection indication moves (shaded square in Figs. 5A-5D) from an item to an adjacent item (throughout Figs. 5A-5D) on the displayed subset in response to a directional button (para. 0007) by a predetermined angular increment (para. 0037, 0040-0044); the displayed subset scrolls through the list (Figs. 5A-5D, 540.sub.A-540.sub.E is able to scroll through the list; para. 0033 Examiner notes: that the controls can be touch sensitive), and the pre-selection indication (shaded square in Figs. 5A-5D) pushes against a boundary of the screen (510) in the direction of the controlled gesture such that the item associated with the pre-selection indication remains part of the displayed subset (Figs. 5A-5D; para. 0033, 0041—0044, 0046).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the how the parameters are displayed with the control of dial of Krensky to include the idea of the pre-selection indication being displayed within the displayed subset of the list of items, wherein the pre-selection indication moves from an item to an adjacent item on the displayed subset in response to a rotation of the dial by a predetermined angular increment as taught by Chew for the purpose of on a computing device that significantly reduces the average time required to locate and select a desired command of the device and also may be used to change the highlighted, pending selection. (para. 0006). The combination of hardware button chording and the two-dimensional arrangement and selection of commands facilitates the rapid and simple menu selection of a large menu command set (para. 0007).
Modified Krensky does not specifically disclose wherein in response to a swipe gesture on the touchscreen that the displayed subset scrolls through the list, and the pre-selection indication pushes against a boundary of the touchscreen in the direction of the swipe gesture such that the item associated with the pre-selection indication remains part of the displayed subset.
However, Dascola teaches wherein in response to a swipe gesture on the touchscreen (Fig. 8; 504) that the displayed scrolls through the list (para. 0228).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the display and the subset list arrangement of Modified Krensky to include the ability to scroll "upward" or "downward" against boundary varies depending upon the displacement of the finger of the user with respect to a point of origin and scroll through a list as taught by Dascola for the purpose of being able to scroll quickly or slowly and easily able to determine what is needed to be selected with the ability to continues to provide a visible separation between different parameters (para. 0228).
Regarding Claim 2, Modified Krensky discloses the user interface of claim 1, wherein the pre-selection indication (shaded square in Figs. 5A-5D; Chew/ Fig. 30J; Krensky) pushes against an upper boundary of the touchscreen (Fig. 8; 504; Dascola) in response to an upward swipe gesture (Fig. 8; 228; Dascola).
Regarding Claim 3, Modified Krensky discloses the user interface of claim 1, wherein the pre- selection indication pushes (shaded square in Figs. 5A-5D; Chew/ Fig. 30J; Krensky) against the lower boundary of the touchscreen (Fig. 8; 504; Dascola) in response to a downward swipe gesture (para. 0228; Dascola).
Regarding Claim 11, Modified Krensky discloses the user interface of claim 1, wherein an operation of the pre-selection indication (shaded square in Figs. 5A-5D; Chew/ Fig. 30J; Krensky) permits inputting a control parameter used for controlling operation of the medical therapy device (Figs. 30J-30M; para. 0082-0087; Krensky).
Regrading Claim 13, Krensky discloses a medical therapy device (Fig. 3A-3B) comprising: a user interface, the user interface comprising a touchscreen (touchscreen 42; Fig. 2, 4A; para. 0085, 0091, 0112) and a dial (adjustment knob 122; Fig. 3B; para. 0341, 0344); and a controller (controller 30; Fig. 2; para. 0083-0098) coupled with the user interface (Fig. 2), and configured to control a therapy operation of the medical therapy device (para. 0082-0087); the controller configured to: control generation of a display area on the touchscreen (Fig. 3B, 30J-M; para. 0085), the display area comprising a subset of a list of items (see Fig. 30J), the items representing respective parameters for the controller to operate the medical therapy device (Fig. 30J), the display area comprising a pre-selection indication (highlighted area 626; Fig. 30J; para. 0340-0345) in a display association showing selection of an item of the subset (Fig. 30J-M); detect rotation of the dial, and in response thereto, modify the display area to adjust the association of the pre-selection indication to another item in the display area (para. 0341-0344);
Krensky does not disclose that the medical therapy device is able display the pre-selection indication being displayed within the displayed subset of the list of items; detect rotation of the dial, and in response thereto, modify the display area to adjust the association of the pre-selection indication to another item in the display area; and detect a swipe gesture on the touchscreen and in response thereto, modify the display area to scroll items of the subset while constraining scrolling of the pre-selection indication at a boundary of the display area to show, with the pre-selection indication, a change of selection of the pre-selection indication to another item of the subset.
However, Chew teaches a device can display the pre-selection indication (shaded square in Figure 5A-5D) being displayed within the displayed subset of the list of items (Fig. 5A-5D; solid square 540.sub.A-540.sub.E), detect directional button and in response thereto, modify the display area to adjust the association of the pre-selection indication to another item in the display area(throughout Figs. 5A-5D; 0007; 0037, 0040-0044); modify the display area to scroll items of the subset show (Figs. 5A-5D, 540.sub.A-540.sub.E is able to scroll through the list; para. 0033 Examiner notes: that the controls can be touch sensitive) while constraining scrolling of the pre-selection indication (shaded square in Figs. 5A-5D) at a boundary of the display area (510) to show with the pre-selection indication (shaded square in Figs. 5A-5D) change of selection of the pre-selection indication to another item of the subset (Figs. 5A-5D; para. 0033, 0041—0044, 0046).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the how the parameters are displayed with the control of dial of Krensky to include the idea of the display area comprising a pre-selection indication in a display association showing selection of an item of the subset, the pre-selection indication being displayed within the displayed subset of the list of items and modify the display area to adjust the association of the pre-selection indication to another item in the display areas and modify the display area to scroll items of the subset while constraining scrolling of the pre-selection indication at a boundary of the display area to show, with the pre-selection indication, a change of selection of the pre-selection indication to another item of the subset taught by Chew for the purpose of on a computing device that significantly reduces the average time required to locate and select a desired command of the device and also may be used to change the highlighted, pending selection. (para. 0006). The combination of hardware button chording and the two-dimensional arrangement and selection of commands facilitates the rapid and simple menu selection of a large menu command set (para. 0007).
Modified Krensky does not specifically disclose detect a swipe gesture on the touchscreen and in response thereto, modify the display area to scroll items of the subset while constraining scrolling of the pre-selection indication at a boundary of the display area to show.
However, Dascola teaches wherein in response detect a swipe gesture on the touchscreen (Fig. 8; 504) and in response thereto, modify the display area to scroll items of the list while constraining scrolling of the pre-selection indication at a boundary of the display area to show (para. 0228).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the display and the subset list arrangement of Modified Krensky to include the ability to scroll "upward" or "downward" against boundary varies depending upon the displacement of the finger of the user with respect to a point of origin and scroll through a list as taught by Dascola for the purpose of being able to scroll quickly or slowly and easily able to determine what is needed to be selected with the ability to continues to provide a visible separation between different parameters (para. 0228).
Regarding Claim 14, Modified Krensky discloses the medical therapy device of claim 13, wherein the controller (controller 30; Fig. 2; para. 0083-0098: Krensky) is further configured to, in response to the detection of the swipe gesture (Fig. 8; 504; Dascola), scroll the pre-selection indication(shaded square in Figs. 5A-5D; Chew/ Fig. 30J; Krensky) in association with an item of the subset (Figs. 5A-5D, 540.sub.A-540.sub.E; Chew).
Regarding Claim 15, Modified Krensky discloses the medical therapy device of claim 13, the controller (controller 30; Fig. 2; para. 0083-0098; Krensky) is further configured to, in response to the detection of the swipe gesture (Fig. 8; 504; Dascola) adjust the association of the pre-selection indication (shaded square in Figs. 5A-5D; Chew/ Fig. 30J; Krensky) to another item of the subset at the boundary of the display area (Figs. 5A-5D, 540.sub.A-540.sub.E; Chew).
Regarding Claim 22, Modified Krensky discloses the medical therapy device of claim 13, wherein the controller (controller 30; Fig. 2; para. 0083-0098; Krensky) is further configured to control an operation of the medical therapy device (Fig. 2; Krensky) based on an operation of the pre-selection indication (shaded square in Figs. 5A-5D; Chew/ Fig. 30J; Krensky) that permits an input of at least one data value for at least one parameter represented by at least one of the items (30J-M; para. 0340-0344).
Regarding Claim 24, Krensky discloses a method of a controller (highlighted area 626; Fig. 30J; para. 0340-0345) for operating a medical therapy device (system 10; Fig. 1; para. 0202) with a user interface comprising: controlling generation of a display area on a touchscreen(touchscreen 42; Fig. 2, 4A; para. 0085, 0091, 0112) of the medical device, the display area comprising a subset of a list of items (see Fig. 30J), each item representing a parameter for the controller to operate the medical therapy device (Fig. 30J), the display area comprising a pre-selection indication (highlighted area 626; Fig. 30J; para. 0340-0345) in a display association showing selection of an item of the subset; detecting rotation of a dial, and in response thereto, modifying the display area to adjust the association of the pre-selection indication to another item in the display area (para. 0341-0344); and controlling a therapy operation of the medical therapy device(Fig. 1-2; 30J-30M; para. 0340-0345).
Krensky does not disclose that the method of the medical therapy device displays the pre-selection indication being displayed within the displayed subset of the list of items; modifying the display area to adjust the association of the pre-selection indication to another item in the display area, detecting a swipe gesture on the touchscreen and in response thereto, modifying the display area to scroll items of the subset while constraining scrolling of the pre-selection indication at a boundary of the display area to show, with the pre-selection indication, a change of selection of the pre-selection indication to another item of the subset; and controlling a therapy operation of the medical therapy device.
However, Chew teaches the method of the medical therapy device displays the pre-selection indication (shaded square in Figure 5A-5D) being displayed within the displayed subset of the list of items (Fig. 5A-5D; solid square 540.sub.A-540.sub.E); modifying the display area to adjust the association of the pre-selection indication to another item in the display area (throughout Figs. 5A-5D; 0007; 0037, 0040-0044), modifying the display area (510) to scroll items of the subset (Fig. 5A-5D; solid square 540.sub.A-540.sub.E) while constraining scrolling of the pre-selection indication at a boundary of the display area to show (Fig. 5A-5D; solid square 540.sub.A-540.sub.E), with the pre-selection indication, a change of selection of the pre-selection indication to another item of the subset;
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the how the parameters are displayed with the control of dial of Krensky to include the idea of the display area comprising a pre-selection indication in a display association showing selection of an item of the subset, the pre-selection indication being displayed within the displayed subset of the list of items and modify the display area to adjust the association of the pre-selection indication to another item in the display areas and modify the display area to scroll items of the subset while constraining scrolling of the pre-selection indication at a boundary of the display area to show, with the pre-selection indication, a change of selection of the pre-selection indication to another item of the subset taught by Chew for the purpose of on a computing device that significantly reduces the average time required to locate and select a desired command of the device and also may be used to change the highlighted, pending selection. (para. 0006). The combination of hardware button chording and the two-dimensional arrangement and selection of commands facilitates the rapid and simple menu selection of a large menu command set (para. 0007).
Modified Krensky does not specifically disclose detecting a swipe gesture on the touchscreen and in response thereto, modify the display area to scroll items of the subset while constraining scrolling of the pre-selection indication at a boundary of the display area to show.
However, Dascola teaches wherein in response detect a swipe gesture on the touchscreen (Fig. 8; 504) and in response thereto, modify the display area to scroll items of the list while constraining scrolling of the pre-selection indication at a boundary of the display area to show (para. 0228).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the display and the subset list arrangement of Modified Krensky to include the ability to scroll "upward" or "downward" against boundary varies depending upon the displacement of the finger of the user with respect to a point of origin and scroll through a list as taught by Dascola for the purpose of being able to scroll quickly or slowly and easily able to determine what is needed to be selected with the ability to continues to provide a visible separation between different parameters (para. 0228).
Regarding Claim 25, Modified Krensky discloses the method of claim 24, further comprising controlling the therapy operation (system 600; Fig. 29-30M; para. 0039, 0341, 0344, 0346-0349) of the medical therapy device based on an operation of the pre-selection indication (shaded square in Figs. 5A-5D; Chew/ Fig. 30J; Krensky) that permits an input of at least one data value for at least one parameter represented by at least one of the items (Figs. 30J-30M; para. 0341-0345; Krensky).
Regarding Claim 27, Modified Krensky a computer-readable medium having encoded thereon processor (controller 30; Figs. 1-2; para. 0083; Krensky) control instructions that when executed by a controller of medical therapy device cause the controller to perform the method of claim 24 (para 0083; Examiner notes: Krensky teaches that the controller has many processors that is used to control the system).
Claim(s) 4-9, 12, 16-20, 23, and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Krensky, Chew and Dascola, as applied to claims 1, 11, 13, 22 and 25, in further view of Feldhahn et al. (US 20160202890 A1), hereafter as Feldhahn.
Regarding Claim 4, Modified Krensky discloses the user interface of claim 1,
Modified Krensky does not specifically disclose wherein the dial is a button dial.
However, Feldhahn teaches wherein the dial is a button dial (rotary pushbutton 81; Fig. 13-14; para. 0106-0107).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the dial of Krensky to include that it is a button dial as taught by Feldhahn for the purpose of being used for fine adjustments owing to the haptics or better operability and being able to select values (para. 0106-0107).
Regarding Claim 5, Modified Krensky discloses the user interface of claim 4, further comprising, in response to a press of the button dial (rotary pushbutton 81; Fig. 13-14; para. 0106-0107; Feldhahn), selecting the item associated with the pre-selection indication (shaded square in Figs. 5A-5D; Chew/ Fig. 30J; Krensky) to allow editing of a value associated with the parameter represented by the selected item (para. 0106-0107; Examiner notes: Feldhahn teaches that you are about make adjustments and select values with the button dial).
Regarding Claim 6, Modified Krensky discloses the user interface of claim 5, wherein the editing (Fig. 30J; Krensky) comprises responding to a rotation of the button dial (rotary pushbutton 81; Fig. 13-14; para. 0106-0107; Feldhahn).
Regarding Claim 7, Modified Krensky discloses the user interface of claim 5, wherein in response to a touch of the selected item on the touchscreen (Fig. 8; 804; Dascola) the selected item reverts to the item associated with the pre-selection indication (shaded square in Figs. 5A-5D; Chew/ Fig. 30J; Krensky) and the value associated with the parameter represented by the selected item remains unchanged.
Modified Krensky does not specifically teach the selected item reverts to the item associated with the pre-selection indication and the value associated with the parameter represented by the selected item remains unchanged.
However, the Modified Krensky device teaches the idea of being able to select items on a touch screen with a response to touch in Fig. 8; 504 in Dascola and that values can be selected and deselected and value will stay the same.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the touchscreen of Modified Krensky to the selected item reverts to the item associated with the pre-selection indication and the value associated with the parameter represented by the selected item remains unchanged for the purpose of being able to select and deselect and item by touch so the therapy can be given to the patient associated with the selected or preselected entry.
Regarding Claim 8, Modified Krensky discloses the user interface of claim 5, further comprising, in response to a touch (Fig. 8; 504; para. 0228; Examiner notes: Dascola teaches the response to touch on the touchscreen) of an item in the displayed subset (Figs. 5A-5D, 540.sub.A-540.sub.E; Chew; Parameters of Krensky Fig. 30J) other than the selected item (shaded square in Figs. 5A-5D; Chew/ Fig. 30J; Krensky) on the touchscreen (Fig. 8; 504; Dascola),
Modified Krensky does not specifically disclose the device selecting the touched item to allow editing of a value associated with the parameter represented by the touched item.
However, Modified Krensky teaches there is a touch screen (42; and Fig. 504; Dascola) that enables the patient or operator to input medical treatment or dialysis information into the controller.
Therefore, Modified Krensky is considered to be in field of touchscreens and editing data. Due to an absence of the limitations of the in response to a touch of an item in the displayed subset, it would be obvious to one of ordinary skill in the art, assuming the broadest interpretation of both the prior art and the instant claim, that “touch screen” of an item would reasonably encompass the absent limitation of the touch of the item can be used to allow editing of a value associated. One would be motivated to use the touchscreen to be about to edit the parameter so the patient can adjust the treatment to the most comfortable settings (para. 0085).
Regarding Claim 9, Modified Krensky discloses the user interface of claim 8,
Modified Krensky does not specifically disclose wherein editing of the value associated with the parameter represented by the touched item leaves the value associated with the parameter represented by the item associated with the pre-selection indication unchanged.
However, Modified Krensky does teach the idea of a touch screen (42; and Fig. 504; Dascola) being able to editing of the value associated with the parameter represented by the touched item leaves the value associated with the parameter represented by the item associated with the pre-selection indication unchanged.
Therefore, Modified Krensky is considered to be in field of touchscreens and editing data. Due to an absence of the limitations of the in response to a touch of an item in the displayed subset by editing of the value associated with the parameter represented by the touched item leaves the value associated with the parameter represented by the item associated with the pre-selection indication unchanged, it would be obvious to one of ordinary skill in the art, assuming the broadest interpretation of both the prior art and the instant claim, that “touch screen” of an item would reasonably encompass the absent limitation of the touch of the item can be used to allow editing of a value associated and not editing something else that is displayed on the screen within the subset and pre-indication. One would be motivated to editing a value associated with a first parameter through interaction with an item representing that parameter that does not require modification of a value associated with a different parameters the pre-selected on the touchscreen. This is typical user interface implementations; parameters corresponding device settings are maintained; so that the certain parameter a patient can adjust the treatment to the most comfortable settings without another parameter being changed (para. 0085).
Regarding Claim 12, Modified Krensky discloses the user interface of claim 11, wherein the control parameter is applied by the medical therapy device (Fig. 30A-30M; para. 0330-0333 Krensky)
Modified Krensky does not disclose operation of a pressure generator to generate a respiratory therapy.
However, Feldhahn teaches a pressure generator (breathing apparatus 19; Fig. 1; para. 0005-0010, 0037-0039) generate a respiratory therapy (information system 3 and display 13; Fig. 1-2; para. 0030 0036-0037, 0039, 0109-0112).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the control device of Krensky to be used in a medical device that includes operation of a pressure generator to generate a respiratory therapy as taught by Feldhahn because Feldhahn teaches the device can be controlled with a touch-sensitive graphical display for the purpose of determining a respiratory gas pressure for each breathing cycle on the basis of a predetermined value for the patient and/or on the basis of measurement signals for the pressure and/or flow and/or volume parameters and regulates the respiratory gas source in such a manner that the respiratory gas pressure is produced (para. 0035-0037). Thus, substituting one known touch-sensitive graphical display for another for the purposes of controlling the medical device is within the skill of the art.
Regarding Claim 16, Modified Krensky discloses the medical therapy device of claim 13,
Modified Krensky does not specifically disclose wherein the dial is a button dial.
However, Feldhahn teaches wherein the dial is a button dial (rotary pushbutton 81; Fig. 13-14; para. 0106-0107).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the dial of Krensky to include that it is a button dial as taught by Feldhahn for the purpose of being used for fine adjustments owing to the haptics or better operability and being able to select values (para. 0106-0107).
Regarding Claim 17, Modified Krensky discloses the medical therapy device of claim 16, wherein the controller (controller 30; Fig. 2; para. 0083-0098; Krensky) is further configured to detect a press of the button dial (rotary pushbutton 81; Fig. 13-14; para. 0106-0107; Feldhahn), and in response thereto, select the item in association with the pre-selection indication to enable an edit operation on a data value for the parameter represented by the selected item (para. 0106-0107; Feldhahn).
Regarding Claim 18, Modified Krensky discloses the medical therapy device of claim 17, wherein the controller (controller 30; Fig. 2; para. 0083-0098; Krensky) is further configured to edit the data value in further response to detection of rotation of the button dial (para. 0106, 0107; Feldhahn).
Regarding Claim 19, Modified Krensky discloses the medical therapy device of claim 17, wherein the controller (controller 30; Fig. 2; para. 0083-0098; Krensky), is further configured to, in response to detection of a touch of the selected item on the touchscreen (Fig. 8; 504; Dascola)
Modified Krensky does not specifically teach revert the selected item to the item associated with the pre-selection indication and abort a change to the data value associated with the parameter represented by the selected item.
However, the Modified Krensky device teaches the idea of being able to select items on a touch screen with a response to touch in Fig. 8; 504 in Dascola and that values can be selected and deselected and value will stay the same.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the touchscreen of Modified Krensky to the selected item reverts to the item associated with the pre-selection indication and the value associated with the parameter represented by the selected item remains unchanged for the purpose of being able to select and deselect and item by touch so the therapy can be given to the patient associated with the selected or preselected entry.
Regarding Claim 20, Modified Krensky discloses the medical therapy device of claim 17, wherein the controller (controller 30; Fig. 2; para. 0083-0098; Krensky) is further configured to, in response to a touch in response to detection of a touch on the touchscreen (Fig. 8; 504; para. 0228; Examiner notes: Dascola teaches the response to touch on the touchscreen) of an item in the displayed area ((Figs. 5A-5D, 540.sub.A-540.sub.E; Chew; parameter of Krensky Fig. 30J) other than the pre-selection indication (shaded square in Figs. 5A-5D; Chew/ Fig. 30J; Krensky) on the touchscreen (Fig. 8; 504; Dascola),
Modified Krensky does not specifically disclose the device selecting the touched item to allow editing of a value associated with the parameter represented by the touched item.
However, Modified Krensky teaches there is a touch screen (42) that enables the patient or operator to input medical treatment or dialysis information into the controller.
Therefore, Modified Krensky is considered to be in field of touchscreens and editing data. Due to an absence of the limitations of the in response to a touch of an item in the displayed subset, it would be obvious to one of ordinary skill in the art, assuming the broadest interpretation of both the prior art and the instant claim, that “touch screen” of an item would reasonably encompass the absent limitation of the touch of the item can be used to allow editing of a value associated. One would be motivated to use the touchscreen to be about to edit the parameter so the patient can adjust the treatment to the most comfortable settings (para. 0085).
Regarding Claim 23, Modified Krensky discloses the medical therapy device of claim 22,
Modified Krensky does not disclose controlling a pressure generator by applying the at least one data value as a setting for operation of the pressure generator to generate a respiratory therapy.
However, Feldhahn teaches controlling (control unit 19; Fig. 19; para. 0035-0037, 0041-0049) a pressure generator (breathing apparatus 19; Fig. 1; para. 0005-0010, 0037-0039), by applying the at least one data value as a setting for operation of the pressure generator to generate a respiratory therapy (information system 3 and display 13; Fig. 1-2; para. 0030 0036-0037, 0039, 0109-0112).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the control device of Krensky to be used in a medical device that includes operation of a pressure generator to generate a respiratory therapy as taught by Feldhahn because Feldhahn teaches the device can be controlled with a touch-sensitive graphical display for the purpose of determining a respiratory gas pressure for each breathing cycle on the basis of a predetermined value for the patient and/or on the basis of measurement signals for the pressure and/or flow and/or volume parameters and regulates the respiratory gas source in such a manner that the respiratory gas pressure is produced (para. 0035-0037). Thus, substituting one known touch-sensitive graphical display for another for the purposes of controlling the medical device is within the skill of the art.
Regarding Claim 26, Modified Krensky discloses the method of claim 25, wherein the therapy operation (system 600; Fig. 29-30M; para. 000039, 0341, 0344, 0346-0349; Examiner notes: Krenshy teaches that “625” are different parameters that are used for different therapies, one can set a setting or parameter to generate the therapy needed).
Modified Krensky does not disclose controlling a pressure generator by applying the at least one data value as a setting for operation of the pressure generator to generate a respiratory therapy.
However, Feldhahn teaches controlling a pressure generator (breathing apparatus 19; Fig. 1; para. 0005-0010, 0037-0039), by applying the at least one data value as a setting for operation of the pressure generator to generate a respiratory therapy (information system 3 and display 13; Fig. 1-2; para. 0030 0036-0037, 0039, 0109-0112).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the control device of Krensky to be used in a medical device that includes operation of a pressure generator to generate a respiratory therapy as taught by Feldhahn because Feldhahn teaches the device can be controlled with a touch-sensitive graphical display for the purpose of determining a respiratory gas pressure for each breathing cycle on the basis of a predetermined value for the patient and/or on the basis of measurement signals for the pressure and/or flow and/or volume parameters and regulates the respiratory gas source in such a manner that the respiratory gas pressure is produced (para. 0035-0037). Thus, substituting one known touch-sensitive graphical display for another for the purposes of controlling the medical device is within the skill of the art.
Claim(s) 10 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Krensky, Chew, Dascola, and Feldhahn, as applied to claim 5 and 17, in further view of Kolletzki (EP 1637976 A1).
Regarding Claim 10, Modified Krensky discloses the user interface of claim 5,
Modified Krensky does not specifically disclose the user interface further comprising, in response to the press of the button dial, disabling swipe gestures on the touchscreen until the value editing is complete.
However, Kolletzki teaches the user interface further comprising, in response to the press of the button dial (button 120; Fig. 1; para. 0040-0042), disabling swipe gestures on the touchscreen (para. 0041).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the touchscreen Krensky to include the in response to the press of the button dial, disabling swipe gestures on the touchscreen as taught by Kolletzki for the purpose of certain messages are not displayed anymore (para. 0041).
Regarding Claim 21, Modified Krensky discloses the medical therapy device of claim 17, wherein the controller (controller 30; Fig. 2; para. 0083-0098; Krensky) .
Modified Krensky does not specifically disclose the user interface further comprising, in response to the press of the button dial, disabling swipe gestures on the touchscreen until the value editing is complete.
However, Kolletzki teaches the user interface further comprising, in response to the press of the button dial (button 120; Fig. 1; para. 0040-0042), disabling swipe gestures on the touchscreen (para. 0041).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the touchscreen Krensky to include the in response to the press of the button dial, disabling swipe gestures on the touchscreen as taught by Kolletzki for the purpose of certain messages are not displayed anymore (para. 0041).
Conclusion
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/MAAP ELLABIB/Examiner, Art Unit 3785
/KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785