DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments filed 07/08/2025 have been fully considered but are not persuasive.
Applicant argues, “… even if the claims were directed to an abstract idea, they provide significantly more by reciting a non-conventional arrangement of components-sensor, first control unit, RAM, communication unit, and smartphone-configured as a directed data transmission pathway”.
Examiner respectfully disagrees.
Regarding the limitations directed to the portable electrocardiograph, Applicants specification disclose “the portable electrocardiograph 10 includes each functional unit of a control unit 101, such as an electrode unit 12, an amplifier unit 102, an analog to digital (AD) conversion unit 103, a timer unit 104, a storage unit 105, a display unit 106, an operation unit 107, a power source unit 108, a communication unit 109, and an analysis unit 110” (fig. 1; [0025]).
As best understood, the limitations directed to the portable electrocardiograph are well-understood, routine, and conventional, as evidenced by the reference below:
Song et al. (US 2013/0005303) is directed to
a portable electrocardiograph (fig. 1 and 2: 100; [0012]) which includes each functional unit of
a control unit (180),
an electrode unit (fig. 9: 171),
an amplifier unit (fig. 20: 223; [0231, 0271]),
an analog to digital (AD) conversion unit (fig. 16: 210; [0231]),
a timer unit ([0264]: noise may be detected on a time axis; [0312-0315]: DC level of an ECG signal is measured for a predetermined time which means there must be a timer),
a storage unit (160),
a display unit (151),
an operation unit (combination of 130 and 140; [0092-0093]),
a power source unit (190),
a communication unit (110), and
an analysis unit ([0255]: portion of 180 which analyzes ECG signal);
RAM [0116],
a smartphone ([0077-0080]: mobile communication module 112 would provide communication to another mobile device; [0072]), and
a touch panel display (130; [0092]).
Thus, none of the claims 1-4 and 7-9 amount to significantly more than the abstract idea itself. Accordingly, claims 1-4 and 7-9 are not patent eligible and rejected under 35 U.S.C. 101 as being directed to abstract ideas in view of the Supreme Court Decision in Alice Corporation Pty. Ltd. v. CLS Bank International, et al., MPEP §2106.04(a)(2), MPEP §2106.04(d)(2),and MPEP §2106.05(g).
Applicant argues, “Applicant's invention as claimed improves the performance of an electrocardiographic waveform system by enabling the system to analyze waveform data and transmit the results of that analysis (DAnalysis) before transmitting the waveform data (Dwaveform). This configuration allows for meaningful analysis to occur without requiring the full dataset to be transmitted first, thereby reducing latency, an important improvement in time-sensitive health monitoring applications. As discussed during the Examiner interview, the invention is fundamentally an information science-based solution with an analysis component motivating the particular configuration, wherein data is processed at one end of the system and then transmitted to a receiving unit.”
Examiner respectfully disagrees. There is nothing in the claims which show how displaying the analysis result information before the corresponding electrocardiographic waveform has been fully transmitted integrates the judicial exception into a practical application. Additionally, displaying analysis result information is directed to an additional element, specifically insignificant extra solution activity since it merely displays the information on a generic computer component.
Additionally, even if the claimed invention provides an improvement, the claimed invention still does not overcome the 35 U.S.C. 101 rejection since claims 1-4 and 7-9 are still directed to abstract ideas and are therefore not patent eligible.
Applicant argues, “On a spectrum from highly analogous to highly non-analogous, Applicant asserts that Dziubinski's invention and Applicant's invention as claimed are closer to non-analogous due to significant differences in scale, architecture, and post-transmission processing, despite some shared functionalities. Dziubinski and Applicant's invention as claimed converge on the goal of health monitoring but diverge in implementation and target audience. Dziubinski's invention, however, is designed for large-scale, multi-user telemedicine with multiple portable monitors and monitoring stations, supporting collaborative analysis and long-term monitoring, as presented by Dziubinski's paragraph [0055]…”
In response to applicant's argument that Dziubinski is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Dziubinski is directed toward a portable monitor [0017] which operates in real-time to continuously generate data signals representative of a patients’ vital signs [0017]. Dziubinski also discloses first sending compressed/reduced data [0088] and then later sending uncompressed/unreduced signals [0090] for verification and more detailed analysis [0090].
Applicant argues, “The focus of Dziubinski's invention on bandwidth-efficient full data transmission (a maximization problem addressed via compression) and tele-consultation does not suggest splitting data types for display timing. No clear motivation exists in Dziubinski to shift from a specialist-driven, data-heavy system to a user-driven, staged-display system, making the combination non-obvious.”
Examiner respectfully disagrees.
Regarding the limitations directed toward splitting data types for display timing, Dziubinski discloses a biological information management system [0005-0006, 0055] comprising:
a portable biological information measurement device (fig. 1: 101; [0044]: portable patients’ monitor) comprising a sensor capable of measuring biological information (vital signs sensor 106; [0090]: uncompressed/unreduced signals fragments are interpreted as biological information since they are the original form of the data; [0044, 0061]),
a first control unit [0044] adapted to analyze the biological information measured by the sensor [0044],
a RAM storage unit (fig. 1: portable patient’s monitor includes RAM; [0044, 0061]) that stores at least one pair of the biological information measured by the sensor (202; [0061]), and
analysis result information ([0087]: “analysis lossy-compressed/bit-reduced/channel-reduced full-disclosure vital signs signals” is interpreted as the analysis result information since it includes processed i.e. reduced data) obtained by analyzing the biological information ([0044]: acquired vital signs signals are compressed/downsized to contain reduced information so they can be transmitted),
the analysis result information configured to be generated by the first control unit analyzing the biological information [0044],
a communication unit (208; [0060-0062]) having a wireless antenna or wired terminal ([0060-0062]: portion of communication settings which transmits data through wireless network; fig. 2: 210 and 208); and
a smartphone (fig. 6: 601; [0101-0102]: transmitting device used for interaction with a user; transmitting device can be a mobile deice such as a cellular phone i.e. smartphone; [0087-0090])
a touch panel display (fig. 6: specialist’s computer station can view vital signs signals and therefore has a display; [0101-0102]: smartphone includes a touch panel display; [0087-0090]), and
a second control unit (fig. 6: apparent that specialist’s computer station would have a control unit i.e. part that provides instructions to communicate, view, and request information; [0087-0090]),
wherein the first control unit is configured to transmit the biological information corresponding to the analysis result information to the smartphone after transmitting the analysis result information stored in the storage unit to the smartphone
([0087-0090]: “Receiving a lossy-compressed and/or bit-reduced and/or channel-reduced full-disclosure signals data representative of patient's vital signs 602 from the portable patient's monitor 608”: portable patient’s monitor 608 transmits reduced signal data i.e. analysis result first to the specialist’s compute station 601, and then additional uncompressed/unreduced signals fragments can be requested by 601 and transmitted from portable patient's monitor 608 for verification and more detailed analysis and signal measurements; fig. 6; [0046]),
the analysis result information configured to be smaller in data size to reduce transmission latency than the corresponding electrocardiographic waveform ([0087-0090]: the lossy-compressed and/or bit-reduced and/or channel-reduced full-disclosure signals data representative of patient's vital signs 602 from the portable patient's monitor 608 is interpreted as being smaller in data size and would reduce transmission latency; fig. 6; [0046]), and
the second control unit is configured to
receive the analysis result information (see above),
the and execute a substantially real-time process [0043, 0055, 0091] of immediately displaying the analysis result information on the touch panel display [0089],
the second control unit further configured to
receive all the biological information corresponding to the analysis result information [0090], and
then display the information on the touch panel display
([0046]: monitoring stations can display uncompressed/unreduced vital signs; [0090]: uncompressed/unreduced signals fragments would need to be displayed if verification and more detailed analysis was desired; [0087-0090]: portable patient’s monitor 608 transmits reduced signal data first to the specialist’s compute station 601, and then additional uncompressed/unreduced signals fragments can be requested by 601 and transmitted from portable patient's monitor 608 for verification and more detailed analysis and signal measurements; fig. 6),
wherein the analysis result information is configured to be displayed before the corresponding biological information has been fully transmitted (fig. 6: the analysis result information is visually reviewed at step 603, and then additional information i.e. the biological information corresponding to the analysis result information can be requested at step 604; [0089-0090]).
Brodnick teaches an analogous portable biological monitoring device [0006],
wherein a biological information measurement device (fig. 3: ECG device 184; [0027]) is a portable electrocardiographic measurement device [0006, 0027], and
biological information is an electrocardiographic waveform [0028].
Brodnick further teaches that ECG is an important tool to diagnose chest pain [0003], and that a portable ECG device could expedite diagnosis and treatment to eliminate unnecessary emergency room visits would be advantageous [0005].
It would have been obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the biological information management system taught by Dziubinski, to provide wherein the portable biological information measurement device is a portable electrocardiographic measurement device, and the biological information is an electrocardiographic waveform, as taught by Brodnick, because doing so would allow for expedited diagnosis and treatment of health conditions that can be detected with a portable ECG device.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-4 and 7-9 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception, specifically an abstract idea without significantly more.
Step 1:
Independent claims 1 and 7 are directed to a electrocardiographic waveform management system and method, respectively. Thus, they are directed to statutory categories of invention.
Step 2A, Prong 1:
Claims 1 and 7 recite the following claim limitations:
“analyze the electrocardiographic waveform measured by the sensor” (mental process- doctor can analyze electrocardiographic waveform measured by the sensor)
“indicate whether there are anomalies in the electrocardiographic waveform obtained by analyzing the electrocardiographic waveform” (mental process – doctor can mentally or with pen and paper determine if there are anomalies in the electrocardiographic waveform after analyzing it).
These limitations, under their broadest reasonable interpretation, cover concepts that can be practically performed in the human mind, i.e., using pen and paper (i.e. mental processes).
Step 2A, Prong 2:
Claim 1 recites the following additional elements:
a portable electrocardiographic measurement device comprising a sensor capable of measuring electrocardiographic waveform,
a first control unit....,
RAM a storage unit that stores at least one pair of the electrocardiographic waveform measured by the sensor…
the analysis result information configured to be generated by the first control unit analyzing the electrocardiographic waveform,
a communication unit having a wireless antenna or wired terminal; and
a smartphone,
a touch panel display, and
a second control unit,
wherein the first control unit is configured to transmit the electrocardiographic waveform corresponding to the analysis result information to the smartphone after transmitting the analysis result information stored in the storage unit to the smartphone,
the analysis result information configured to be smaller in data size to reduce transmission latency than the corresponding electrocardiographic waveform, and
the second control unit configured to
receive the analysis result information,
the and execute a substantially real-time process of immediately displaying the analysis result information on the touch panel display,
the second control unit further configured to
receive all the electrocardiographic waveform corresponding to the analysis result information, and
then display the information on the touch panel display,
wherein the analysis result information is configure to be displayed before the corresponding electrocardiographic waveform has been fully transmitted”.
Claim 7 recites the following additional elements:
“measuring an electrocardiographic waveform by a sensor of the portable electrocardiographic measurement device;
recording, in the portable electrocardiographic measurement device, the electrocardiographic waveform that is measured;
analyzing, by a first control unit of the portable electrocardiographic measurement device, the electrocardiographic waveform that is measured;
transmitting, to the smartphone, an analysis result configured to indicate whether there are anomalies in the electrocardiographic waveform of the analyzed electrocardiographic waveform;
displaying substantially in real time, on the smartphone, the analysis result of the transmitted electrocardiographic waveform before the corresponding electrocardiographic waveform has been fully transmitted;
transmitting, to the smartphone, the recorded electrocardiographic waveform; and
displaying, on the smartphone, the transmitted electrocardiographic waveform after displaying the analysis result.”
The following limitations in claim 1:
“a first control unit...,
a RAM storage unit that stores at least one pair of the electrocardiographic waveform measured by the sensor, and
a communication unit having a wireless antenna or wired terminal; and
a smartphone,
a touch panel display, and
a second control unit,
are merely directed towards a generically recited computer element which does not improve the functioning of a computer, or any other technology or technical field. Furthermore, the above-identified additional element does not add a meaningful limitation to the abstract idea because it amounts to simply implementing the abstract idea on a computer.
Additionally, the following limitations in claim 1:
“a portable electrocardiographic measurement device comprising a sensor capable of measuring electrocardiographic waveform”,
the analysis result information configured to be generated by the first control unit analyzing the electrocardiographic waveform,
wherein the first control unit is configured to transmit the electrocardiographic waveform corresponding to the analysis result information to the smartphone after transmitting the analysis result information stored in the storage unit to the smartphone, and
the analysis result information configured to be smaller in data size to reduce transmission latency than the corresponding electrocardiographic waveform, and
the second control unit configured to
receive the analysis result information, the and
execute a substantially real-time process of immediately displaying the analysis result information on the touch panel display,
the second control unit further configured to receive
all the electrocardiographic waveform corresponding to the analysis result information; and
then display the information on the touch panel display,
wherein the analysis result information is configure to be display before the corresponding electrocardiographic waveform has been fully transmitted,”
and the following limitations in claim 7:
“measuring an electrocardiographic waveform by a sensor of the portable electrocardiographic measurement device;
recording, in the portable electrocardiographic measurement device, the biological information that is measured;
analyzing, by a first control unit of the biological information measurement device, the electrocardiographic waveform that is measured;
transmitting, to the smartphone, an analysis result configured to indicate whether there are anomalies in the electrocardiographic waveform of the analyzed electrocardiographic waveform;
displaying substantially in real time, on the smartphone, the analysis result of the transmitted electrocardiographic waveform before the corresponding electrocardiographic waveform has been fully transmitted;
transmitting, to the smartphone, the recorded electrocardiographic waveform; and
displaying, on the smartphone, the transmitted electrocardiographic waveform, after displaying the analysis result”
are insignificant extra solution activities. Specifically, using the portable electrocardiographic measurement device with a sensor is directed towards pre-solution activity since it collects electrocardiographic waveform that will later be analyzed and displayed (i.e. mere data gathering). Additionally, the limitations regarding displaying the analysis result and the electrocardiographic waveform on the smartphone are directed towards insignificant extra solution activity since they are merely displaying the information (moving data around).
Accordingly, the combination of these additional elements is no more than insignificant extra solution activity and the claims are merely directed to an abstract idea with additional generic computer elements which do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer. Thus, the abstract ideas are not integrated into a practical application.
Step 2B:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception.
As discussed with respect to Step 2A, Prong 2 above, the additional elements in the claim amount to no more than insignificant extra solution activity and applying the exception in a general way, as well as establishing an environment for which data is gathered.
Moreover, implementing an abstract idea on a generic computer, does not add significantly more, similar to how the recitation of the computer in the claim in Alice amounted to mere instructions to apply the abstract idea of intermediated settlement on a generic computer.
Additionally, regarding the limitations directed to the portable electrocardiograph, Applicants specification disclose “the portable electrocardiograph 10 includes each functional unit of a control unit 101, such as an electrode unit 12, an amplifier unit 102, an analog to digital (AD) conversion unit 103, a timer unit 104, a storage unit 105, a display unit 106, an operation unit 107, a power source unit 108, a communication unit 109, and an analysis unit 110” (fig. 1; [0025]).
As best understood, the limitations directed to the portable electrocardiograph are well-understood, routine, and conventional, as evidenced by the reference below:
Song et al. (US 2013/0005303) is directed to
a portable electrocardiograph (fig. 1 and 2: 100; [0012]) which includes each functional unit of
a control unit (180),
an electrode unit (fig. 9: 171),
an amplifier unit (fig. 20: 223; [0231, 0271]),
an analog to digital (AD) conversion unit (fig. 16: 210; [0231]),
a timer unit ([0264]: noise may be detected on a time axis; [0312-0315]: DC level of an ECG signal is measured for a predetermined time which means there must be a timer),
a storage unit (160),
a display unit (151),
an operation unit (combination of 130 and 140; [0092-0093]),
a power source unit (190),
a communication unit (110), and
an analysis unit ([0255]: portion of 180 which analyzes ECG signal);
RAM [0116],
a smartphone ([0077-0080]: mobile communication module 112 would provide communication to another mobile device; [0072]), and
a touch panel display (130; [0092]).
Thus, none of the claims 1-4 and 7-9 amount to significantly more than the abstract idea itself. Accordingly, claims 1-4 and 7-9 are not patent eligible and rejected under 35 U.S.C. 101 as being directed to abstract ideas in view of the Supreme Court Decision in Alice Corporation Pty. Ltd. v. CLS Bank International, et al., MPEP §2106.04(a)(2), MPEP §2106.04(d)(2),and MPEP §2106.05(g).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 4, 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Dziubinski (US 2011/0213620) in view of Brodnick (US 2005/0165319) in view of Host-Madsen (US 9,801,562).
In re claim 1, Dziubinski discloses a biological information management system [0005-0006, 0055] comprising:
a portable biological information measurement device (fig. 1: 101; [0044]: portable patients’ monitor) comprising a sensor capable of measuring biological information (vital signs sensor 106; [0090]: uncompressed/unreduced signals fragments are interpreted as biological information since they are the original form of the data; [0044, 0061]),
a first control unit [0044] adapted to analyze the biological information measured by the sensor [0044],
a RAM storage unit (fig. 1: portable patient’s monitor includes RAM; [0044, 0061]) that stores at least one pair of the biological information measured by the sensor (202; [0061]), and
analysis result information ([0087]: “analysis lossy-compressed/bit-reduced/channel-reduced full-disclosure vital signs signals” is interpreted as the analysis result information since it includes processed i.e. reduced data) obtained by analyzing the biological information ([0044]: acquired vital signs signals are compressed/downsized to contain reduced information so they can be transmitted),
the analysis result information configured to be generated by the first control unit analyzing the biological information [0044],
a communication unit (208; [0060-0062]) having a wireless antenna or wired terminal ([0060-0062]: portion of communication settings which transmits data through wireless network; fig. 2: 210 and 208); and
a smartphone (fig. 6: 601; [0101-0102]: transmitting device used for interaction with a user; transmitting device can be a mobile deice such as a cellular phone i.e. smartphone; [0087-0090])
a touch panel display (fig. 6: specialist’s computer station can view vital signs signals and therefore has a display; [0101-0102]: smartphone includes a touch panel display; [0087-0090]), and
a second control unit (fig. 6: apparent that specialist’s computer station would have a control unit i.e. part that provides instructions to communicate, view, and request information; [0087-0090]),
wherein the first control unit is configured to transmit the biological information corresponding to the analysis result information to the smartphone after transmitting the analysis result information stored in the storage unit to the smartphone
([0087-0090]: “Receiving a lossy-compressed and/or bit-reduced and/or channel-reduced full-disclosure signals data representative of patient's vital signs 602 from the portable patient's monitor 608”: portable patient’s monitor 608 transmits reduced signal data i.e. analysis result first to the specialist’s compute station 601, and then additional uncompressed/unreduced signals fragments can be requested by 601 and transmitted from portable patient's monitor 608 for verification and more detailed analysis and signal measurements; fig. 6; [0046]),
the analysis result information configured to be smaller in data size to reduce transmission latency than the corresponding electrocardiographic waveform ([0087-0090]: the lossy-compressed and/or bit-reduced and/or channel-reduced full-disclosure signals data representative of patient's vital signs 602 from the portable patient's monitor 608 is interpreted as being smaller in data size and would reduce transmission latency; fig. 6; [0046]), and
the second control unit is configured to
receive the analysis result information (see above), the and
execute a substantially real-time process [0043, 0055, 0091] of immediately displaying the analysis result information on the touch panel display [0089],
the second control unit further configured to
receive all the biological information corresponding to the analysis result information [0090], and
then display the information on the touch panel display
([0046]: monitoring stations can display uncompressed/unreduced vital signs; [0090]: uncompressed/unreduced signals fragments would need to be displayed if verification and more detailed analysis was desired; [0087-0090]: portable patient’s monitor 608 transmits reduced signal data first to the specialist’s compute station 601, and then additional uncompressed/unreduced signals fragments can be requested by 601 and transmitted from portable patient's monitor 608 for verification and more detailed analysis and signal measurements; fig. 6),
wherein the analysis result information is configured to be displayed before the corresponding biological information has been fully transmitted (fig. 6: the analysis result information is visually reviewed at step 603, and then additional information i.e. the biological information corresponding to the analysis result information can be requested at step 604; [0089-0090]).
Dziubinski fails to discloses an electrocardiographic waveform management system comprising:
a portable electrocardiographic measurement device comprising a sensor capable of measuring electrocardiographic waveform,
a control unit adapted to analyze the electrocardiographic waveform measured by the sensor,
a RAM storage unit that stores
at least one pair of the electrocardiographic waveform measured by the sensor and
analysis result information adapted to indicate whether there are anomalies in the electrocardiographic waveform obtained by analyzing the electrocardiographic waveform...
the analysis result information configured to be generated by the first control unit analyzing the electrocardiographic waveform,
wherein the first control unit is configured to transmit the electrocardiographic waveform corresponding to the analysis result information…
…the second control unit further configured to receive all the electrocardiographic waveform corresponding to the analysis result information…
wherein the analysis result information is configured to be displayed before the corresponding electrocardiographic waveform has been fully transmitted…
Regarding the limitations “…an electrocardiographic waveform management system comprising:
a portable electrocardiographic measurement device comprising a sensor capable of measuring electrocardiographic waveform,
a control unit adapted to analyze the electrocardiographic waveform measured by the sensor,
… stores
at least one pair of the electrocardiographic waveform measured by the sensor and
…anomalies in the electrocardiographic waveform obtained by analyzing the electrocardiographic waveform...
…transmitting the electrocardiographic waveform…
… receiving all the electrocardiographic waveform…before the corresponding electrocardiographic waveform has been fully transmitted…”,
Brodnick teaches an analogous portable biological monitoring device [0006],
wherein a biological information measurement device (fig. 3: ECG device 184; [0027]) is a portable electrocardiographic measurement device [0006, 0027], and
biological information is an electrocardiographic waveform [0028].
Brodnick further teaches that ECG is an important tool to diagnose chest pain [0003], and that a portable ECG device could expedite diagnosis and treatment to eliminate unnecessary emergency room visits would be advantageous [0005].
It would have been obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the biological information management system taught by Dziubinski, to provide wherein the portable biological information measurement device is a portable electrocardiographic measurement device, and the biological information is an electrocardiographic waveform, as taught by Brodnick, because doing so would allow for expedited diagnosis and treatment of health conditions that can be detected with a portable ECG device.
Regarding the limitations
“analysis result information adapted to indicate whether there are anomalies in the electrocardiographic waveform obtained by analyzing the electrocardiographic waveform” and
“the analysis result information configured to be generated by the first control unit analyzing the electrocardiographic waveform”,
Host Madsen teaches
a cardiac monitoring device (fig. 1A: 100) that displays sensed heart information (Col. 10, lines 27-47), and
electrocardiographic waveform (Col. 8, lines 12-22: raw form of cardiac activity data i.e. ECG waveform data),
wherein analysis result information (Col. 8, lines 27-32: analyzed logged data) is adapted to indicate whether there are anomalies in the electrocardiographic waveform obtained by analyzing the electrocardiographic waveform (Col. 8, lines 18-32: raw data can be processed for atypical or anomalous segments) and
the analysis result information is configured to be generated by a first control unit (fig. 1C: combination of 138 and 144; Col. 12, lines 4-15; Col. 12, lines 22-27) analyzing the electrocardiographic waveform (Col. 12, lines 22-27: cardiac activity data is analyzed; Col. 8, lines 12-22).
Host Madsen further teaches that the detected anomalies can be considered potential indicators of cardiac disease (Col. 8, lines 27-32, Col. 8, lines 38-45).
It would have been obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the electrocardiographic waveform management system yielded by the proposed combination, to provide wherein the analysis result information is adapted to indicate whether there are anomalies in the electrocardiographic waveform obtained by analyzing the electrocardiographic waveform and wherein the analysis result information configured to be generated by the first control unit analyzing the electrocardiographic waveform, as taught by Host Madsen, because the detected anomalies can be considered potential indicators of cardiac disease.
In re claim 4, the proposed combination yields (all mapping directed to Dziubinski unless otherwise stated) wherein the analysis result information is transmitted and received in a streaming manner ([0044]: real-time analysis and continuous transmission of the compressed/downsized vital signal is interpreted as the analysis result information being transmitted and received in a streaming manner; [0055-0056]).
In re claim 7, regarding the limitations “an electrocardiographic waveform management method using a portable electrocardiographic measurement device and a smartphone, the method comprising:
measuring an electrocardiographic waveform by a sensor of the portable electrocardiographic measurement device;
recording, in the portable electrocardiographic measurement device, the electrocardiographic waveform that is measured;
analyzing, by a first control unit of the portable electrocardiographic measurement device, the
transmitting, to the smartphone, an analysis result configured to indicate whether there are anomalies in the electrocardiographic waveform of the analyzed electrocardiographic waveform;
displaying substantially in real time, on the smartphone, the analysis result of the transmitted electrocardiographic waveform before the corresponding electrocardiographic waveform has been fully transmitted;
transmitting, to the
displaying, on the smartphone, the transmitted electrocardiographic waveform, after displaying the analysis result”
see the proposed combination yielded in re claim 1 above.
In re claim 8, regarding the limitations, “including executing the transmission and the analysis result display by transmission and reception of information by a streaming manner”, see in re claim 4 above.
Claims 2-3 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Dziubinski (US 2011/0213620) in view of Brodnick (US 2005/0165319) in view of Host-Madsen (US 9,801,562) in view of Cronin et al. (US 2017/0339255)
In re claim 2, the proposed combination yields wherein the portable electrocardiographic measurement device (see in re claim 1 above as yielded by the proposed combination) further includes a panel display (Dziubinski: [0101]: computers may have a display device that can receive tactile input) that displays the analysis result information (Dziubinski: [0006, 0046]).
The proposed combination fails to yield wherein the portable electrocardiographic measurement device further includes a touch panel display that displays the analysis result information.
Cronin teaches an analogous biological sensing device [0002, 0008], wherein a biological information measurement device (fig. 1: wearable device 110; [0002-0003]) further includes a touch panel display (114) that displays analysis result information ([0048]: analysis result information is a relative match found between calculated parameters and an entry in storage 113, which is viewed on display 114).
Cronin further teaches that the touchscreen display may allow the user to provide input in a way where the user may be able to select, input, and modify information displayed [0046]. Cronin additionally teaches that the touch screens may have capacitive touch capabilities for users to interact with through touch [0073].
It would have been obvious to someone of ordinary skill in the art at the time the instant
invention was filed to modify the electrocardiographic waveform management system yielded by the proposed combination, to provide wherein the portable electrocardiographic measurement device further includes a touch panel display that displays the analysis result information, as taught by Cronin, because doing so will allow the user to provide input in a way where they can select, input, and modify information displayed through touch.
In re claim 3, the proposed combination yields wherein the touch panel display of the portable electrocardiographic measurement device (see in re claim 2 above) is an LCD display light (Dziubinski: [0101]).
The proposed combination fails to explicitly yield wherein the touch panel display of the portable electrocardiographic measurement device is an LED display light.
Cronin teaches wherein the touch panel display (fig. 1: 114) of the biological information measurement device (wearable device 110; [0002-0003]) is an LED display light [0046].
Cronin further teaches that the display can be implemented using various technologies such as LED, LCD, or event TFT display [0046].
It would have been obvious to someone of ordinary skill in the art at the time the instant invention was filed to modify the electrocardiographic waveform management system yielded by the proposed combination, to provide wherein the touch panel display of the portable electrocardiographic measurement device is an LED display light, as taught by the biological information measurement device of Cronin, because one could have chosen an LED display light instead of the LCD display light.
In re claim 9, regarding the limitations, “displaying a measurement-side analysis result in the portable electrocardiographic measurement device”, see in re claim 2.
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.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUMAISA R BAIG whose telephone number is (571)270-0175. The examiner can normally be reached Mon-Fri: 8am- 5pm.
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/RUMAISA RASHID BAIG/Examiner, Art Unit 3796
/William J Levicky/Primary Examiner, Art Unit 3796