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 .
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Payton et al. (2018/0126110).
Regarding claim 1, Payton discloses an arrangement to deliver supplemental oxygen to a patient, the arrangement comprising: a source (124) of supplemental oxygen; an outlet station including at least one valve (126, 130) fluidly coupled to the supplemental oxygen source and configured to permit flow of supplemental oxygen therethrough ([0267]), a sensor (120) directly attachable to the patient and configured to provide a signal indicative of a measured blood oxygen saturation level of the patient ([0270] lines 1-10); and an automated oxygen monitoring system (108) communicatively coupled to the sensor (120) and in fluid communication with a tube (patient interface, 128, 132) adapted for administration of supplemental oxygen to the patient ([0269] lines 1-20), wherein the oxygen monitoring system is in fluid communication with the source of supplemental oxygen to receive the flow of supplemental oxygen through the at least one valve ([0267] lines 1-20), wherein the oxygen monitoring system includes a controller having a memory device and a processor coupled thereto ([0269] last 10 lines), and wherein the memory device has instructions stored therein that are executable by the processor to cause the processor to receive the signal from the sensor ([0270] lines 1-20), to titrate supplemental oxygen for delivery to the patient through the tube based on the signal ([0282]), and to continuously monitor the blood oxygen saturation level of the patient based on the signal ([0282] “checks”).
Regarding claim 2, Payton discloses an adaptor (i.e. 123) communicatively coupled to the sensor (121) and the automated oxygen monitoring system (108), wherein the adaptor is configured to transmit the signal provided by the sensor to the processor ([0270] lines 1-20).
Regarding claim 3, Payton discloses an oxygen saturation monitor (i.e. display 110) communicatively coupled to the adaptor (123) , wherein the adaptor is configured to transmit the signal provided by the sensor (121) to the oxygen saturation monitor to permit continuous measurement of the blood oxygen saturation level of the patient via the oxygen saturation monitor ([0266] last 20 lines, [0326] lines 1-10, [0342] lines 1-10).
Regarding claim 4, Payton discloses the oxygen saturation monitor (110)is provided separately from the automated oxygen monitoring system ([0266] lines 1-20).
Regarding claim 5, Payton discloses the automated oxygen monitoring system includes an override being manually manipulatable by a user to selectively cease delivery of supplemental oxygen to the patient through the oxygen monitoring system ([0326] lines 1-10 disclose manual override).
Regarding claim 6, Payton discloses the processor to retrieves patient information specific to the patient (i.e. BMI) and to titrate supplemental oxygen for delivery to the patient at an initial rate or an initial amount based on the signal and the patient information (fig. 5, [0313] lines -1-3, [0298]).
Regarding claims 7, 13, and 18, Payton discloses the processor to compares the measured blood oxygen saturation level of the patient following delivery of supplemental oxygen to the patient at the initial rate or the initial amount to a reference pulse oximetric percentage ([0313] lines 1-3, [0316] lines 1-4, [0317] lines 1-15), and to issue a warning in response to a determination that the measured blood oxygen saturation level of the patient does not meet the reference pulse oximetric percentage ([0323] lines 1-5).
Regarding claims 8, 14, and 19, Payton discloses the processor to titrate supplemental oxygen for delivery to the patient at an increased rate or an increased amount in response to the determination that the measured blood oxygen saturation level of the patient does not meet the reference pulse oximetric percentage ([0317] lines 1-20).
Regarding claims 9, 15, and 20, Payton discloses the processor to compare the measured blood oxygen saturation level of the patient following delivery of supplemental oxygen to the patient at the increased rate or the increased amount to the reference pulse oximetric percentage([0313] lines 1-3, [0316] lines 1-4, [0317] lines 1-15), and to issue an alarm in response to a determination that the measured blood oxygen saturation level of the patient does not meet the reference pulse oximetric percentage ([0317] lines 1-20).
Regarding claim 10, Payton discloses in response to a determination that the measured blood oxygen saturation level of the patient meets the reference pulse oximetric percentage, continue delivery of supplemental oxygen to the patient at the increased rate or cease further delivery of supplemental oxygen to the patient ([0319] lines 1-3).
Regarding claim 11, Payton discloses an automated oxygen monitoring system to deliver supplemental oxygen to a patient, the system comprising: a controller (108) having a memory device and a processor coupled thereto ([0266] lines 1-20 disclose a microcontroller and storing instructions/data), wherein the memory device has instructions stored therein that are executable by the processor to cause the processor to receive a signal from a sensor (121) indicative of a measured blood oxygen saturation level of the patient, to titrate supplemental oxygen supplied by a source of supplemental oxygen for delivery to the patient based on the signal ([0282]), and to continuously monitor the blood oxygen saturation level of the patient based on the signal ([0282] “checks”).
Regarding claims 12 and 17, Payton discloses the instructions cause the processor to titrate supplemental oxygen for delivery to the patient at an initial rate or an initial amount based on the signal (fig. 5, [0313] lines -1-3, [0317] lines 1-20).
Regarding claim 16, Payton discloses a method of delivering supplemental oxygen to a patient, the method comprising: receiving, by a controller (108) of an automated oxygen monitoring system, a signal provided by a sensor (121) coupled to the oxygen monitoring system that is indicative of a measured blood oxygen saturation level of the patient ([0270]); titrating, by the controller, supplemental oxygen supplied by a source of supplemental oxygen for delivery to the patient based on the signal ([0317] lines 1-20); and continuously monitoring, by the controller (“checks”), the measured blood oxygen saturation level of the patient based on the signal ([0316]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Majdali (2021/0283358) discloses oxygen therapy.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATOYA M LOUIS whose telephone number is (571)270-5337. The examiner can normally be reached M-F 1 pm - 6:30 pm ET.
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/LaToya M Louis/Primary Examiner, Art Unit 3785