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 in combination with amendments, see Remarks and Claims, filed 12/18/2025, with respect to the rejection(s) of claim(s) under 35 USC 103 have been fully considered. The applicant argues that Hay’s listening component receives a voice command, which is then communicated to a different piece of medical equipment (see remarks page 15), and argues that Hay’s fails to teach a “first medical device having both an audio acquisition apparatus and a processor, wherein the audio acquisition apparatus acquires a voice signal that carries a medical procedure instruction and the processor” (see page 16). These arguments are fully considered but are not persuasive. Initially, it is noted that the claim does not provide any details of the structure of the medical device, the location of the processor, audio acquisitor apparatus, etc. Therefore, any device which includes the components, whether integrated or not, would read over the claimed limitation. Furthermore, Hays discloses a microphone configured to receive voice commands from a user; a medical device associated with a patient; a processor in communication with the microphone and the medical device associated with the patient [] the processor to receive a voice command that has instructions for the medical device associated with the patient, translate the instructions for use by the medical device, and send the translated instructions to the medical device (e.g., para 0010). The device may also comprise a processor [] The device may further comprise computer-readable media storing instructions that may be executed by the processor to receive, at the microphone, a voice command, translate the voice command into instructions for the medical equipment, and communicate the instructions to the medical equipment so that the medical equipment may take an action on a patient in accordance with the instructions (para, 0021). It is also noted that making components integral would be merely a matter of obvious engineering choice and not novel on its own. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965).
However, in order to advance prosecution, the limitation of “ processor of the first medical device” will be read as argued by the applicant. Therefore, Hays would have disclosed having a processor associated with the first medical device but fails to explicitly disclose “the processor of the first medical device”. For the reasons recited above, the applicant’s arguments are fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made further in view of US Pat Pub No. 20180227719 to Chong et al. (hereinafter “Chong”). See details below.
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 (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 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.
Claim(s) is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Pub No. 20190038236 granted to Hays et al. (hereinafter “Hays” – previously presented ) in view of US Pat Pub No. 20180227719 to Chong et al. (hereinafter “Chong”).
Regarding claim 1. (Original) Hays discloses a first medical device (e.g., para 0021 “device”), comprising: an audio acquisition apparatus, configured to acquire a voice signal (para 0021, “listening component, such as a microphone, that is configured to receive a voice command from a user”, para 0032 “listening device 200”) and to send the voice signal to a processor of the first medical device (para 0021 “processor”), wherein the voice signal carries a medical procedure instruction and is inputted by a user (para 0021 “processor to receive, at the microphone, a voice command, translate the voice command into instructions for the medical equipment, and communicate the instructions to the medical equipment”), the medical procedure instruction is operable to instruct at least the first medical device to execute a preset medical procedure (para 0021 “processor to receive, at the microphone, a voice command, translate the voice command into instructions for the medical equipment, and communicate the instructions to the medical equipment”), wherein the medical procedure comprises a plurality of preset medical actions, and there is a preset corresponding relationship between the medical procedure instruction and the plurality of preset medical actions (para 0021 “medical equipment may take an action on a patient in accordance with the instructions”, para 0023 “medical device 230”, para 0043); and the processor, configured to determine the plurality of preset medical actions that corresponds to the medical procedure instruction (para 0021), and to control execution of the plurality of medical actions after receiving the voice signal (para 0021), wherein: when the plurality of medical actions include a first medical action for execution by the first medical device and a second medical action for execution by a second medical device, different from the first medical device (para 0041 “ECG monitor”, “infusion pump 232”, etc.), the processor is further configured to: determine an execution sequence for the plurality of medical actions; and control execution of the first medical action by the first medical device and the second medical action by the second medical device according to the execution sequence (para 0021, 0041-0042, etc.).
Hays teaches having a processor associated with the first medical device but fails to explicitly disclose the processor of the first medical device.
Chong, from a similar field of endeavor teaches having a first medical device (i.e., medical voice command device) and teaches that it is known for the processing of the voice command and the determination of a medical device to use for satisfying the voice command may be determined by a medical voice command device that received the voice command (para 0073). It would have been obvious to one of ordinary skill in the art to modify the disclosure of Hays with the known teachings of Chong to provide the predictable result of processing the voice commands and the determination of a medical device to use for satisfying the voice command by the medical voice command device that received the voice command, removing the need for a network.
The applicant should note that Chong also teaches various other limitations of the independent claim and should be considered in its entirety. Specific paragraphs of interest are [0017], [0021], [0023-0024], [0073], etc.
Regarding claim 2. (Currently Amended) Hays as modified by Chong renders obvious the first medical device according to claim 1, wherein: the first medical device is a monitor (Hays, para 0041 “ECG monitor”); the medical procedure instruction comprises at least one of an instruction to switch to a target monitoring mode, an instruction to measure a physiological parameter, an instruction to display an interface, or an instruction to review data (Hays, para 0041 “ECG monitor”); the target monitoring mode comprises an indoor transportation mode or an outdoor transportation mode, the instruction to switch to the target monitoring mode comprises an instruction to switch to the indoor transportation mode or an instruction to switch to the outdoor transportation mode; or the target monitoring mode comprises a surgery induction period monitoring mode or a surgery resuscitation period monitoring mode, the instruction to switch to a target monitoring mode comprises an instruction to switch to the surgery induction period monitoring mode or an instruction to switch to the surgery resuscitation period monitoring mode; or the target monitoring mode comprises a bedside monitoring mode, the instruction to switch to a target monitoring mode comprises an instruction to switch to the bedside monitoring mode (para 0047 “The control component 225 would then adjust the appropriate medical device 230 within the room in accordance with the request”; fig. 2; Chong, para 0021). It is noted that only of the above limitations is being required.
Regarding claim 3. (Currently Amended) Hays as modified by Chong renders obvious the first medical device according to claim 1, wherein- the first medical device is a monitor; the medical procedure instruction comprises at least one of: an instruction to switch to a target monitoring mode, an instruction to measure a physiological parameter, an instruction to display an interface, or an instruction to review data; and the physiological parameter comprises at least one of physiological parameters: electrocardiogram, respiration, body temperature, blood oxygen saturation, non-invasive blood pressure, or invasive blood pressure (para 0041-0042 “ECG monitor”, see para 0045, Chong, para 0021).
Regarding claim4. (Currently Amended) Hays as modified by Chong renders obvious the first medical device according to claim 1,wherein- the first medical device is an infusion pump; the medical procedure instruction comprises at least one of: an instruction to configure a target infusion mode or an instruction for a target infusion pump to inject a target drug (para 0042 “to infusion pump 232 to alter a medication, for example, to increase, decrease, begin, or end medication delivered to the patient”); the target infusion mode comprises: a flow rate mode, a drop number mode, a total time mode, and a drug liquid and weight mode (para 0042, Hays discloses having an infusion pump; it is noted that the mentioned modes are generally included in infusion pumps); and the instruction for a target infusion pump to inject a target drug comprises one or more of: an instruction to stop injecting a target drug, an instruction to start injecting a target drug, an instruction to inject a target drug according to a target parameter (para 0042 “to infusion pump 232 to alter a medication, for example, to increase, decrease, begin, or end medication delivered to the patient”). .
Regarding claim 6. (Currently Amended) Hays as modified by Chong renders obvious the first medical device according to claim 1,wherein- the first medical device is a ventilator (para 0041 “ventilator 233”); the medical procedure instruction comprises at least one of: an instruction to configure ventilation, an instruction to control an auxiliary tool, an instruction to review data, or an instruction to display an interface (para 0042 “to adjust the patient's 250 breathing rate”);the instruction to configure ventilation[[,]] comprises at least one of: an instruction to configure a target working mode, an instruction to configure a target working parameter, an instruction to implement a zero calibration on ventilation, an instruction to suspend ventilation or an instruction to resume ventilation; the instruction to configure [[a]] the target working modincrease, an instruction to configure manual breathing, an instruction to block an alarm, an instruction to confirm an alarm, an instruction to invoke a ventilation evaluation tool, an instruction to invoke an offline auxiliary tool, or an instruction to invoke a pulmonary re-expansion tool (para 0042 “instructions to the ventilator to adjust an alarm limit or to adjust the patient's 250 breathing rate”).
Regarding claim 10. (Currently Amended) Hays as modified by Chong renders obvious the first medical device according to claim 1, wherein the processor is further configured to receive an instruction to turn on the audio acquisition apparatus, and to turn on the audio acquisition apparatus after receiving the instruction to turn on the audio acquisition apparatus (para 0052, fig. 4; it is understood that the processor is capable of being ordered to turn on/off, etc.).
Regarding claim 13. (Currently Amended) Hays as modified by Chong renders obvious the first medical device according to claim 1,wherein_ the first medical device is a [[the]] monitor,[[,]] the medical procedure instruction comprises an instruction to switch to a target monitoring mode or an [[the]] instruction to measure a physiological parameter (para 0040 “send a device-specific command to the medical devices 230 based on the translation”); in order to determine the medical action that corresponds to the medical procedure instruction, and to control execution of the medical action, after receiving the voice signal, the processor is operable to: the target monitoring mode according to the voice signal, determine a configuration action that corresponds to the instruction to switch to the [[a]] target monitoring mode, and implement the configuration action; or a category of the physiological parameter which is to be measured, determine a measurement action for the physiological parameter which is to be measured, and implement the measurement action, after receiving the voice signal, which carries the instruction to measure a physiological parameter para 0040-0042, operating medical devices 230 depending on the voice command); or determine a category of the physiological parameter which is to be measured, determine a measurement action for the physiological parameter which is to be measured, and implement the measurement action, after receiving the voice signal, which carries the instruction to measure a physiological parameter (only one of the above is being required).
Regarding claim 14. (Currently Amended) Hays as modified by Chong renders obvious the first medical device according to claim 1,wherein- the medical device is [[the]] an infusion pump, [[, and]] the medical procedure instruction comprises an instruction for a target infusion pump to inject a target drug; after receiving the voice signal that includes the medical procedure instruction, the processor is configured to: whether the infusion pump is the target infusion pump; and when the infusion pump is the target infusion pump, determine a drug injection action that corresponds to the instruction for [[a]] the target infusion pump to inject [[a]] the target drug and control execution of the drug injection action (para 0041-0042 “control component 225 may send computer-readable instructions to infusion pump 232 to alter a medication, for example, to increase, decrease, begin, or end medication delivered to the patient”).
Regarding claim 16. (Currently Amended) Hays as modified by Chong renders obvious the first medical device according to claim 1, wherein the first medical device is [[the]] a ventilator, and the medical procedure instruction comprises an is instruction to configure a target working mode or the instruction to configure a target working parameter; in order to determine the medical action that corresponds to the medical procedure instruction, and to control execution of the medical action, after receiving the voice signal, the processor is configured to: a mode configuration action that corresponds to the instruction to configure a target working mode and execute the mode configuration action, after receiving the voice signal; or a parameter configuration action that corresponds to the instruction to configure a target working parameter, and execute the parameter configuration action, after receiving the voice signal (para 0041-0042 “control component 225 may send computer readable instructions to the ventilator to adjust an alarm limit or to adjust the patient's 250 breathing rate.”).
Claim(s) 5 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hays modified by Chong as applied to claims 1-4, 6, 10-14 and 16 above, and further in view of CN107638227A to Liu et al (hereinafter “Liu”).
Regarding claim 5. (Currently Amended) Hays as modified by Chong renders obvious the medical device according to claim 1, but fails to disclose wherein the first medical device is an anesthesia machine; the medical procedure instruction comprises at least one of: an instruction to configure a target working mode or an instruction to inject a target anesthetic; the target working modthe instruction to inject a target anesthetic comprises one or more of: an instruction to stop injecting a target drug, an instruction to start injecting a target drug, an instruction to inject a target drug according to a target parameter; wherein the target anesthetic comprises a liquid anesthetic or a gas anesthetic.
Liu, from a similar field of endeavor teaches using voice control unit to control to control mode, injection speed selection, etc. of an anesthetic liquid in an anesthesia machine (Description). It would have been obvious before the filing date of the claimed invention to modify the disclosure of Hays as modified by Chong with the teachings of Liu to further control the rate of anesthesia of the patient.
Regarding claim 15. (Currently Amended) Hays as modified by Chong renders obvious the medical device according to claim 1, but fails to disclose wherein the first medical device is [[the]] an anesthesia machine, and the medical procedure instruction comprises an
Liu, from a similar field of endeavor teaches using voice control unit to control to control mode, injection speed selection, etc. of an anesthetic liquid in an anesthesia machine (Description). It would have been obvious before the filing date of the claimed invention to modify the disclosure of Hays with the teachings of Liu to further control the rate of anesthesia of the patient.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hays modified by Chong as applied to claims 1-4, 6, 10-14 and 16 above, and further in view of US 20200090807 to Cole et al. (Hereinafter “Cole”).
Regarding claim 7. (Currently Amended) Hays as modified by Chong renders obvious the first medical device according to claim 1, Hays discloses providing feedback but fails to disclose wherein- the first medical device is a ventilator, the medical procedure instruction comprises at least one of an instruction to review data, and an instruction to display an interface;the instruction to display [[an]] the interface comprises at least one of an instruction to switch [[an]]from a first interface to a second interface, an instruction to lock a screen, an instruction to unlock a screen, an instruction to record a screen, an instruction to capture a screen, or an instruction to freeze a waveform; andthe instruction to the review data is an instruction to view data related to a physiological condition of a patient at a historical time point or in a historical time period.
Cole, from a similar field of endeavor teaches the user to use voice command to selectively retrieve display a patient’s record or vitals (para 0003, 0046). It would have been obvious before the filing date of the claimed invention to modify the disclosure of Hays as modified by Chong with the teachings of Cole for further control the data being displayed to improve feedback.
Claim(s) 8-9, 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hays modified by Chong as applied to claims 1-4, 6, 10-14 and 16 above, and further in view of CN207676648U to Dengwang et al. (hereinafter “Dengwang”).
Regarding claim 8. (Currently Amended) Hays as modified by Chong renders obvious the first medical device according to claim 1, but fails to disclose wherein- the first medical device is a surgical bed, a hospital bed or a transfer bed;the medical procedure instruction comprises at least one of an instruction to configure a target working mode or an instruction to configure a target working position;the target working mod
Dengwang, from a similar field of endeavor teaches wherein the voice signal execution module sends the corresponding control signal to the medical detection system, and the medical detection system generates a corresponding instruction to execute the following operations: control the movement of the patient bed (Description, claim 5). It would have been obvious before the filing date of the claimed invention to modify the disclosure of Hays as modified by Chong with the teachings of Dengwang to provide the predictable result of further controlling the patient bed.
Regarding claim 9. (Currently Amended) Hays as modified by Chong renders obvious the first medical device according to claim 1, wherein the first medical device is a surgical lamp or a tower bridge;the medical procedure instruction comprises at least one of an instruction to configure a target working position or an instruction to control lighting;the instruction to control lighting
Dengwang, from a similar field of endeavor teaches wherein the voice signal execution module sends the corresponding control signal to the medical detection system, and the medical detection system generates a corresponding instruction to execute the following operations: control turning on or off the laser positioning light, control turning on or off the illumination light and adjusting the illumination light brightness (Description, claim 5). ). It would have been obvious before the filing date of the claimed invention to modify the disclosure of Hays as modified by Chong with the teachings of Dengwang to provide the predictable result of further controlling the lighting.
Regarding claim 17. (Currently Amended) Hays as modified by Chong renders obvious the first medical device according to claim 1, but fails to disclose wherein the first medical device is [[the]] a surgical lamp, [[the]] a surgical bed, [[the]] a hospital bed, [[the]]a transfer bed or [[the]] atower bridge, the medical procedure instruction is the instruction to configure a target working position; andin order to determine the medical action that corresponds to the medical procedure instruction, and to control execution of the medical action, after receiving the voice signal, the processor is configured
Dengwang, from a similar field of endeavor teaches wherein the voice signal execution module sends the corresponding control signal to the medical detection system, and the medical detection system generates a corresponding instruction to execute the following operations: control turning on or off the laser positioning light, control turning on or off the illumination light and adjusting the illumination light brightness (Description, claim 5). It would have been obvious before the filing date of the claimed invention to modify the disclosure of Hays as modified by Chong with the teachings of Dengwang to provide the predictable result of further controlling various devices.
Regarding claim 18. (Currently Amended) Hays as modified by Chong renders obvious the first medical device according to claim 1, but fails to disclose wherein the first medical device is [[the]] a surgical lamp or [[the]] a tower bridge, the medical procedure instruction is [[the]] an instruction to control lighting; and in order to determine the medical action that corresponds to the medical procedure instruction, and to control execution of the medical action, after receiving the voice signal, the processor is specifically operable to: determine a lighting configuration action that corresponds to the instruction to control lighting, and implement the lighting configuration action, after receiving the voice signal.
Dengwang, from a similar field of endeavor teaches wherein the voice signal execution module sends the corresponding control signal to the medical detection system, and the medical detection system generates a corresponding instruction to execute the following operations: control turning on or off the laser positioning light, control turning on or off the illumination light and adjusting the illumination light brightness (Description, claim 5). ). It would have been obvious before the filing date of the claimed invention to modify the disclosure of Hays as modified by Chong with the teachings of Dengwang to provide the predictable result of further controlling the lighting.
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 SANA SAHAND whose telephone number is (571)272-6842. The examiner can normally be reached M-Th 8:30 am -5:30 pm; F 9 am-3 pm.
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/SANA SAHAND/Examiner, Art Unit 3796