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 § 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 1-3, 7, 9, 11, 15, 20, 24-28, 32, 34, 36, 45, 49, and 52 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an Abstract Idea without significantly more.
[STEP 1]
Regarding claims 1, 11, and 25, the claims are a machine/system and is one of the four statutory categories.
[STEP 2A, Prong One]
The claims recite the following limitations that recite an abstract idea: collecting the data transmitted by the oxygen concentrator; detecting a triggering event based on the collected data; and determining a responsive action to resolve the detected triggering event (Claim 1) and predicting respiratory exacerbations based on the operational data and the physiological data (Claim 11); Identifying a dead dosage for a patient (Claim 25). The above limitations are directed to mental processes that can be done by a person simply observing the output of one of the various physiological or operational parameter sensors, evaluating or comparing the readings using a percentage comparing equation or similar equation that can be expressed in decimals, and verifying its values with predefined value or user-defined threshold to alert others when the evaluated values are higher than the user-defined threshold values.
[STEP 2A, Prong Two]
Claim 1 recites the additional elements of: an oxygen concentrator and a health data analysis engine.
The oxygen concentrator is described as working “based on depressurization (e.g., vacuum operation) and/or pressurization (e.g., compressor operation) in a swing adsorption process (e.g., Vacuum Swing Adsorption, Pressure Swing Adsorption or Vacuum Pressure Swing Adsorption, each of which are referred to herein as a "swing adsorption process"). Pressure swing adsorption may involve using one or more compressors to increase gas pressure inside one or more canisters that contains particles of a gas separation adsorbent. Such a canister when containing a mass of gas separation adsorbent such as a layer of gas separation adsorbent may serve as a sieve bed. As the pressure increases, certain molecules in the gas may become adsorbed onto the gas separation adsorbent. Removal of a portion of the gas in the canister under the pressurized conditions allows separation of the non-adsorbed molecules from the adsorbed molecules. The adsorbed molecules may then be desorbed by venting the sieve beds” (Specification [0005]) and being “configured to generate and deliver oxygen enriched air to the patient according to a selected dosage” (Specification [0014]) and having “an air intake, a motorized compressor coupled to the air intake, an oxygen separator to separate oxygen from compressed air from the compressor, and an accumulator coupled to the oxygen separator to store the oxygen enriched air. Another implementation is where the oxygen concentrator has a first data resolution and a second data resolution, where the second data resolution including comparatively more data than the first data resolution”(Specification [0015]). It is essentially acting as a computer element just to execute the program that carries out the abstract method and amounts to merely being the field of use. The recited abstract process does not improve the functioning of the oxygen concentrator, or any other technology or technical field. Nor does the above-identified additional element serve to apply the above-identified abstract idea with, or by use of, a particular machine, effect a transformation or apply or use the above- identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception.
The health data analysis engine is described as being “operable to determine a severity of the detected triggering event, and determine the responsive action based on the determined severity” (Specification [0015]). It is essentially acting as a computer element just to execute the program that carries out the abstract method and amounts to merely being the field of use. The recited abstract process does not improve the functioning of the health data analysis engine, or any other technology or technical field. Nor does the above-identified additional element serve to apply the above-identified abstract idea with, or by use of, a particular machine, effect a transformation or apply or use the above- identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception. Furthermore, the above- identified additional element, the oxygen concentrator and health data analysis engine, does not add a meaningful limitation to the abstract idea because it amounts to simply performing basic calculations and outputting said results is considered well-understood, routine, conventional computer functions. See MPEP 2106.05(d). Additionally, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims. That is, like Affinity Labs of Tex. v. DirecTV, LLC, the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution. Thus, for these additional reasons, the abstract idea identified above in independent Claim 1 (and its respective dependent claims) is not integrated into a practical application under the 2019 PEG.
[STEP 2B]
The claims do not cite any additional structures that would make it significantly more than the judicial exception. The oxygen concentrator consists of various components such as sensors, an air intake, a motorized compressor coupled to the air intake, an oxygen separator to separate oxygen from compressed air from the compressor, and an accumulator coupled to the oxygen separator to store the oxygen enriched air, a memory storing machine-readable instructions, a control system, one or more processors configured to execute the machine-readable instructions (Specification [0015], [0041]). These elements are conventional and well-known in the art as shown by Rauker (WO 2020055933 A1). The use of a generic processor, memory and/or any other general computer components to store information and perform basic calculations and outputting said results is considered well-understood, routine, conventional computer functions. See MPEP 2106.05(d). The determined responsive action to resolve the detected triggering event is merely extra solution activity in that it provides an indication of the result of the abstract determination process. It is well-known analysis technique involving an act of evaluating information to a predefined threshold can be practically performed in the human mind. Therefore, in addition of insignificant extra-solution activity does not amount to an inventive concept, particularly when the activity is-well-understood or conventional. See MPEP 2106.05((g). With respect to the sensors, Rauker (WO 2020055933 A1) mentions utilizing sensors for measuring physiological and operational data known in the art as well as method of comparing the measured/sensed values. The components found in the claim is-well-known to be conventional in the art.
Further, dependent claims 2-3, 7, 9, 15, 20, and 24 include limitations that either further define the abstract idea by providing examples of responsive actions taken to resolve the detected triggering event in claim 15, further defining the steps taken when a triggering event is detected in claim 3, further defining the operation of the oxygen concentrator based on a triggering even in claim 7, determining oxygen dosage in claim 20 (and thus don’t make the abstract idea any less abstract), or amount to no more than generally linking the use of the abstract idea to a particular technological environment or field of use, like in claims 2, 9, and 24 drawn to sensors and structural elements used in the oxygen concentrator, because they’re merely incidental or token additions to the claims that do not alter or affect how the process steps are performed.
[STEP 1]
Regarding claims 26 and 36, the claims are a process/method and is one of the four statutory categories.
[STEP 2A, Prong One]
The claims recite the following limitations that recite an abstract idea: collecting the data transmitted by the oxygen concentrator; detecting a triggering event based on the collected data; and determining a responsive action to resolve the detected triggering event (Claim 26) and predicting respiratory exacerbations based on the operational data and the physiological data (Claim 36). The above limitations are directed to mental processes that can be done by a person simply observing the output of one of the various physiological or operational parameter sensors, evaluating or comparing the readings using a percentage comparing equation or similar equation that can be expressed in decimals, and verifying its values with predefined value or user-defined threshold to alert others when the evaluated values are higher than the user-defined threshold values.
[STEP 2A, Prong Two]
Claim 26 recites the additional elements of: an oxygen concentrator and a health data analysis engine.
The oxygen concentrator is described as working “based on depressurization (e.g., vacuum operation) and/or pressurization (e.g., compressor operation) in a swing adsorption process (e.g., Vacuum Swing Adsorption, Pressure Swing Adsorption or Vacuum Pressure Swing Adsorption, each of which are referred to herein as a "swing adsorption process"). Pressure swing adsorption may involve using one or more compressors to increase gas pressure inside one or more canisters that contains particles of a gas separation adsorbent. Such a canister when containing a mass of gas separation adsorbent such as a layer of gas separation adsorbent may serve as a sieve bed. As the pressure increases, certain molecules in the gas may become adsorbed onto the gas separation adsorbent. Removal of a portion of the gas in the canister under the pressurized conditions allows separation of the non-adsorbed molecules from the adsorbed molecules. The adsorbed molecules may then be desorbed by venting the sieve beds” (Specification [0005]) and being “configured to generate and deliver oxygen enriched air to the patient according to a selected dosage” (Specification [0014]) and having “an air intake, a motorized compressor coupled to the air intake, an oxygen separator to separate oxygen from compressed air from the compressor, and an accumulator coupled to the oxygen separator to store the oxygen enriched air. Another implementation is where the oxygen concentrator has a first data resolution and a second data resolution, where the second data resolution including comparatively more data than the first data resolution”(Specification [0015]). It is essentially acting as a computer element just to execute the program that carries out the abstract method and amounts to merely being the field of use. The recited abstract process does not improve the functioning of the oxygen concentrator, or any other technology or technical field. Nor does the above-identified additional element serve to apply the above-identified abstract idea with, or by use of, a particular machine, effect a transformation or apply or use the above- identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception.
The health data analysis engine is described as being “operable to determine a severity of the detected triggering event, and determine the responsive action based on the determined severity” (Specification [0015]). It is essentially acting as a computer element just to execute the program that carries out the abstract method and amounts to merely being the field of use. The recited abstract process does not improve the functioning of the health data analysis engine, or any other technology or technical field. Nor does the above-identified additional element serve to apply the above-identified abstract idea with, or by use of, a particular machine, effect a transformation or apply or use the above- identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception. Furthermore, the above- identified additional element, the oxygen concentrator and health data analysis engine, does not add a meaningful limitation to the abstract idea because it amounts to simply performing basic calculations and outputting said results is considered well-understood, routine, conventional computer functions. See MPEP 2106.05(d). Additionally, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims. That is, like Affinity Labs of Tex. v. DirecTV, LLC, the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution. Thus, for these additional reasons, the abstract idea identified above in independent Claim 26 (and its respective dependent claims) is not integrated into a practical application under the 2019 PEG.
[STEP 2B]
The claims do not cite any additional structures that would make it significantly more than the judicial exception. The oxygen concentrator consists of various components such as sensors, an air intake, a motorized compressor coupled to the air intake, an oxygen separator to separate oxygen from compressed air from the compressor, and an accumulator coupled to the oxygen separator to store the oxygen enriched air, a memory storing machine-readable instructions, a control system, one or more processors configured to execute the machine-readable instructions (Specification [0015], [0041]). These elements are conventional and well-known in the art as shown by Rauker (WO 2020055933 A1). The use of a generic processor, memory and/or any other general computer components to store information and perform basic calculations and outputting said results is considered well-understood, routine, conventional computer functions. See MPEP 2106.05(d). The determined responsive action to resolve the detected triggering event is merely extra solution activity in that it provides an indication of the result of the abstract determination process. It is well-known analysis technique involving an act of evaluating information to a predefined threshold can be practically performed in the human mind. Therefore, in addition of insignificant extra-solution activity does not amount to an inventive concept, particularly when the activity is-well-understood or conventional. See MPEP 2106.05((g). With respect to the sensors, Rauker (WO 2020055933 A1) mentions utilizing sensors for measuring physiological and operational data known in the art as well as method of comparing the measured/sensed values. The components found in the claim is-well-known to be conventional in the art.
Further, dependent claims 27-28, 32, 34, 45, and 49 include limitations that either further define the abstract idea by providing examples of responsive actions taken to resolve the detected triggering event in claim 32, further defining the steps taken when a triggering event is detected in claim 28, further defining the operation of the oxygen concentrator based on a triggering even in claim 7, determining oxygen dosage in claim 45 (and thus don’t make the abstract idea any less abstract), or amount to no more than generally linking the use of the abstract idea to a particular technological environment or field of use, like in claims 27, 34, and 49 drawn to sensors and structural elements used in the oxygen concentrator, because they’re merely incidental or token additions to the claims that do not alter or affect how the process steps are performed.
[STEP 1]
Regarding claim 52, the claim is a machine/system and is one of the four statutory categories.
[STEP 2A, Prong One]
The claims recite the following limitations that recite an abstract idea: collecting the data transmitted by the oxygen concentrator; detecting a triggering event based on the collected data; and determining a responsive action to resolve the detected triggering event (Claim 52). The above limitations are directed to mental processes that can be done by a person simply observing the output of one of the various physiological or operational parameter sensors, evaluating or comparing the readings using a percentage comparing equation or similar equation that can be expressed in decimals, and verifying its values with predefined value or user-defined threshold to alert others when the evaluated values are higher than the user-defined threshold values.
[STEP 2A, Prong Two]
Claim 52 recites the additional elements of: an oxygen concentrator and a health data analysis engine.
The oxygen concentrator is described as working “based on depressurization (e.g., vacuum operation) and/or pressurization (e.g., compressor operation) in a swing adsorption process (e.g., Vacuum Swing Adsorption, Pressure Swing Adsorption or Vacuum Pressure Swing Adsorption, each of which are referred to herein as a "swing adsorption process"). Pressure swing adsorption may involve using one or more compressors to increase gas pressure inside one or more canisters that contains particles of a gas separation adsorbent. Such a canister when containing a mass of gas separation adsorbent such as a layer of gas separation adsorbent may serve as a sieve bed. As the pressure increases, certain molecules in the gas may become adsorbed onto the gas separation adsorbent. Removal of a portion of the gas in the canister under the pressurized conditions allows separation of the non-adsorbed molecules from the adsorbed molecules. The adsorbed molecules may then be desorbed by venting the sieve beds” (Specification [0005]) and being “configured to generate and deliver oxygen enriched air to the patient according to a selected dosage” (Specification [0014]) and having “an air intake, a motorized compressor coupled to the air intake, an oxygen separator to separate oxygen from compressed air from the compressor, and an accumulator coupled to the oxygen separator to store the oxygen enriched air. Another implementation is where the oxygen concentrator has a first data resolution and a second data resolution, where the second data resolution including comparatively more data than the first data resolution”(Specification [0015]). It is essentially acting as a computer element just to execute the program that carries out the abstract method and amounts to merely being the field of use. The recited abstract process does not improve the functioning of the oxygen concentrator, or any other technology or technical field. Nor does the above-identified additional element serve to apply the above-identified abstract idea with, or by use of, a particular machine, effect a transformation or apply or use the above- identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception.
The health data analysis engine is described as being “operable to determine a severity of the detected triggering event, and determine the responsive action based on the determined severity” (Specification [0015]). It is essentially acting as a computer element just to execute the program that carries out the abstract method and amounts to merely being the field of use. The recited abstract process does not improve the functioning of the health data analysis engine, or any other technology or technical field. Nor does the above-identified additional element serve to apply the above-identified abstract idea with, or by use of, a particular machine, effect a transformation or apply or use the above- identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception. Furthermore, the above- identified additional element, the oxygen concentrator and health data analysis engine, does not add a meaningful limitation to the abstract idea because it amounts to simply performing basic calculations and outputting said results is considered well-understood, routine, conventional computer functions. See MPEP 2106.05(d). Additionally, Applicant’s specification does not include any discussion of how the claimed invention provides a technical improvement realized by these claims over the prior art or any explanation of a technical problem having an unconventional technical solution that is expressed in these claims. That is, like Affinity Labs of Tex. v. DirecTV, LLC, the specification fails to provide sufficient details regarding the manner in which the claimed invention accomplishes any technical improvement or solution. Thus, for these additional reasons, the abstract idea identified above in independent Claim 52 (and its respective dependent claims) is not integrated into a practical application under the 2019 PEG.
[STEP 2B]
The claims do not cite any additional structures that would make it significantly more than the judicial exception. The oxygen concentrator consists of various components such as sensors, an air intake, a motorized compressor coupled to the air intake, an oxygen separator to separate oxygen from compressed air from the compressor, and an accumulator coupled to the oxygen separator to store the oxygen enriched air, a memory storing machine-readable instructions, a control system, one or more processors configured to execute the machine-readable instructions (Specification [0015], [0041]). These elements are conventional and well-known in the art as shown by Rauker (WO 2020055933 A1). The use of a generic processor, memory and/or any other general computer components to store information and perform basic calculations and outputting said results is considered well-understood, routine, conventional computer functions. See MPEP 2106.05(d). The determined responsive action to resolve the detected triggering event is merely extra solution activity in that it provides an indication of the result of the abstract determination process. It is well-known analysis technique involving an act of evaluating information to a predefined threshold can be practically performed in the human mind. Therefore, in addition of insignificant extra-solution activity does not amount to an inventive concept, particularly when the activity is-well-understood or conventional. See MPEP 2106.05((g). With respect to the sensors, Rauker (WO 2020055933 A1) mentions utilizing sensors for measuring physiological and operational data known in the art as well as method of comparing the measured/sensed values. The components found in the claim is-well-known to be conventional in the art.
Claim Interpretation
Examiner is taking the limitation “oxygen concentrator” in claims 1, 26, and 52 and dependent claims to mean the entire breathing apparatus working in accordance with the oxygen concentrator on the basis of the functional language used in claims 1, 26, and 52 being uncharacteristic of a typical “oxygen concentrator” in and of itself.
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.
Claims 1, 3, 7, 9, 11, 15, 20, 24-26, 28, 32, 34, 36, 45, 49, 52 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rauker (WO 2020055933 A1).
Regarding claim 1, Rauker discloses a system for managing a respiratory condition of a patient (Abstract), the system comprising: an oxygen concentrator (FIG. 1 Concentrated oxygen source (POC) 14 can be an oxygen concentrator set forth in [0045]) configured to: generate and deliver oxygen enriched air to the patient according to a selected dosage (FIG. 1 Concentrated oxygen source 14 delivers concentrated oxygen to users needing or desiring higher concentration levels of oxygen, the selected dosage depending on readings of the pulse oximeter sensor 22 set forth in [0052]-[0053] and [0063]), and the oxygen concentrator 14 being capable of delivering eighty-five to ninety-five percent pure Oxygen as set forth in [0046]); sense and collect physiological data of the patient (FIG. 1 Consciousness sensor 6 set forth in [0040], pulse oximeter sensor 22 set forth in [0052], global positioning system (GPS) sensor set forth in [0057], data received from the health watch 12 set forth in [0060]); collect operational data during the generation and delivery of oxygen enriched air (FIG. 1 and 5 Data is acquired and transmitted by the monitor 4, the watch 12, the POC 14, the CPAP 18, the oximeter 22, the medication device 24 or other related health mechanism, such as the ventilator 13, connected to the patient and to a central processor 42, where the information collected includes oxygen flow rate, pulse dose or continuous flow, CPAP or BiPAP use, flow level, pressure settings as set forth in [0065]-[0066]); adjust the dosage of oxygen enriched air based on the sensed physiological data (FIG. 1 and 5 The master software application 42 having the ability to perform artificial intelligence and deep learning of the data, including information transferred from the oximeter 22 such that the master software application 42 automatically adjusts and controls the POC 14 as set forth in [0063]); and transmit operational data and the physiological data (FIG. 1 Personal information relating to the patient or person 8 is stored preferably in a memory device or central processor 11 as set forth in [0058]; FIG. 5 Data is acquired and transmitted by the monitor 4, the watch 12, the POC 14, the CPAP 18, the oximeter 22, the medication device 24 or other related health mechanism, such as the ventilator 13, that is preferably connected to the patient or person 8 postoperatively, to the tablet 10 and to the central processor 42. The tablet 10 has the software applications 28, 30, 32, 34, 36, 38, 40 loaded on it which are then connected to or are in communication with the central processor or master software application 42 set forth in [0066]-[0067]); and a health data analysis engine (FIG. 5 and 1 master software application or central processor 42, having access to personal information stored on the memory device 11, either directly or through the software applications or tablet 10 set forth in [0059]) in communication with the oxygen concentrator, the health data analysis engine being configured to: collect the data transmitted by the oxygen concentrator; detect a triggering event based on the collected data; and determine a responsive action to resolve the detected triggering event (FIG. 1 and 5 Personal information of patient or person 8 can be entered manually on the memory device 11 contained in the tablet 10, transmitted from a portable memory device such as a thumb drive or downloaded from an external source such as a Cloud network. Depending on security settings established by the patient or person 8, the personal information on the memory device 11 could be accessed by the software applications 28, 30, 32, 34, 36, 38, 40 for implementation with the artificial intelligence, deep learning or neural networks for predicting healthcare needs of the patient 8, the triggering event being for example, a blood oxygen saturation level below acceptable levels or an indication that a user is located somewhere with a greater elevation as set forth in [0058]-[0059] and [0066]-[0067]).
Regarding claim 3, Rauker discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Rauker further discloses the system, wherein the oxygen concentrator has a first data resolution (FIG. 1 A lower security level established to allow limited access to information such as the remaining power level on the POC’s 14 battery or the oxygen flow rate level as set forth in [0048]) and a second data resolution (FIG. 1 A medium/high level of security allowing the user of the tablet 10 to see additional information related to oxygen usage, such as location of the POC 14, and enables the ability of a user of the tablet 10 to send instructions to the POC 14 to change the oxygen delivery level or power the POC 14 off or on. If the POC 14 includes a configuration that delivers medication, the security level could include the ability to manage the level of medication delivered via the POC 14 as set forth in [0048]), the second data resolution including comparatively more data than the first data resolution, wherein the operational and physiological data is collected at the second data resolution during a predetermined period of time when the triggering event is detected (FIG. 1 and 5 The master software application or central processor 42 compares the data transmitted with information from known base data and utilizes its internal processing, artificial intelligence, machine learning, neural networks or deep learning that, for example, indicates the patient or person 8 has a blood oxygen saturation level below acceptable levels, the indication of a blood oxygen saturation level below acceptable levels or an indication that a user is located somewhere with a greater elevation being the triggering event as set forth in [0067]. The POC 14 is, therefore, able to enhance or increase the oxygen level in the air introduced to the patient through the ventilator or the high flow nasal cannula 13 by introducing the concentrated oxygen from the POC 14 to the ventilator or the high flow nasal cannula 13 as set forth in [0047], which is based on the data obtained and the resulting change to the POC 14 during a predetermined period of time where the user has established access to the high/medium level of security as set forth in [0047]-[0048] and [0067]).
Regarding claim 7, Rauker discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Rauker further discloses the system, wherein the operation of the oxygen concentrator is adjusted in response to the triggering event (FIG. 1 and 5 The central processor or master software application 42 preferably calculates the difference in additional supplemental oxygen and sends a command to the POC 14 or the ventilator 13 to increase the flow of oxygen accordingly and may prompt more frequent monitoring of the patient’s 8 breathing while they are located in the greater elevation as set forth in [0067]).
Regarding claim 9, Rauker discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Rauker further discloses the system, further comprising a health monitoring device coupled to the oxygen concentrator, the health monitoring device comprising one or more sensors configured to collect the physiological data (FIG. 1 Consciousness sensor 6 set forth in [0040], pulse oximeter sensor 22 set forth in [0052], global positioning system (GPS) sensor set forth in [0057], data received from the health watch 12 set forth in [0060]), wherein the one or more sensors of the health monitoring device are selected from the group consisting of: a heart rate sensor, a thermometer (FIG. 1 Watch 12 can transmit one or more, among other things, biometric data including pulse/heart rate, body temperature, location, calories burned, and distance traveled as set forth in [0044]), an infrared sensor (FIG. 1 Pulse oximeter 22 set forth in [0052]), and a radio frequency sensor (global positioning system (GPS) set forth in [0057]).
Regarding claim 11, Rauker discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Rauker further discloses the system, wherein the health data analysis engine is operable to predict respiratory exacerbations based on the operational data and the physiological data (FIG. 1 and 5 The tablet 10 may also send signals and warnings to the patient 8 indicating that the software application 40, through artificial intelligence, deep learning, machine learning or neural networks, predicts potential medical issues for the patient 8, potential failures of the component mechanisms of the system 2 or requirements to contact a physician or caregiver, the software application 40 may utilize learning by artificial intelligence or deep learning based on review of the acquired data from the concentrated oxygen source 14, the LOC monitor 4, the health tracker device 12, the CPAP machine 18, the pulse oximeter 22, the medication device 24 and related healthcare devices, monitors and sensors, such as global positioning system (GPS) sensors that track movement of the patient 8, resulting in the master software application 42 automatically adjusting and controlling the POC 14, the CPAP 18, the ventilator 13, the medication device 24 or other related treatment mechanism to improve the sleep and postoperative recovery of the patient or person 8; The central processor 42 may also send notifications to the patient 8, the caregiver or the healthcare professional regarding suggestions for treatment, warnings related to the POC 14, the CPAP 18, the ventilator 13, the medication device 24 or other treatment mechanism related to required maintenance or scheduling of treatments with a physician based on analysis of the acquired data by the artificial intelligence, deep learning, machine learning and neural networks of the central processor 42 as set forth in [0057] and [0063]).
Regarding claim 15, Rauker discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Rauker further discloses the system, wherein the responsive action is one of the group of: an adjustment to a treatment of the patient (FIG. 1 and 5 The central processor or master software application 42 preferably calculates the difference in additional supplemental oxygen and sends a command to the POC 14 or the ventilator 13 to increase the flow of oxygen accordingly and may prompt more frequent monitoring of the patient’s 8 breathing while they are located in the greater elevation set forth in [0067], and the master software application 42 automatically adjusts and controls the POC 14, the CPAP 18, the ventilator 13, the medication device 24 or other related treatment mechanism to improve the sleep and postoperative recovery of the patient or person 8 as set forth in [0063]), a notification to the patient to adjust a treatment; or a notification to a healthcare professional to adjust a treatment (FIG. 1 and 5 A user of the tablet 10 through a software application 40 stored on the tablet 10 that received data from the medication device 24 can send instructions to operate or control the medication device 24. Such control could include the delivery or adjustment of the delivery of medication via medication device 24. The tablet 10 may also send signals and warnings to the patient 8 indicating that the software application 40, through artificial intelligence, deep learning, machine learning or neural networks, predicts potential medical issues for the patient 8, potential failures of the component mechanisms of the system 2 or requirements to contact a physician or caregiver as set forth in [0057]).
Regarding claim 20, Rauker discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Rauker further discloses the system, wherein the dosage of oxygen enriched air is determined by comparison to a baseline determined from previous physiological data from the patient (FIG. 1 and 5 As the master software application 42 performs more adjustments to the POC 14, the CPAP 18, the ventilator 13 or the medication device 24 on various patients 8, more data is generated, thereby providing a deeper learning treatment database for further automated remote adjustments of the POC 14, the CPAP 18, the ventilator 13, the medication device 24 as set forth in [0064]; The central processor or master software application 42 preferably calculates the difference in additional supplemental oxygen and sends a command to the POC 14 or the ventilator 13 to increase the flow of oxygen accordingly and may prompt more frequent monitoring of the patient’s 8 breathing while they are located in the greater elevation, the baseline being an elevation level, as set forth in [0067]).
Regarding claim 24, Rauker discloses the claimed invention substantially as claimed as set forth for claim 1 above.
Rauker further discloses the system, further comprising a blood oxygenation sensor (FIG. 1 Pulse oximeter 22 set forth in [0052]) coupled to the oxygen concentrator, wherein the physiological data includes blood oxygenation data of the patient measured by the blood oxygenation sensor.
Regarding claim 25, Rauker discloses the claimed invention substantially as claimed as set forth for claim 24 above.
Rauker further discloses the system, wherein a dead dosage level is identified for the patient where no further increase in blood oxygenation may be achieved (A “dead dosage level” is identified for the patient where no further increase in blood oxygenation may be achieved when the FIG. 1 Pulse oximeter 22 set forth in [0052] measures 100%).
Regarding claim 26, Rauker discloses a method of managing a respiratory condition of a patient (Abstract), comprising: generating oxygen enriched air via an oxygen concentrator delivering the oxygen enriched air to the patient according to a selected dosage (FIG. 1 Concentrated oxygen source 14 delivers concentrated oxygen to users needing or desiring higher concentration levels of oxygen, the selected dosage depending on readings of the pulse oximeter sensor 22 set forth in [0052]-[0053] and [0063]), and the oxygen concentrator 14 being capable of delivering eighty-five to ninety-five percent pure Oxygen as set forth in [0046]); sensing physiological data of the patient (FIG. 1 Consciousness sensor 6 set forth in [0040], pulse oximeter sensor 22 set forth in [0052], global positioning system (GPS) sensor set forth in [0057], data received from the health watch 12 set forth in [0060]); collecting operational data during the generation and delivery of oxygen enriched air from the oxygen concentrator (FIG. 1 and 5 Data is acquired and transmitted by the monitor 4, the watch 12, the POC 14, the CPAP 18, the oximeter 22, the medication device 24 or other related health mechanism, such as the ventilator 13, connected to the patient and to a central processor 42, where the information collected includes oxygen flow rate, pulse dose or continuous flow, CPAP or BiPAP use, flow level, pressure settings as set forth in [0065]-[0066]); adjusting the dosage of oxygen enriched air based on the sensed physiological data (FIG. 1 and 5 The master software application 42 having the ability to perform artificial intelligence and deep learning of the data, including information transferred from the oximeter 22 such that the master software application 42 automatically adjusts and controls the POC 14 as set forth in [0063]); transmitting the operational data and the physiological data to a health data analysis engine in communication with the oxygen concentrator (FIG. 1 Personal information relating to the patient or person 8 is stored preferably in a memory device or central processor 11 as set forth in [0058]; FIG. 5 Data is acquired and transmitted by the monitor 4, the watch 12, the POC 14, the CPAP 18, the oximeter 22, the medication device 24 or other related health mechanism, such as the ventilator 13, that is preferably connected to the patient or person 8 postoperatively, to the tablet 10 and to the central processor 42. The tablet 10 has the software applications 28, 30, 32, 34, 36, 38, 40 loaded on it which are then connected to or are in communication with the central processor or master software application 42 set forth in [0066]-[0067]); collecting the data transmitted by the oxygen concentrator; detecting a triggering event based on the collected data; and determining a responsive action to resolve the detected triggering event (FIG. 1 and 5 Personal information of patient or person 8 can be entered manually on the memory device 11 contained in the tablet 10, transmitted from a portable memory device such as a thumb drive or downloaded from an external source such as a Cloud network. Depending on security settings established by the patient or person 8, the personal information on the memory device 11 could be accessed by the software applications 28, 30, 32, 34, 36, 38, 40 for implementation with the artificial intelligence, deep learning or neural networks for predicting healthcare needs of the patient 8, the triggering event being for example, a blood oxygen saturation level below acceptable levels or an indication that a user is located somewhere with a greater elevation as set forth in [0058]-[0059] and [0066]-[0067]).
Regarding claim 28, Rauker discloses the claimed invention substantially as claimed as set forth for claim 26 above.
Rauker further discloses the method, wherein the oxygen concentrator has a first data resolution (FIG. 1 A lower security level established to allow limited access to information such as the remaining power level on the POC’s 14 battery or the oxygen flow rate level as set forth in [0048]) and a second data resolution (FIG. 1 A medium/high level of security allowing the user of the tablet 10 to see additional information related to oxygen usage, such as location of the POC 14, and enables the ability of a user of the tablet 10 to send instructions to the POC 14 to change the oxygen delivery level or power the POC 14 off or on. If the POC 14 includes a configuration that delivers medication, the security level could include the ability to manage the level of medication delivered via the POC 14 as set forth in [0048]), the second data resolution including comparatively more data than the first data resolution, wherein the operational and physiological data is collected at the second data resolution during a predetermined period of time when the triggering event is detected (FIG. 1 and 5 The master software application or central processor 42 compares the data transmitted with information from known base data and utilizes its internal processing, artificial intelligence, machine learning, neural networks or deep learning that, for example, indicates the patient or person 8 has a blood oxygen saturation level below acceptable levels, the indication of a blood oxygen saturation level below acceptable levels or an indication that a user is located somewhere with a greater elevation being the triggering event as set forth in [0067]. The POC 14 is, therefore, able to enhance or increase the oxygen level in the air introduced to the patient through the ventilator or the high flow nasal cannula 13 by introducing the concentrated oxygen from the POC 14 to the ventilator or the high flow nasal cannula 13 as set forth in [0047], which is based on the data obtained and the resulting change to the POC 14 during a predetermined period of time where the user has established access to the high/medium level of security as set forth in [0047]-[0048] and [0067]).
Regarding claim 32, Rauker discloses the claimed invention substantially as claimed as set forth for claim 26 above.
Rauker further discloses the method, further comprising adjusting the operation of the oxygen concentrator in response to the triggering event (FIG. 1 and 5 The central processor or master software application 42 preferably calculates the difference in additional supplemental oxygen and sends a command to the POC 14 or the ventilator 13 to increase the flow of oxygen accordingly and may prompt more frequent monitoring of the patient’s 8 breathing while they are located in the greater elevation as set forth in [0067]).
Regarding claim 34, Rauker discloses the claimed invention substantially as claimed as set forth for claim 26 above.
Rauker further discloses the method, further comprising collecting physiological data via a health monitoring device coupled to the oxygen concentrator (FIG. 1 Consciousness sensor 6 set forth in [0040], pulse oximeter sensor 22 set forth in [0052], global positioning system (GPS) sensor set forth in [0057], data received from the health watch 12 set forth in [0060]), wherein the health monitoring device comprises one or more sensors configured to collect the physiological data, wherein the one or more sensors of the health monitoring device are selected from the group consisting of: a heart rate sensor, a thermometer (FIG. 1 Watch 12 can transmit one or more, among other things, biometric data including pulse/heart rate, body temperature, location, calories burned, and distance traveled as set forth in [0044]), an infrared sensor (FIG. 1 Pulse oximeter 22 set forth in [0052]), and a radio frequency sensor (global positioning system (GPS) set forth in [0057]).
Regarding claim 36, Rauker discloses the claimed invention substantially as claimed as set forth for claim 26 above.
Rauker further discloses the method, further comprising predicting respiratory exacerbations based on the operational data and the physiological data (FIG. 1 and 5 The tablet 10 may also send signals and warnings to the patient 8 indicating that the software application 40, through artificial intelligence, deep learning, machine learning or neural networks, predicts potential medical issues for the patient 8, potential failures of the component mechanisms of the system 2 or requirements to contact a physician or caregiver, the software application 40 may utilize learning by artificial intelligence or deep learning based on review of the acquired data from the concentrated oxygen source 14, the LOC monitor 4, the health tracker device 12, the CPAP machine 18, the pulse oximeter 22, the medication device 24 and related healthcare devices, monitors and sensors, such as global positioning system (GPS) sensors that track movement of the patient 8, resulting in the master software application 42 automatically adjusting and controlling the POC 14, the CPAP 18, the ventilator 13, the medication device 24 or other related treatment mechanism to improve the sleep and postoperative recovery of the patient or person 8; The central processor 42 may also send notifications to the patient 8, the caregiver or the healthcare professional regarding suggestions for treatment, warnings related to the POC 14, the CPAP 18, the ventilator 13, the medication device 24 or other treatment mechanism related to required maintenance or scheduling of treatments with a physician based on analysis of the acquired data by the artificial intelligence, deep learning, machine learning and neural networks of the central processor 42 as set forth in [0057] and [0063]).
Regarding claim 45, Rauker discloses the claimed invention substantially as claimed as set forth for claim 26 above.
Rauker further discloses the method, wherein the dosage of oxygen enriched air is determined by comparison to a baseline determined from previous physiological data from the patient (FIG. 1 and 5 As the master software application 42 performs more adjustments to the POC 14, the CPAP 18, the ventilator 13 or the medication device 24 on various patients 8, more data is generated, thereby providing a deeper learning treatment database for further automated remote adjustments of the POC 14, the CPAP 18, the ventilator 13, the medication device 24 as set forth in [0064]; The central processor or master software application 42 preferably calculates the difference in additional supplemental oxygen and sends a command to the POC 14 or the ventilator 13 to increase the flow of oxygen accordingly and may prompt more frequent monitoring of the patient’s 8 breathing while they are located in the greater elevation, the baseline being an elevation level, as set forth in [0067]).
Regarding claim 49, Rauker discloses the claimed invention substantially as claimed as set forth for claim 26 above.
Rauker