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 .
Election/Restrictions
Applicant’s election of Group I (claims 1-15) in the reply filed on 11/4/25 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 16-20 are withdrawn from consideration.
Claim Rejections - 35 USC § 102
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, 3, 4, and 9-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peterson et al. (US 20160303389).
Regarding claim 1, Peterson et al. discloses a system for monitoring and delivering therapy to a patient (fig. 1-3), the system comprising: a monitor module 202 with patient monitoring capability (see fig. 2; par. 0037-0039); and a manifold 104/304 that is operable to provide a gas connection between the monitor module and tubing 206 (see fig. 2), wherein the gas connection is for delivering treatment to or collecting gases from the patient via the tubing (capnography, par. 0039; fig. 2), wherein the manifold includes a connector 308 for mechanically connecting the manifold to the monitor module (physical coupling, par. 0029, 0034, par. 0040), and the connector is also for mechanically disconnecting the manifold from the monitor module while maintaining the tubing coupled to the patient (par. 0038; see fig. 2).
Regarding claim 3, Peterson et al. discloses the gas connection provides a pathway to enable airflow communication from the tubing to the manifold and the monitor module (flow from tubing into 104/304; see fig. 2).
Regarding claim 4, Peterson et al. discloses the tubing includes one or more of a non-invasive blood pressure (NIBP) hose, an NIBP cuff, and intubation tubing (tubing 206 is fully capable of performing these claimed functions; see par. 0025 and 0039).
Regarding claim 9, Peterson et al. discloses an outlet for coupling with the connector of the manifold (one of 320, see fig. 3, which is intended for tube 206 as described in par. 0040) following mechanical disconnection of the manifold from the monitor module (fully capable of being coupled as claimed while the manifold is disconnected from the monitor as shown in fig. 3); and a controller (par. 0034) coupled to the outlet (via mutual coupling to 104/304) and including a wireless communication interface enabling transmission, via a wireless communication link, of physiologic monitoring data to the monitor module (par. 0040, 0047).
Regarding claim 10, Peterson et al. discloses the monitor module further includes a second wireless communication interface enabling wireless communication with the controller (par. 0040, 0047).
Regarding claim 11, Peterson et al. discloses the monitor module further includes a display to operate as an external display for the outlet by displaying information indicative of the physiologic monitoring data received via the wireless communication link (par. 0047).
Regarding claim 12, Peterson et al. the outlet is included in an ambulance (par 0032 and 0037).
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peterson et al. in view of Pearce et al. (US 8880168).
Regarding claim 2, Peterson et al. discloses utilizing the manifold for multiple connections, such as those specifically illustrated in fig. 2 and those described in par. 0025, all of which are enabled to be disconnected simultaneously from the monitor (see fig. 2 and 3 and associated description, and citations above), except for specifically disclosing multiple tubes. However, par. 0025 of Peterson et al. envisions multiple types of functionalities which would require tubing. Furthermore, Pearce et al. teaches specifically grouping some of those types of functionalities together in one manifold, including invasive pressure, non-invasive blood pressure, and CO2 (see fig. 2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the Peterson et al. system to utilize multiple tubes, as taught by the combination of Peterson et al. and Pearce et al., for the purpose of allowing the manifold enable functionality for multiple related and necessary functionalities to achieve universal adaptability (par. 0024 and 0025 of Peterson et al.).
Claim(s) 5-8, 14, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peterson et al. in view of Gibson et al. (US 20080281168).
Regarding claims 5-8, Peterson et al. discloses a first and second set of monitoring electronics, each comprising ports for coupling with the connector of the manifold and each enabling patient monitoring capability using inputs received via the manifold (at least 202 and 102, with coupling capability as illustrated in fig. 3; par. 0033-0040 describing interchangeability between a variety of monitoring electronics), the monitoring electronics being a pulse oximetry modules with tubing for capnography (par. 0033-0030, see fig. 2 and 3) except for specifically disclosing a cot including the second set of monitoring electronics, or a cot including a port for coupling with the connector of the manifold, a wireless communication interface enabling wireless transmission of data to another device, and a power supply. However, Gibson et al. teaches a combination of a modular monitoring module 20 and cot (comprising bed and cradle 140 in combination as illustrated in fig. 11), the cot comprising a port for coupling with the connector of the monitoring electronics (see fig. 4), a communication interface 165, and a power supply (par. 0097). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Peterson et al. to utilize a monitoring module as part of a cot, as taught by Gibson et al., for the purpose of adapting the system for modular use in common emergency environments between different monitoring electronics, including those coupled with critical care transport equipment as discussed in par. 0028 of Peterson et al. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a wireless communication interface on the cot, as opposed to the wired interface taught by Gibson et al., since Peterson et al. teaches utilizing both wired or wireless connections as needed (par. 0033-0040, 0047, 0053).
Regarding claims 14 and 15, Peterson et al. discloses a system for monitoring and delivering therapy to a patient (fig. 1-3), the system comprising: a monitor module 202 comprising a first set of monitoring electronics with patient monitoring capability (see fig. 2; par. 0037-0039) and a battery for powering the monitor module (“power supply” in par. 0038, in the specific embodiment where the power supply is a battery, see par. 0047); a manifold 104/304 that is operable to provide a gas connection between the monitor module and tubing 206 (see fig. 2), wherein the gas connection is for delivering treatment to or collecting gases from the patient via the tubing (capnography, par. 0039; fig. 2), wherein the manifold includes a connector 308 for mechanically connecting the manifold to the monitor module (physical coupling, par. 0029, 0034, par. 0040), and the connector is also for mechanically disconnecting the manifold from the monitor module while maintaining the tubing coupled to the patient (par. 0038; see fig. 2); and a second set of monitoring electronics enabling patient monitoring capability using inputs received via the manifold (at least 102, with coupling capability as illustrated in fig. 3; par. 0033-0040 describing interchangeability between a variety of monitoring electronics), except for specifically disclosing a cot including the second set of monitoring electronics and a power supply and port as claimed. However, Gibson et al. teaches a combination of a modular monitoring module 20 and cot (comprising bed and cradle 140 in combination as illustrated in fig. 11), the cot comprising a port for coupling with the connector of the monitoring electronics (see fig. 4) and a power supply (par. 0097). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Peterson et al. to utilize a monitoring module as part of a cot, as taught by Gibson et al., for the purpose of adapting the system for modular use in common emergency environments between different monitoring electronics, including those coupled with critical care transport equipment as discussed in par. 0028 of Peterson et al.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peterson et al. in view of Heath (US 20100114218) and Benz et al. (US 12329717).
Regarding claim 13, Peterson et al. discloses the system as claimed, including that the monitor module is specifically a defibrillator monitor (see at least par. 0033), except for specifically disclosing a therapy module including a defibrillator as a combined device with the monitor as claimed operable to delivery defibrillation to the patient according to therapy commands received from the monitor module and the monitor module having the executable instructions as claimed. However, Heath teaches a combined monitor module and defibrillator (fig. 1) capable of delivery of defibrillation to the patient according to therapy commands received from the monitor module (par. 0094-0096). Furthermore, Benz et al. teaches pausing therapy delivery in response to detecting a disconnection system elements (col. 18, ln. 4-19). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the Peterson et al. system to combine modules with the functionality as claimed, as taught by Heath and Benz et al., for the purpose of providing a system with necessary functions in an automated and coordinated fashion to improve patient survivability (Heath par. 0011) while providing sufficient structure and functionality to prevent uncontrolled or unintended therapy delivery.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN R PRICE whose telephone number is (571)270-5421. The examiner can normally be reached Mon-Fri 8:00am-4:00pm Eastern time.
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/NATHAN R PRICE/Primary Examiner, Art Unit 3783