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 .
Notice of Reply
This communication is responsive to the amendment(s) and/or argument(s) filed 6/11/26. The previous ground(s) of objection and/or rejection is/are withdrawn. The following new and/or reiterated ground(s) of rejection is/are set forth hereinbelow.
Information Disclosure Statement
The accompanying information disclosure statement (IDS) submission(s) is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 132 objected to because of the following informalities: the positive recitation of “physiolgical” in line 3 should apparently read “physiological”. Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 4, 5, 7, 10-12, 14-18, and 127-138 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Doron et al. (US 7,813,808 B1, hereinafter Doron).
For claim 1, Doron discloses a wireless monitor (Figs 1-4) (Cols 1-4), comprising inter alia:
a sensor (pressure sensor) (Figs 1-4) (Cols 1-4) configured to measure a physiological parameter (hemodynamic pressure) (Figs 1-4) (Cols 1-4) of a patient at a first resolution (coarse, low resolution) (Figs 1-4) (Cols 1-4), the first resolution including a first sampling rate of the physiological parameter (coarse, low resolution) (Figs 1-4) (Cols 1-4); and
a processor (control unit of Col 3) (Figs 1-4) (Cols 1-4) configured to generate physiological parameter data (heart rate) based on the measured physiological parameter of the patient at the first resolution (Figs 1-4) (Cols 1-4),
wherein the sensor is configured to measure the physiological parameter of the patient at a second resolution (higher resolution) (Figs 1-4) (Cols 1-4) based at least in part on the physiological parameter data (Figs 1-4) (Cols 1-4), and wherein the second resolution includes a second sampling rate of the physiological parameter that is different than the first sampling rate (Figs 1-4) (Cols 1-4).
For claim 2, Doron discloses the wireless monitor of claim 1, wherein the first resolution and second resolution further comprise one or more of an amplitude of the physiological parameter, a timing of the physiological parameter, a number of bits per sample, a voltage, a current, a sampling rate, a sampling duration, a number of samples, an over-sampling ratio (OSR), a frequency, a phase, an impedance, and a filter cut-off frequency (Figs 1-4) (Cols 1-4).
For claim 4, Doron discloses the wireless monitor of claim 1, wherein measuring the physiological parameter at the first resolution consumes lower energy than measuring the physiological parameter at the second resolution (Figs 1-4) (Cols 1-4, especially Col 1).
For claim 5, Doron discloses the wireless monitor of claim 1, wherein the wireless monitor is configured to be implanted in a patient (Figs 1-4) (Cols 1-4).
For claim 7, Doron discloses the wireless monitor of claim 1, wherein the physiological parameter comprises one or more of an intracardiac pressure, an intravascular pressure, a blood pressure, a blood velocity, a blood flow, a blood oxygen level, a heart rate, a breathing rate, a temperature, a voltage, a current, an impedance, a neural signal, and a heart sound (Figs 1-4) (Cols 1-4).
For claim 10, Doron discloses the wireless monitor of claim 1, further comprising a memory (transferred and saved measurements of control unit and/or buffer) (Figs 1-4) (Cols 1-4) configured to store one or more of the measured physiological parameter at the first resolution, the measured physiological parameter at the second resolution, the physiological parameter data, and resolution data (Figs 1-4) (Cols 1-4).
For claim 11, Doron discloses the wireless monitor of claim 1, further comprising a wireless transmitter (wireless communication link) (Figs 1-4) (Cols 1-4) configured to wirelessly transmit one or more of the measured physiological parameter at the first resolution, the measured physiological parameter at the second resolution, the physiological parameter data, and resolution data to a wireless device (Figs 1-4) (Cols 1-4).
For claim 12, Doron discloses the wireless monitor of claim 11, wherein the wireless device is an external wireless device configured to be disposed physically separate from the wireless monitor (Figs 1-4) (Cols 1-4, esp Col 2).
For claim 14, Doron discloses the wireless monitor of claim 1, wherein the sensor comprises a resolution setting of the sensor (Figs 1-4) (Cols 1-4), wherein the resolution setting controls the first and second resolutions (Figs 1-4) (Cols 1-4).
For claim 15, Doron discloses the wireless monitor of claim 14, wherein the processor is configured to adjust the resolution setting of the sensor based at least in part on the physiological parameter data (Figs 1-4) (Cols 1-4).
For claim 16, Doron discloses the wireless monitor of claim 14, wherein the resolution setting comprises sampling rate and one or more of a number of bits per sample, a voltage, a current, a sampling duration, a number of samples, an over-sampling ratio (OSR), a frequency, a phase, an impedance, and a filter cut-off frequency (Figs 1-4) (Cols 1-4).
For claim 17, Doron discloses the wireless monitor of claim 14, further comprising a memory (transferred and saved measurements of control unit and/or buffer) configured to store the resolution setting of the sensor (Figs 1-4) (Cols 1-4).
For claim 18, Doron discloses the wireless monitor of claim 14, further comprising a wireless transmitter (wireless communication link) (Figs 1-4) (Cols 1-4) configured to wirelessly transmit the resolution setting of the sensor to a wireless device (Figs 1-4) (Cols 1-4).
For claim 127, Doron discloses the wireless monitor of claim 1, wherein the sensor is configured to measure the physiological parameter of the patient at the first resolution periodically at a predetermined repetition interval (Figs 1-4) (Cols 1-4).
For claim 128, Doron discloses the wireless monitor of claim 1, wherein the measured physiological parameter at the first resolution and the second resolution comprises digital bits (Figs 1-4) (Cols 1-4).
For claim 129, Doron discloses the wireless monitor of claim 1, wherein the physiological parameter data comprises digital bits (Figs 1-4) (Cols 1-4).
For claim 130, Doron discloses the wireless monitor of claim 1, wherein the sensor comprises one or more of a pressure transducer, a velocity sensor, a flow sensor, a blood oxygen sensor, a temperature sensor, an impedance sensor, an electrical sensor, a heart rate sensor, a breathing rate sensor, a neural sensor, an audio sensor, a front-end amplifier, a filter, an analog-to-digital converter, a comparator, a reference generator, a supply generator, a digital controller, a timer circuit, an oscillator, and a clock circuit (Figs 1-4) (Cols 1-4).
For claim 131, Doron discloses the wireless monitor of claim 18, wherein the wireless device is an external wireless device (Figs 1-4) (Cols 1-4, esp Col 2) configured to be disposed physically separate from the wireless monitor (Figs 1-4) (Cols 1-4).
For claim 132, Doron discloses the wireless monitor of claim 1, wherein the physiological parameter is a first physiological parameter and the sensor is configured to measure a second physiological parameter based at least in part on the physiological parameter data (Figs 1-4) (Cols 1-4), the second physiological parameter being different (other signals of Col 3) from the first physiological parameter (Figs 1-4) (Cols 1-4).
For claim 133, Doron discloses a wireless monitor, comprising inter alia:
a sensor (pressure sensor) (Figs 1-4) (Cols 1-4) configured to measure a first physiological parameter of a patient at a first resolution (Figs 1-4) (Cols 1-4) comprising a first timing resolution and a first amplitude resolution (Figs 1-4) (Cols 1-4); and
a processor (control unit) (Figs 1-4) (Cols 1-4) configured to generate physiological parameter data based on the measured first physiological parameter of the patient at the first resolution (Figs 1-4) (Cols 1-4),
wherein the sensor is configured to measure a second physiological parameter of the patient at a second resolution based at least in part on the physiological parameter data (Figs 1-4) (Cols 1-4), the second physiological parameter different than the first physiological parameter (other signals of Col 3) and comprising one or more of an intracardiac pressure, an intravascular pressure, and a blood pressure (Figs 1-4) (Cols 1-4), and wherein the second resolution comprises a second timing resolution different from the first timing resolution and a second amplitude resolution different from the first amplitude resolution (Figs 1-4) (Cols 1-4).
For claim 134, Doron discloses the wireless monitor of claim 133, wherein: the first resolution comprises one or more of a number of bits per sample, a sampling rate, a sampling duration, and an OSR, and the second resolution comprises one or more of a number of bits per sample, a sampling rate, a sampling duration, and an OSR (Figs 1-4) (Cols 1-4).
For claim 135, Doron discloses the wireless monitor of claim 133, wherein measuring the first physiological parameter at the first resolution consumes lower energy than measuring the second physiological parameter at the second resolution (Figs 1-4) (Cols 1-4).
Response to Arguments
Applicant’s arguments with respect to the claim(s) being rejected under Doron have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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Jeffrey G. Hoekstra
Primary Examiner
Art Unit 3791
/JEFFREY G. HOEKSTRA/ Primary Examiner, Art Unit 3791
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