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 § 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) 21-33 and 35-45 are rejected under 35 U.S.C. 103 as being unpatentable over Ferlito (US 2017/0024537 A1), hereinafter referred to as D1, in view of Reis (US 2017/0006620 A1), hereinafter referred to as D2, in further view of Worrell et al. (US 2014/0018779 A1), hereinafter referred to as D4.
Regarding claim 21, 41, and 42, D1 discloses a mobile telemedicine unit, which comprises:
A router connected to a plurality of transceivers and configured to transmit or receive at least two or more wireless communications protocols via at least two or more antennas, wherein a first antenna is configured to communicate using a first communication network and a second antenna is configured to communicate using a second communication network different from the first communication network (Referring to Figures 1 and 6, mobile telemedicine unit 10 comprises at a band covert antenna and a hi-gain antenna. A 4G/LTE gateway modem is also included for cellular carriers, and includes a router for livestreaming a patient’s information via either cellular (first communication network) or satellite signals (second communication different from the first communication network) See paragraphs 0028 and 0037.);
a controller connected to the transceiver and configured to (Referring to Figures 1 and 6, controller connected modem for connecting to 4G/LTE gateway. See paragraph 0028.) establish, via the router, a communications session (Referring to Figures 1 and 6, the mobile telemedicine session is formed between a client and command post. See paragraphs 0034-0040.), one or more peripheral devices operably connected to the controller and configured to provide data to a remote evaluation center via the controller during the communication session (Referring to Figures 1 and 6, diagnostic devices 34 (peripheral devices) connected to computing system to provide medical diagnosis (data) to computing device 60 and physician 62, or central command post, (remote evaluation center) via the computing system during the telemedicine session. See paragraphs 0030 and 0034-0039.)
D1 does not disclose wherein the controller is configured to, via the router, dynamically switch between the at least two or more antennas from an antenna having high packet loss or latency to an antenna having lower packet loss or latency.
D2 teaches a sensing algorithm senses manual inputs from a user requesting a communication and/or senses automatic conditions for initiating or controlling communications. The automatic conditions, for example, sense when a portable communications device is operating with a local unit using cellular communication and when the cellular communication has a high error rate resulting in a dropped cellular call. The control unit senses the dropped call and automatically senses the need for and selects a satellite communication to the same called party (called number or called address). Similarly, the sensing algorithm, after initiating a satellite call in response to a dropped cellular call, senses the return of a satisfactory cellular signal, selects a cellular call and drops the satellite call once the cellular call is reestablished. Many other automatic operations are under control of the control unit. As another example, a portable communications device user may request a cellular call when a satisfactory cellular signal is not available. The control unit senses the condition and automatically selects a satellite call in place of the unavailable cellular call. See paragraphs 0034-0036.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the automatic service switching of D2 in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to improve system connectivity for portable devices in high signal loss areas through automatic switching, as taught by D2. See paragraphs 0030-0032.
D1 does not disclose one or more alerts are received from the remote evaluation center during the communication session, wherein the alerts are based on the data provided by the one or more peripheral devices.
D4 teaches reminders and alerts can be provided by the patient care unit 102, or by a remote computing device, or by a remote healthcare professional who is alerted by the telemedicine care system 100. The reminders and alerts can be provided by e-mail, text message, telephone call, calls through the patient care unit, audible or visible alarms through the patient care unit 102, or by alerting another person (e.g., a family member or other care provider) who can then assist the patient. The medication management system can also assist the patient in determining the best course of action when the patient does not take one or more prescription medications on time. For example, the medication management system may advise the patient to take the medication now, or may recommend that the patient skip that dose and resume taking the medication at the next scheduled time. See paragraphs 0193-0195.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the alerting according to the medication management system of D4 in the system of D1 and D2. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to provide automatic feedback based upon diagnostic devices at the patient according to programmed alerts; thereby, improving the response time to a patient experiencing a serious health condition.
Regarding claim 22, D1 does not disclose wherein the controller is configured to mask outages or reduced bandwidth of the first communication and the second communication network by switching between the at least two or more antennas to maintain the communications session.
D2 teaches a sensing algorithm senses manual inputs from a user requesting a communication and/or senses automatic conditions for initiating or controlling communications. The automatic conditions, for example, sense when a portable communications device is operating with a local unit using cellular communication and when the cellular communication has a high error rate resulting in a dropped cellular call. The control unit senses the dropped call and automatically senses the need for and selects a satellite communication to the same called party (called number or called address) (mask outages by switching between the at least two or more antennas to maintain the communication session). Similarly, the sensing algorithm, after initiating a satellite call in response to a dropped cellular call, senses the return of a satisfactory cellular signal, selects a cellular call and drops the satellite call once the cellular call is reestablished. Many other automatic operations are under control of the control unit. As another example, a portable communications device user may request a cellular call when a satisfactory cellular signal is not available. The control unit senses the condition and automatically selects a satellite call in place of the unavailable cellular call. See paragraphs 0034-0036.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the automatic service switching of D2 in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to improve system connectivity for portable devices in high signal loss areas through automatic switching, as taught by D2. See paragraphs 0030-0032.
Regarding claim 23, the primary reference further teaches wherein the first communication network comprises cellular communications or fiber optic communications and the second communication network comprises satellite communications (Referring to Figures 1 and 6, mobile telemedicine unit 10 comprises at a band covert antenna and a hi-gain antenna. A 4G/LTE gateway modem is also included for cellular carriers, and includes a router for livestreaming a patient’s information with a physician for treatment of illness or disease via either cellular or satellite signals See paragraphs 0028 and 0037.)
Regarding claim 24, the primary reference further teaches wherein the communications session further comprises radio communications (Referring to Figures 1 and 6, mobile telemedicine unit 10 comprises at a band covert antenna and a hi-gain antenna. A 4G/LTE gateway modem is also included for cellular carriers (cellular radio communications), and includes a router for livestreaming a patient’s information with a physician for treatment of illness or disease via either cellular or satellite signals See paragraphs 0028 and 0037.)
Regarding claim 25, D1 does not disclose wherein the controller is further configured to, via the router, dynamically switch between the at least two or more antennas from an antenna having high packet loss or latency to an antenna having lower packet loss or latency upon detecting a transient network loss.
D2 teaches a sensing algorithm senses manual inputs from a user requesting a communication and/or senses automatic conditions for initiating or controlling communications. The automatic conditions, for example, sense when a portable communications device is operating with a local unit using cellular communication and when the cellular communication has a high error rate resulting in a dropped cellular call. The control unit senses the dropped call and automatically senses the need for and selects a satellite communication to the same called party (called number or called address) (dynamically switch between the at least two or more antennas from an antenna having high packet loss or latency to an antenna having lower packet loss or latency upon detecting a transient network loss). Similarly, the sensing algorithm, after initiating a satellite call in response to a dropped cellular call, senses the return of a satisfactory cellular signal, selects a cellular call and drops the satellite call once the cellular call is reestablished. Many other automatic operations are under control of the control unit. As another example, a portable communications device user may request a cellular call when a satisfactory cellular signal is not available. The control unit senses the condition and automatically selects a satellite call in place of the unavailable cellular call. See paragraphs 0034-0036.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the automatic service switching of D2 in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to improve system connectivity for portable devices in high signal loss areas through automatic switching, as taught by D2. See paragraphs 0030-0032.
Regarding claim 26, D1 does not disclose wherein the controller is configured to, via the router, dynamically switch between the at least two or more antennas to mitigate a high-latency of packets.
D2 teaches a sensing algorithm senses manual inputs from a user requesting a communication and/or senses automatic conditions for initiating or controlling communications. The automatic conditions, for example, sense when a portable communications device is operating with a local unit using cellular communication and when the cellular communication has a high error rate resulting in a dropped cellular call. The control unit senses the dropped call and automatically senses the need for and selects a satellite communication to the same called party (called number or called address) (dynamically switch between the at least two or more antennas to mitigate a high-latency of packets). Similarly, the sensing algorithm, after initiating a satellite call in response to a dropped cellular call, senses the return of a satisfactory cellular signal, selects a cellular call and drops the satellite call once the cellular call is reestablished. Many other automatic operations are under control of the control unit. As another example, a portable communications device user may request a cellular call when a satisfactory cellular signal is not available. The control unit senses the condition and automatically selects a satellite call in place of the unavailable cellular call. See paragraphs 0034-0036.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the automatic service switching of D2 in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to improve system connectivity for portable devices in high signal loss areas through automatic switching, as taught by D2. See paragraphs 0030-0032.
Regarding claim 27, the primary reference further teaches wherein the communication system is a stand-alone system (Referring to Figure 1, mobile telemedicine unit (stand-alone system) located in an ambulance, operating in a multitude of different environments as claimed. See paragraph 0020.)
Regarding claim 28, the primary reference further teaches wherein the communication system is portable (Referring to Figure 1, mobile telemedicine unit (stand-alone system) located in an ambulance, operating in a multitude of different environments as claimed. See paragraph 0020.)
Regarding claims 29 and 44, the primary reference further teaches wherein the communication system is configured for use in a vehicle (Referring to Figure 1, mobile telemedicine unit (configured for use in a vehicle) located in an ambulance, operating in a multitude of different environments as claimed, including a moving vehicle as the device is mounted or carried in a vehicle. See paragraph 0020 and 0030-0032.)
Regarding claim 30, the primary reference further teaches wherein the communication session comprises communication with a second vehicle (Referring to Figures 1 and 6, providing a live stream of packets across satellite or cellular link that provides real-time communications between a medical personnel in the vehicle and a physician in a hospital. The patient's information is streamed live over a cellular or satellite signal to a healthcare provider (i.e. physician, physician's assistant, nurse or the like) with the minimum of a HIPPA compliant AES128 bit encrypted transmission (enhanced transport layer). See paragraph 0037. The communication session capable of being with another vehicle as the destination can comprise any device capable of receiving the session.)
Regarding claim 31, the primary reference further teaches wherein the communication system is configured for use in an aviation vehicle (Referring to Figures 1 and 6, providing a live stream of packets across satellite or cellular link that provides real-time communications between a medical personnel in the vehicle and a physician in a hospital. The patient's information is streamed live over a cellular or satellite signal to a healthcare provider (i.e. physician, physician's assistant, nurse or the like) with the minimum of a HIPPA compliant AES128 bit encrypted transmission (enhanced transport layer). See paragraph 0037. The communication system capable of being configured for use in an aviation vehicle.)
Regarding claim 32, the primary reference further teaches wherein the communications session is configured to transmit data comprising: i) voice and video data, ii) textual data, iii) imaging data, iv) telemetry data, v) tele-operation command communications; and vi) combinations thereof (Referring to Figures 1 and 6, providing a live stream of packets across satellite or cellular link that provides real-time communications between a medical personnel in the vehicle and a physician in a hospital (voice/video/textual). The patient's information is streamed live over a cellular or satellite signal to a healthcare provider (i.e. physician, physician's assistant, nurse or the like) with the minimum of a HIPPA compliant AES128 bit encrypted transmission (enhanced transport layer). See paragraphs 0033-0034 and 0037. The communication system capable of being configured for use in an aviation vehicle.)
Regarding claim 33, the primary reference further teaches wherein the communications session is configured to provide a low bandwidth teleconference session (Referring to Figures 1 and 6, Telemedicine is a generally known telecommunication providing remote medical services. Generally, healthcare professionals can communicate with patients and other healthcare professionals from different locations, in particular, for remote patient monitoring. See paragraphs 0005-0007. Communications/information/etc are operably compressed to run over low bandwidths, most preferably, automatically compressed, e.g., employing software, low bandwidth software, etc. suitable for automatic compression for transmission. See paragraph 0020-0021. Under a broad literal reasonable interpretation the session can be considered a low bandwidth teleconference session.)
Regarding claim 35, the primary reference further teaches a primary power source; a secondary power source; wherein the communication system is configured to switch from the primary power source to the secondary power source when the primary power source becomes unavailable (Referring to Figures 1 and 6, This portable, easy to carry, system has all the equipment included in the hardwired vehicle system described above and further below, except for the optional overhead camera or dash cam. A first responder simply opens the rugged, water-proof case and plugs in the 12V DC power cord 29 to establish a mobile medical station. Preferably, the unit 10 is powered by either a 12V power cord plugged into the vehicle's supplied power outlet or into a 110V standard power plug (primary source). Alternatively, the system is a hardwired 31 vehicle system. According to an embodiment of the present invention, the unit 10 includes rechargeable battery power 25 (secondary source, configured to use when primary power source becomes unavailable) within the casing 22. See paragraphs 0028-0030.)
Regarding claims 36 and 43, the primary reference further teaches wherein the controller is configured to receive data from one or more peripheral devices and transmit the data using the communications session, the one or more peripheral devices comprising at least one of: an ultrasound device; a photoacoustic device; a spectroscopy device; an electroencephalogram device; an electromagnetic device; a remote sensor; a thermoacoustic tomography device; a laser-induced photoacoustic tomography device; a Doppler photoacoustic device; a computed tomography device; a positron emission tomography imaging device; a single-photon emission computed tomography device; an x-ray imaging device; and a magnetic resonance imaging device (Referring to Figures 1 and 6, The mobile telemedicine unit 10 further includes a plurality of medical diagnosis devices indicated generally at 34. Preferably, at least an otoscope 30 and a stethoscope 32. At least one universal serial (USB) hub 70 with a plurality of ports 72 is provided. The medical diagnosis devices 32 are selectively plugged into the ports 72. The USB hub 70 is mountable to either the first or second half 26,28 of the casing 22, preferably, to the second half 28 operably readily accessible for plugging in any peripheral devices. Preferably, the otoscope 30 is a wireless digital otoscope. Preferably, the stethoscope 32 is a wireless electronic stethoscope 32. Most preferably, a wireless, digital video otoscope with internal light and photo snap shot capability. Alternative and/or additional medical diagnosis devices can be incorporated including, but not limited, to an ECG device, ultrasound device, etc., depending on the particular application. The data from the peripheral device processed locally before sending to destination. See paragraphs 0029-0031.)
Regarding claim 37, the primary reference further teaches wherein the controller is configured to receive and transmit the data from the one or more peripheral devices in real-time or monitor the data for a predetermined period of time (Referring to Figures 1 and 6, The mobile telemedicine unit 10 further includes a plurality of medical diagnosis devices indicated generally at 34. Preferably, at least an otoscope 30 and a stethoscope 32. At least one universal serial (USB) hub 70 with a plurality of ports 72 is provided. The medical diagnosis devices 32 are selectively plugged into the ports 72. The USB hub 70 is mountable to either the first or second half 26,28 of the casing 22, preferably, to the second half 28 operably readily accessible for plugging in any peripheral devices. Preferably, the otoscope 30 is a wireless digital otoscope. Preferably, the stethoscope 32 is a wireless electronic stethoscope 32. Most preferably, a wireless, digital video otoscope with internal light and photo snap shot capability. Alternative and/or additional medical diagnosis devices can be incorporated including, but not limited, to an ECG device, ultrasound device, etc., depending on the particular application. See paragraphs 0029-0031. Maintaining real-time audio and video, in combination with being simultaneously recordable, is a significant benefit to patient diagnosis and care. See paragraphs 0033-0034.)
Regarding claim 38, the primary reference further teaches wherein the controller is configured to receive and transmit data from one or more peripheral devices, the data characterizing a flow velocity, flow direction, and a pressure (Referring to Figures 1 and 6, The mobile telemedicine unit 10 further includes a plurality of medical diagnosis devices indicated generally at 34. Preferably, at least an otoscope 30 and a stethoscope 32. At least one universal serial (USB) hub 70 with a plurality of ports 72 is provided. The medical diagnosis devices 32 are selectively plugged into the ports 72. The USB hub 70 is mountable to either the first or second half 26,28 of the casing 22, preferably, to the second half 28 operably readily accessible for plugging in any peripheral devices. Preferably, the otoscope 30 is a wireless digital otoscope. Preferably, the stethoscope 32 is a wireless electronic stethoscope 32. Most preferably, a wireless, digital video otoscope with internal light and photo snap shot capability. Alternative and/or additional medical diagnosis devices can be incorporated including, but not limited, to an ECG device, ultrasound device (measures flow direction), etc., depending on the particular application. See paragraphs 0029-0031. Maintaining real-time audio and video, in combination with being simultaneously recordable, is a significant benefit to patient diagnosis and care. See paragraphs 0033-0034.)
Regarding claim 39, the primary reference further teaches wherein the controller is operably coupled to at least one or more peripheral devices, the one or more peripheral devices comprising: i) one or more imaging devices, ii) one or more input/output devices, iii) one or more displays, or iv) a combination thereof (Referring to Figures 1 and 6, This sophisticated, yet simple to use system provides live access from high quality IP cameras (e.g., webcam) (imaging device/one or more input/output devices) using a touch screen interfaced CPU of the computing device. When an emergency call is initiated from an ambulance or other location of patient care or the hospital, the cameras are activated, e.g., automatically or by touch screen selection, and can be viewed live to help paramedics and emergency physicians treat patients in critical need of life saving procedures. Not only is this a live access system allowing real-time audio and video, but sessions are also recordable for quality, documentation, training and compliance purposes. See paragraphs 0019-0021.)
Regarding claim 40, the primary reference further teaches wherein the communication system is configured to be applied to an application in: i) a rural environment, ii) an urban environment, iii) an extreme rural environment, iv) a mountainous environment, v) a maritime environment, vi) an aviation environment, vii) an inaccessible environment, or viii) a combination thereof (Referring to Figures 1 and 9, the network 66 connection is maintainable even in the most rural areas, without dropped calls or redialing to connect. The system can also transmit and receive on a cellular signal, at least as low as 36 KPS, a low resolution video—5 FPS with audio. See paragraphs 0034-0036 and 0040.)
Regarding claim 45, D1 does not disclose adjusting a data send rate to reduce packet loss and minimize resent packets.
D2 teaches the control unit includes a parameter algorithm for controlling communications for the device based upon parameters such as a low battery parameter, a bandwidth parameter for controlling data rate and a software parameter for controlling software to modify the system budget in a software controlled transceiver. See paragraphs 0033-0035.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the automatic service switching of D2 in the system of D1. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to improve system connectivity for portable devices in high signal loss areas through automatic switching, as taught by D2. See paragraphs 0030-0032.
Claim(s) 34 is rejected under 35 U.S.C. 103 as being unpatentable over Ferlito (US 2017/0024537 A1), hereinafter referred to as D1, in view of Reis (US 2017/0006620 A1), hereinafter referred to as D2, in further view of Brown et al. (US 2014/0160432 A1), hereinafter referred to as D3.
Regarding claim 34, D1 does not disclose wherein the communications session is configured to transmit raman spectroscopy data.
D7 teaches the combination of interrogation signal source that includes a tunable laser source 502c and response signal sensor that includes a Raman spectroscope 506c based on a CCD camera may be suited for detecting, e.g. hormones 526c such as epinephrine 526c1, norepinephrine 526c2, or hydrocortisone 526c3, in aqueous humor 504c1, or blood vessels 504c2 in conjunctiva or retina. See paragraph 0123. Heart rates are determined by eye interrogation with ultrasound waves and transmitted to a computer for storage and comparison to average values for the computer user. Abnormal heart rate is reported to the computer user. Moreover, ocular pulsation data may be used to identify other diseases. For example, ocular pulse distortions may indicate: carotid stenosis, potential stroke and glaucoma. The eye interrogation system may alert the computer user when ocular pulsation data indicate potential diseases exist. See paragraph 0137.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to implement the interrogation utilizing the raman spectroscopy of D3 in the system of D1 and D2. One of ordinary skill in the art before the effective filing date of the invention would have been motivated to do so to include additional medical equipment that would assist emergency personal in diagnosing life-threatening conditions, such as a stroke.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tran, Bao (US 2009/0227876 A1) - A health care monitoring system for a person includes one or more wireless nodes forming a wireless mesh network to communicate data over the wireless mesh network to detect a heart attack or a stroke attack.
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 DONALD L MILLS whose telephone number is (571)272-3094. The examiner can normally be reached Monday through Friday from 9-5 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yemane Mesfin can be reached at 571-272-3927. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
DONALD L. MILLS
Primary Examiner
Art Unit 2462
/Donald L Mills/ Primary Examiner, Art Unit 2462