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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 17, 2026 has been entered.
Status of Claims
The rejections of claims 1, 2, 4, and 5 under 35 U.S.C. 102(a)(2) and claims 3, 6-11, and 20 under 35 U.S.C. 103 have been withdrawn in light of the Applicant’s amendments and arguments.
Claims 1 and 7 have been amended. Thus, claims 1-20 are presented for examination.
Allowable Subject Matter
Claims 12-19 are allowed.
The following is an examiner’s statement of reasons for allowance: The most similar art of record, Al-Ali [U.S. Patent Publication 2022/022748], discloses a sensor assembly for a patient (paragraph 0048 and figure 2B, item 202) where identification information is transmitted from it to a patient monitoring system (paragraph 0006), a reusable and detachable module having an RFID antenna used for communications which denotes the use of an RFID tag (paragraph 0061) where an embedded RFID chip containing an identifying information unique to the reusable module (paragraph 0147), a memory in a pairing device (figure 2B, item 256) where the memory is RFID technology which stores identification information for the reusable module (paragraph 0151), sensor assemblies attached to a patient used for transmitting physiological information about the patient (paragraph 0047, figure 2A, items 202A, 202B, 202C, and 202D), and identification information is transmitted from it to a patient monitoring system (paragraph 0006) and sensor assemblies attached to a patient used for transmitting physiological information about the patient (paragraph 0047, figure 2A, items 202A, 202B, 202C, and 202D). The second most similar art of record, Teague [U.S. Patent Publication 2010/0315225], discloses a handheld device in communication with a patient wristband where the device periodically requests the wristband’s identification to identify the patient and the physiological data acquired by the sensor (paragraph 0040) and display the retrieved information on its display (paragraph 0055 and figure 13, item 173). However, no art of record discloses a first radio-frequency identification (RFID) tag that transmits a first removable pack identification, a second radio-frequency identification (RFID) tag that transmits a second removable pack identification, associate the sensor identification with a patient identification of the patient during the first period, associate the first removable-pack identification with the patient identification during the second period and based on the first RFID data, and changing an association of the patient identification from the first-removable-pack identification to the second-removable pack ID after the second period and based on the second RFID data.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 2, 4, and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Al-Ali [U.S. Patent Publication 2022/0022748] in view of Gonzalez et al. [U.S. Patent Publication 2018/0216906]
With regard to claim 1, Al-Ali meets the limitations of:
a patient-monitoring device comprising a sensor that includes a sensor identification [a sensor assembly for a patient (paragraph 0048 and figure 2B, item 202) where identification information is transmitted from it to a patient monitoring system (paragraph 0006)]
a removable pack that connects to and disconnects from the sensor [a dock and reusable module being connected to one another via electrical contacts where the two can be connected and separated from one another (paragraph 0085 and figure 2B, items 222, 250, 228, and 258)]
the removable pack includes a radio-frequency identification (RFID) tag that transmits a removable-pack identification [a reusable and detachable module having an RFID antenna used for communications which denotes the use of an RFID tag (paragraph 0061) where an embedded RFID chip containing an identifying information unique to the reusable module (paragraph 0147)]
a memory that stores RFID data that is associated with the removable-pack identification [a memory in a pairing device (figure 2B, item 256) where the memory is RFID technology which stores identification information for the reusable module (paragraph 0151)]
when the sensor is connected to a patient [sensor assemblies attached to a patient (paragraph 0047, figure 2A, items 202A, 202B, 202C, and 202D as well as figure 2B, item 202)]
the sensor senses patient data [sensor assemblies attached to a patient used for transmitting physiological information about the patient (paragraph 0047, figure 2A, items 202A, 202B, 202C, and 202D)]
the patient-monitoring device communicates the patient data, the sensor identification, and the RFID data to a remote computer system [a sensor assembly for a patient (paragraph 0048 and figure 2B, item 202) where identification information is transmitted from it to a patient monitoring system (paragraph 0006) and sensor assemblies attached to a patient used for transmitting physiological information about the patient (paragraph 0047, figure 2A, items 202A, 202B, 202C, and 202D)]
However, Al-Ali fails to disclose of the sensor receiving the RFID data from the removable pack. In the field of RFID communications, Gonzalez et al. teaches:
the sensor receives the RFID data from the removable pack [an RFID transponder in a removeable asset tag that is communication with an RFID reader when it is read by the aforementioned RFID reader (paragraphs 0003, 0031 and 0032)]
It would be obvious to one with ordinary skill in the art before the effective filing date to combine the elements of Al-Ali and Gonzalez et al. to create a wireless and reusable patient monitor for monitoring a patient where the system is able to communicate with both the sensor and the removable RFID device in order to identify the RFID tag that is paired with the patient sensor in order to properly identify the sensor that is providing information regarding a monitored patient wherein the motivation to combine is to create a wireless sensor used for collecting physiological information from a monitored patient (Al-Ali, paragraph 0002).
With regard to claim 2, Al-Ali meets the limitation of:
the removable pack is connected to the sensor [a dock, that is connected to a sensor, and reusable module being connected to one another via electrical contacts where the two can be connected and separated from one another (paragraph 0085 and figure 2B, items 222, 240, 250, 228, and 258)]
the sensor receives the RFID data from the removable pack [a reusable module having an RFID antenna used for communications which denotes the use of an RFID tag (paragraph 0061) where the RFID antenna is in communications with a computing system where it transmits physiological data to the said computing system (paragraph 0049 and figure 2B, items 204, 206, 222, 240, 250, 228, and 258)]
communicates the RFID data to the remote computer system [a reusable module having an RFID antenna used for communications which denotes the use of an RFID tag (paragraph 0061) where the RFID antenna is in communications with a computing system where it transmits physiological data to the said computing system (paragraph 0049 and figure 2B, items 204, 206, 222, 240, 250, 228, and 258)]
With regard to claim 4, Al-Ali meets the limitation of:
the memory is a read-only memory [memory being of a read-only memory type (paragraph 0062)]
With regard to claim 5, Al-Ali meets the limitation of:
the RFID data includes the removable-pack identification [a reusable and detachable module having an RFID antenna used for communications which denotes the use of an RFID tag (paragraph 0061) where an embedded RFID chip containing an identifying information unique to the reusable module (paragraph 0147)]
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Al-Ali [U.S. Patent Publication 2022/0022748] in view of Gonzalez et al. [U.S. Patent Publication 2018/0216906], and in further view of Suzuki et al. [U.S. Patent Publication 2001/0047892]
With regard to claim 3, Al-Ali meets the limitation of:
the removable pack [a reusable and detachable module having an RFID antenna used for communications which denotes the use of an RFID tag (paragraph 0061)]
However, Al-Ali fails to disclose of a battery and/or a metal plate that covers or substantially covers the sensor. In the field of sensor devices, Suzuki et al. teaches:
battery and/or a metal plate that covers or substantially covers the sensor [a metal protection cover used for protecting a sensor (paragraph 0037)]
It would be obvious to one with ordinary skill in the art before the effective filing date to combine the elements of Al-Ali, Gonzalez et al., and Suzuki et al. to create a wireless and reusable patient monitor for monitoring a patient where the sensor used for monitoring the patient is protected using a metal plate in order to prevent damages to the sensor wherein the motivation to combine is to create a wireless sensor used for collecting physiological information from a monitored patient (Al-Ali, paragraph 0002).
Claim(s) 6-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Al-Ali [U.S. Patent Publication 2022/0022748] in view of Gonzalez et al. [U.S. Patent Publication 2018/0216906], and in further view of Teague [U.S. Patent Publication 2010/0315225]
With regard to claim 6, Al-Ali fails to disclose of the RFID tag is readable by a handheld mobile device so that, when the removable-pack identification is received by the handheld mobile device, the patient data is displayed on the handheld mobile device. In the field of wireless patient monitors, Teague teaches:
the RFID tag is readable by a handheld mobile device so that, when the removable-pack identification is received by the handheld mobile device, the patient data is displayed on the handheld mobile device [a handheld device in communication with a patient wristband where the device periodically requests the wristband’s identification to identify the patient and the physiological data acquired by the sensor (paragraph 0040) and display the retrieved information on its display (paragraph 0055 and figure 13, item 173)]
It would be obvious to one with ordinary skill in the art before the effective filing date to combine the elements of Al-Ali, Gonzalez et al., and Teague to create a wireless and reusable patient monitor for monitoring a patient where the sensor used for monitoring the patient is in communication with a handheld reading device where the device can obtain physiological and identification information from the sensor for monitoring the patient along with identifying the patient who has the captured sensor readings wherein the motivation to combine is to create a wireless sensor used for collecting physiological information from a monitored patient (Al-Ali, paragraph 0002).
With regard to claim 7, Al-Ali meets the limitations of:
the patient-monitoring device of claim 1 [a sensor assembly for a patient (paragraph 0048 and figure 2B, item 202) where identification information is transmitted from it to a patient monitoring system (paragraph 0006)]
the remote computing system [a sensor assembly for a patient (paragraph 0048 and figure 2B, item 202) where identification information is transmitted from it to a patient monitoring system (paragraph 0006) and sensor assemblies attached to a patient used for transmitting physiological information about the patient (paragraph 0047, figure 2A, items 202A, 202B, 202C, and 202D)]
the remote computing system is programmed and/or configured to receive the sensor identification after the sensor is attached to the patient [a sensor assembly for a patient (paragraph 0048 and figure 2B, item 202) where identification information is transmitted from it to a patient monitoring system (paragraph 0006) and sensor assemblies attached to a patient used for transmitting physiological information about the patient (paragraph 0047, figure 2A, items 202A, 202B, 202C, and 202D)]
receive the RFID data from the patient-monitoring device after the removable pack is connected to the sensor [a sensor assembly for a patient (paragraph 0048 and figure 2B, item 202) where identification information is transmitted from it to a patient monitoring system (paragraph 0006) and sensor assemblies attached to a patient used for transmitting physiological information about the patient (paragraph 0047, figure 2A, items 202A, 202B, 202C, and 202D) where the reusable and detachable module having an RFID antenna used for communications which denotes the use of an RFID tag (paragraph 0061) where an embedded RFID chip containing an identifying information unique to the reusable module (paragraph 0147)]
However, Al-Ali fails to disclose of reading patient identification of the patient, a handheld mobile device that reads the RFID tag to receive the removable-pack identification and that transmits the removable-pack identification to the remote computing system, wherein the remote computing system is programmed and/or configured to receive the removable-pack identification and the patient identification from the handheld mobile device, associate the sensor identification with a patient identification of the patient for a first period during which the patient-monitoring device is connected to the patient, and associate the removable-pack identification with the patient identification for a second period during which the removable pack is connected to the sensor send patient data to the handheld mobile device after receiving the removable-pack identification from the handheld mobile device. In the field of wireless patient monitors, Teague teaches:
a handheld mobile device that reads the RFID tag to receive the removable-pack identification and that transmits the removable-pack identification to the remote computing system and reading patient identification of the patient [a handheld device in communication with a patient wristband where the device periodically requests the wristband’s identification to identify the patient, using the patient’s ID (paragraph 0035) and the physiological data acquired by the sensor (paragraph 0040) where the handheld device is part of a hospital communications network used to communicate with the wristband and the hospital network (paragraphs 0037 and 0038)]
wherein the remote computing system is programmed and/or configured to receive the removable-pack identification and the patient identification of the patient from the handheld mobile device [a handheld device in communication with a patient wristband where the device periodically requests the wristband’s identification to identify the patient (paragraph 0040) where the handheld device is part of a hospital communications network used to communicate with the wristband and the hospital network (paragraphs 0037 and 0038) where the gateway also receives the patient ID (paragraph 0035)]
associate the sensor identification with a patient identification of the patient for a first period during which the patient-monitoring device is connected to the patient [a handheld device in communication with a patient wristband where the device periodically requests the wristband’s identification to identify the patient (paragraph 0040) where the handheld device is part of a hospital communications network used to communicate with the wristband and the hospital network (paragraphs 0037 and 0038)]
associate the removable-pack identification with the patient identification for a second period during which the removable pack is connected to the sensor send patient data to the handheld mobile device after receiving the removable-pack identification from the handheld mobile device [a handheld device in communication with a patient wristband where the device periodically requests the wristband’s identification to identify the patient and the physiological data acquired by the sensor (paragraph 0040) where the handheld device is part of a hospital communications network used to communicate with the wristband and the hospital network (paragraphs 0037 and 0038)]
It would be obvious to one with ordinary skill in the art before the effective filing date to combine the elements of Al-Ali, Gonzalez et al., and Teague to create a wireless and reusable patient monitor for monitoring a patient where the sensor used for monitoring the patient is in communication with a handheld reading device where the device can obtain physiological and identification information from the sensor for monitoring the patient along with identifying the patient who has the captured sensor readings wherein the motivation to combine is to create a wireless sensor used for collecting physiological information from a monitored patient (Al-Ali, paragraph 0002).
With regard to claim 8, Al-Ali fails to disclose of the first period is longer than the second period. In the field of wireless patient monitors, Teague teaches:
the first period is longer than the second period [a handheld device in communication with a patient wristband where the device periodically requests the wristband’s identification to identify the patient and the physiological data acquired by the sensor (paragraph 0040) where the periodic requests for identification information are shorter than the periods of acquiring the medical data as they happen less than the moments where medical data is acquired]
It would be obvious to one with ordinary skill in the art before the effective filing date to combine the elements of Al-Ali, Gonzalez et al., and Teague to create a wireless and reusable patient monitor for monitoring a patient where the sensor used for monitoring the patient is in communication with a handheld reading device where the device can obtain physiological and identification information from the sensor in time periods of various durations for monitoring the patient along with identifying the patient who has the captured sensor readings wherein the motivation to combine is to create a wireless sensor used for collecting physiological information from a monitored patient (Al-Ali, paragraph 0002).
With regard to claim 9, Al-Ali fails to disclose of the first period is more than approximately 24 hours, and the second period is less than approximately 24 hours. In the field of wireless patient monitors, Teague teaches:
the first period is more than approximately 24 hours, and the second period is less than approximately 24 hours [a handheld device in communication with a patient wristband where the device periodically requests the wristband’s identification to identify the patient and the physiological data acquired by the sensor (paragraph 0040) where the periodic requests for identification information are shorter than the periods of acquiring the medical data as they happen less than the moments where medical data is acquired]
It would be obvious to one with ordinary skill in the art before the effective filing date to combine the elements of Al-Ali, Gonzalez et al., and Teague to create a wireless and reusable patient monitor for monitoring a patient where the sensor used for monitoring the patient is in communication with a handheld reading device where the device can obtain physiological and identification information from the sensor in time periods of various durations for monitoring the patient along with identifying the patient who has the captured sensor readings wherein the motivation to combine is to create a wireless sensor used for collecting physiological information from a monitored patient (Al-Ali, paragraph 0002).
With regard to claim 10, Al-Ali meets the limitations of:
a wireless local area network that includes the sensor and the remote computing system [a sensor assembly for a patient (paragraph 0048 and figure 2B, item 202) where identification information is transmitted from it to a patient monitoring system (paragraph 0006)]
However, Al-Ali fails to disclose of the handheld mobile device. In the field of wireless patient monitors, Teague teaches:
the handheld mobile device [a handheld device in communication with a patient wristband (paragraph 0040)]
It would be obvious to one with ordinary skill in the art before the effective filing date to combine the elements of Al-Ali, Gonzalez et al., and Teague to create a wireless and reusable patient monitor for monitoring a patient where the sensor used for monitoring the patient is in communication with a handheld reading device where the device can obtain physiological and identification information from the sensor for monitoring the patient along with identifying the patient who has the captured sensor readings wherein the motivation to combine is to create a wireless sensor used for collecting physiological information from a monitored patient (Al-Ali, paragraph 0002).
With regard to claim 11, Al-Ali fails to disclose of a remote monitoring system connected to the remote computing system. In the field of wireless patient monitors, Teague teaches:
a remote monitoring system connected to the remote computing system [a handheld device in communication with a patient wristband where the device periodically requests the wristband’s identification to identify the patient and the physiological data acquired by the sensor (paragraph 0040) where the handheld device is part of a hospital communications network used to communicate with the wristband and the hospital network (paragraphs 0037 and 0038)]
It would be obvious to one with ordinary skill in the art before the effective filing date to combine the elements of Al-Ali, Gonzalez et al., and Teague to create a wireless and reusable patient monitor for monitoring a patient where the sensor used for monitoring the patient is in communication with a handheld reading device where the device can obtain physiological and identification information from the sensor for monitoring the patient along with identifying the patient who has the captured sensor readings wherein the motivation to combine is to create a wireless sensor used for collecting physiological information from a monitored patient (Al-Ali, paragraph 0002).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Al-Ali [U.S. Patent Publication 2022/0022748] in view of Gonzalez et al. [U.S. Patent Publication 2018/0216906], and in further view of Penka [U.S. Patent Publication 2021/0264880]
With regard to claim 20, Al-Ali meets the limitation of:
the patient data includes physiological data of the patient [sensor assemblies attached to a patient used for transmitting physiological information about the patient (paragraph 0047, figure 2A, items 202A, 202B, 202C, and 202D)]
However, Al-Ali fails to disclose of the sensor identification uniquely identifies the sensor and the RFID data uniquely identifies the removable pack. In the field of electronic devices, Okuda et al. teaches:
the sensor identification uniquely identifies the sensor and the RFID data uniquely identifies the removable pack [individual components having individual identifications used for identifying devices (paragraph 0060)]
It would be obvious to one with ordinary skill in the art before the effective filing date to combine the elements of Al-Ali, Gonzalez et al., and Penka to create a wireless and reusable patient monitor for monitoring a patient where the sensor and removable pack have respective identifications and the patient data is acquired using sensors used for measuring physiological parameters of a person in order to enable a remote monitoring device to identify which data is wherein the motivation to combine is to create a wireless sensor used for collecting physiological information from a monitored patient (Al-Ali, paragraph 0002).
Response to Arguments
Applicant’s arguments with respect to the rejection(s) of claim(s) 1, 2, 4, and 5 under 35 U.S.C. 102(a)(2) and claims 3, 6-11, and 20 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Gonzalez et al. [U.S. Patent Publication 2018/0216906]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAMESHANAND MAHASE whose telephone number is (571) 270-7223. The examiner can normally be reached on Monday- Friday 8:00AM - 5:00PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached on 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PAMESHANAND MAHASE/Examiner, Art Unit 2689
/DAVETTA W GOINS/Supervisory Patent Examiner, Art Unit 2689