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 .
Status of the Claims
The office action is in response to the claim amendments and remarks filed on January 2, 2026 for the application filed February 7, 2023 which claims priority to a provisional application filed on December 29, 2021. Claims 1, 9 and 15 have been amended. Claims 1-20 are currently pending and have been examined.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-5, 8-12 and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Welsch (U.S. Pub. No. 2018/0015218) in view of Foelsch et al. (U.S. Pub. No. 2023/0057639).
Regarding claim 1, Welsch discloses a method comprising:
causing, by one or more processors, capture of an image that depicts an optically readable code exhibited by a measurement device that corresponds to a scheduled medical procedure (Paragraph [0053], the method can include optically reading the association code from the dynamic display 204 of medical device 200 with optical imaging device 106 of portable device 100. Optically reading a code can include imaging the code with sufficient image quality (for example, in terms of contrast, focus, distortion, etc.) such that information encoded in the code can be decoded. Paragraph [0044], medical device 200 can be a patient-monitoring apparatus such as a blood pressure monitor. Paragraph [0004], measuring a vital sign of a patient. Paragraph [0048], The association code can include any suitable association information. Paragraph [0049], Association information can include information about a specific medical function that the medical device is configured or intended to perform.. Paragraph [0066], Preconditions could include whether a date, time, and or location of association information are consistent with the same parameters of the portable device 100, or of information system 50. Preconditions could include whether association information relating to the specific medical function that the medical device is to perform and/or patient specific information agree with the same kind(s) of information already resident in the memory 110 of portable device 100, and/or in information system 50, which could be, for example, a hospital information system. Also see paragraph [0076], completion of a medical procedure.) ;
determining, by the one or more processors based on the optically readable code depicted by the captured image, a hardware identifier of a network interface of the measurement device and a location identifier of the measurement device (Paragraph [0053], Optically reading a code can also include the decoding of the information from an image captured by the optical imaging device 106. Paragraph [0048], The association code can include any suitable association information. Association information can include medical device identification information, which can be any of a Unique Device Identifier (UDI), a manufacturer specific identification code and/or serial number, a communication network identification code or address (for example, a media access control (MAC) address), a hospital- or other organization-specific identifier, or any other suitable identification information. Association information can include information about one or more expected or preferred communication channel(s) or mode(s) for future communication (e.g., Bluetooth, via hospital infrastructure WiFi, via a specified server, via a peer-to-peer WiFi network, etc.). Paragraph [0049], Association information can include date, time, and location information, and the like.);
establishing, by the one or more processors, a network connection with the measurement device based on the determined hardware identifier of the network interface of the measurement device, the established network connection providing access Paragraph [0061], Method 300 can include at 340, pairing the portable device 100 and the medical device 200, if predetermined conditions for entering paired communication are met. When paired, the portable device 100 and medical device 200 can be communicatively linked. Paragraph [0080], The identification information can include any suitable information that uniquely references a specific individual medical device, such as a Unique Device Identifier (UDI), a manufacturer specific identification code and/or serial number, a communication network identification code or address, a hospital- or other organization-specific identifier, or any other suitable identification information. In some examples, this information can include a unique network address of the specific individual medical device that allows portable device 100 to establish a communicative connection over communication infrastructure 12 to the medical device. Paragraph [0039], Portable device 100 can include a user interface, which can include hardware controls 102 such as buttons and/or dials and the like, and a display 104. The user interface can be configurable to present to a user virtual controls for a medical device that is paired with portable device 100. When display 104 is configured as a touchscreen display it can be suitable for providing a virtual control panel for a medical device with which the portable device 100 is paired. Such a virtual control panel can be configured to emulate the look and feel of the actual physical hardware of the medical device. Paragraph [0044], In other examples, medical device 200 can be a patient-monitoring apparatus such as a blood pressure monitor. Also see figs. 2 and 6.).
Welsch does not appear to explicitly disclose identifying, by the one or more processors, the scheduled medical procedure based on the location identifier determined based on the optically readable code exhibited by the measurement device; or that the established network connection providing access only to measurement data generated by the measurement device (Welsch discloses that connection can enable control of the medical device.).
Foelsch teaches that it was old and well known in the art of medical device pairing at the time of the filing to identify, by the one or more processors, a scheduled medical procedure based on a location identifier determined based on the readable code exhibited by the measurement device (Foelsch, paragraph [0048], To facilitate communicative pairing of user device 210 with medical system 206 and/or to convey contextual information about medical system 206, a beacon generator 212 (e.g., an ultrasonic transducer) is located within predefined area 204 and configured to generate and emit an ultrasonic beacon 214 that is associated with medical system 206. Paragraph [0051], ultrasonic beacon 214 may include a location identifier that identifies the predefined area (i.e., predefined area 204) in which ultrasonic beacon 214 is located. The location identifier may be, for example, a unique identification (“ID”) number (e.g., a room number) assigned to or otherwise representative of predefined area 204. Paragraph [0077], Association table 900 may be configured to specify, for example, which predefined area, medical system, beacon generator, and/or medical session are associated with one another at any given time. Paragraph [0078], Association table 900 may be configured to specify one or more predefined areas located within a medical facility. For example, as shown in column 902, association table 900 may specify a plurality of location IDs each uniquely identifying a predefined area located within the medical facility. Paragraph [0081], Association table 900 may be further configured to specify a medical session being performed within each predefined area and/or with each medical system. For example, as shown in column 908, a surgical session that has a surgical session ID of “Patient A” is associated with the predefined area that has the location ID of “OR001” and the medical system that has the medical system ID of “DV001.” Also see paragraphs [0044] and [0055].); and
establishing a network connection providing access only to measurement data generated by the measurement device (Foelsch, paragraph [0044], Medical system 206 may be any type of medical system that may be used to monitor, treat, and/or assist a patient located within medical facility 202. For example, medical system 206 may be a.. a monitoring device (e.g., a heartrate monitor, a blood pressure monitor, etc.). Paragraph [0045], Medical system 206 may be configured to communicatively pair with an auxiliary device when the auxiliary device is in proximity to medical system 206. Paragraph [0046], For example, as shown in FIG. 2 , a user 208 (e.g., a surgical team member 110) located within medical facility 202 may gain access, by way of a user device 210, to one or more functional features (e.g., an endoscopic video feed, a settings menu, medical system controls, etc.) associated with medical system 206 when user device 210 is communicatively paired with medical system 206. For instance, the user may, by way of an application executed by user device 210, view content associated with medical system 206, interact with medical system 206, and/or communicate with other users via additional user devices that are communicatively paired with medical system 206. Therefore, Foelsch contemplates the medical system only including a measurement device, such as a heartrate monitor, a blood pressure monitor, etc. and that the only viewing content associated with measurement device when paired.) to facilitate the use of an auxiliary device in conjunction with use of a medical system and to ensure that the auxiliary device receives and provides accurate and relevant information (Foelsch, paragraph [0002]).
Therefore, it would have been obvious to one of ordinary skill in the art of medical device pairing at the time of the filing to modify the method of Welsch to include identifying, by the one or more processors, the scheduled medical procedure based on the location identifier determined based on the optically readable code exhibited by the measurement device, such that the that the established network connection providing access only to measurement data generated by the measurement device that corresponds to the scheduled medical procedure is identified based on the location identifier of the measurement device, as taught by Foelsch, in order to facilitate the use of an auxiliary device in conjunction with use of a medical system and to ensure that the auxiliary device receives and provides accurate and relevant information.
Regarding claim 2, Welsch further discloses: extracting, from the optically readable code depicted by the captured image, a pairing trigger code (Paragraph [0068], initiating pairing can be configured to determine whether predetermined conditions for entering paired communication have been met. Paragraph [0066], Preconditions for entering paired communication at 340 can include any suitable preconditions relating to the association information of the association code optically read at 330. Paragraph [0048], The association code can include any suitable association information. Paragraph [0053], Optically reading a code can also include the decoding of the information from an image captured by the optical imaging device 106.); and wherein:
the establishing of the network connection with the measurement device is in response to the extracting of the pairing trigger code from the optically readable code exhibited by the measurement device (Paragraph [0068], A processor commanding or otherwise initiating pairing can be configured to determine whether predetermined conditions for entering paired communication have been met, and if so, it can issue commands to any or all of portable device 100, medical device 200, and/or information system 50, that can result in establishment of a paired communication link between the portable device and the medical device. Paragraph [0066], Preconditions for entering paired communication at 340 can include any suitable preconditions relating to the association information of the association code optically read at 330.).
Regarding claim 3, Welsch further discloses wherein: the extracting of the pairing trigger code from the optically readable code from which the hardware identifier is extracted correlates the hardware identifier with the pairing trigger code (Paragraph [0048], The association code can include any suitable association information. Association information can include… a communication network identification code or address. Also see paragraph [0049] describing other association information. Extracting association information including the hardware identifier and other association information related to conditions for pairing is construed as correlating.) ; and
the establishing of the network connection with the measurement device is based on the extracted hardware identifier being correlated with the extracted pairing trigger code (Paragraph [0080], a unique network address of the specific individual medical device that allows portable device 100 to establish a communicative connection over communication infrastructure 12 to the medical device. Paragraph [0068], A processor commanding or otherwise initiating pairing can be configured to determine whether predetermined conditions for entering paired communication have been met, and if so, it can issue commands to any or all of portable device 100, medical device 200, and/or information system 50, that can result in establishment of a paired communication link between the portable device and the medical device.).
Regarding claim 4, Welsch further discloses: extracting, from the optically readable code depicted by the captured image, a provider identifier of a provider of the measurement device (Paragraph [0048], Association information can include medical device identification information, which can be… a manufacturer specific identification code.); and wherein:
the establishing of the network connection with the measurement device is in response to the extracting of the provider identifier of the provider of the measurement device from the optically readable code exhibited by the measurement device (Paragraph [0080], The identification information of the identification code can include sufficient information to allow portable device 100 in possession of the identification information to communicate with a specific individual medical device referenced by the identification code.).
Regarding claim 5, Welsch further discloses wherein: the causing of the capture of the image that depicts the optically readable code exhibited by the measurement device includes prompting a user of a mobile device to initiate the establishing of the network connection with the measurement device by scanning the optically readable code exhibited by the measurement device via a camera of the mobile device (Paragraph [0091], portable device 100 can display on display 104, in the manner of a camera viewfinder, real-time images being captured by optical imaging device 106 before and/or while reading identification and/or association codes, and/or after one or more pairings have been established. Such a display could assist a user in comparing/verifying what the optical imaging device is imaging (“seeing”) in relation to what the user can see of the actual medical device(s) with the user's own eyes. Such an electronic viewfinder display on display 104 of the portable device 100 can be artificially enhanced (for example, with outlining, highlighting, or other visual cues) to assist the user in recognizing a medical device of interest (for example, a device whose code is being targeted/read).).
Regarding claim 8, Welsch further discloses wherein: the determining of the location identifier of the measurement device based on the optically readable code includes at least one of extracting the location identifier from the optically readable code, or accessing a database that maps the location identifier to an intermediate identifier within the optically readable code (Paragraph [0048], The association code can include any suitable association information. Paragraph [0049], Association information can include date, time, and location information, and the like. Paragraph [0053], Optically reading a code can also include the decoding of the information from an image captured by the optical imaging device 106.).
Regarding claims 9-12 and 15-19: all limitations as recited have been analyzed and rejected with respect to claims 1-5. Claims 9-12 pertain to a non-transitory machine-readable storage medium, corresponding to the method of claims 1-2 and 4-5. Claims 15-19 pertain to a system, corresponding to the method of claims 1-5. Claims 9-12 and 15-19 do not teach or define any new limitations beyond claims 1-5 apart from the non-transitory machine-readable storage medium, processors and memory used to perform the method disclosed by Welsch in paragraphs [0040], [0042], [0057], [0073], [0084] and [0088]; therefore claims 9-12 and 15-19 are rejected under the same rationale.
Claims 1-5, 8-12 and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Welsch (U.S. Pub. No. 2018/0015218) in view of Foelsch et al. (U.S. Pub. No. 2023/0057639) and Neff (U.S. Pub. No. 2014/0067426).
Regarding claim 6, Welsch does not appear to explicitly disclose, but Neff teaches that it was old and well known in the art of medical device pairing at the time of the filing to perform extracting, from the optically readable code depicted by the captured image, an app invocation code that corresponds to an app installed on a mobile device (Paragraph [0078], The smart phone may include an application. Alternatively, the association output image includes a trigger or coding that causes the application to launch when the image is captured. Also see paragraph [0087].); and
causing the mobile device to execute the app that corresponds to the app invocation code based on the extracting of the app invocation code from the optically readable code exhibited by the measurement device (Neff, paragraph [0078], The smart phone may include an application. Alternatively, the association output image includes a trigger or coding that causes the application to launch when the image is captured.) to allow dynamic assignment of a device to a software application (Neff, paragraph [0006]).
Therefore, it would have been obvious to one of ordinary skill in the art of medical device pairing at the time of the filing to modify the method of Welsch to include extracting, from the optically readable code depicted by the captured image, an app invocation code that corresponds to an app installed on a mobile device; and causing the mobile device to execute the app that corresponds to the app invocation code based on the extracting of the app invocation code from the optically readable code exhibited by the measurement device, as taught by Neff, in order to allow dynamic assignment of a device to a software application.
Regarding claim 7, Welsch further discloses wherein: the establishing of the network connection with the measurement device establishes the network connection between the mobile device caused to execute the app and the measurement device that exhibits the optically readable code (Paragraph [0061], Method 300 can include at 340, pairing the portable device 100 and the medical device 200, if predetermined conditions for entering paired communication are met. When paired, the portable device 100 and medical device 200 can be communicatively linked.).
Regarding claims 13-14 and 20: all limitations as recited have been analyzed and rejected with respect to claims 6-7. Claims 13-14 pertain to a non-transitory machine-readable storage medium, corresponding to the method of claims 6-7. Claim 20 pertains to a system, corresponding to the method of claim 6. Claims 13-14 and 20 do not teach or define any new limitations beyond claims 6-7; therefore claims 13-14 and 20 are rejected under the same rationale.
Response to Arguments
Applicant's arguments filed January 2, 2026 regarding claims 1-20 being rejected under 35 U.S.C. §103 have been fully considered but they are not persuasive.
Applciant argues that Welsch and Foelsch do not disclose or teach that the established network connection provides access ony to measurement data of the generated measurement device, as Welsch fails to limit the scope of the connection and Foelsch discloses that a paired connection may enable access to other information.
However, Foelsch contemplates the medical system 206 being a monitor, such as heartrate and blood pressure monitor and that when an auxiliary device is paired with the medical system 206, the auxiliary device may view content associated with medical system 206, interact with medical system 206, and/or communicate with other users via additional user devices that are communicatively paired with medical system 206. Therefore, Foelsch contemplates the medical system only being a measurement device/monitor and that the auxiliary device may only view data associated with the measurement device/monitor when communicatively paired with the measurement device/monitor.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Devin C. Hein whose telephone number is (303)297-4305. The examiner can normally be reached 9:00 AM - 5:00 PM M-F MDT.
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/DEVIN C HEIN/Examiner, Art Unit 3686