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.
Claims 19, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Powell et al [CN 101044455] in view of Zdeblick et al [US 8,547,248]
Claim 19. (Currently amended) A biological function sensing and reporting method
comprising: measuring a biological function of a subject at a sensor (the mobile
equipment allocation system of computer system frame, specifically implementation
manner in this invention using a processor in the executable application programmed of
the control is operative to (a) receive information from an input information device, (b)
by manipulating, analyzing, modifying, converting and/or transmitting information to
process information, and/or (c) route the information to an output information device,
such as such as a medical environment of the hospital typically in a hospital
environment for monitoring physiological parameters of the patient as heart rate, blood
pressure, SpO2, ECG, EKG, respiration, temperature, etc., see Figs. 1, 2, para [0012-
0013, 0017]);
providing an analog signal indicative of a value of the biological function (the monitoring
physiological parameters as of the patient as heart rate, blood pressure, SpO2, ECG,
EKG, respiration, temperature, etc. The processor 35 in the executable application
programmed of the control is operative to (a) receive information from an input
information device, (b) by manipulating, analyzing, modifying, converting and/or
converting and/or transmitting information to process information, see Figs. 1, 2, para
[0012-0015, 0017]);
performing a handshake to establish exclusive communication between the sensor (in
the first operation mode, the physiological parameter can be inserted into the socket
when the mobile patient monitor 20 at the time of collecting them to a central location,
base 25, docket station 10, other local device LD of the expansion base, see Fig. 1,
para [0013, 0019, 0025]), and
a base station exclusive of other base stations or other sensors (in the second operation
mode, the physiological parameter sampling of any physiological parameter can be not
connected to a communication network the mobile patient monitor 20 collects to the
central location for storage, or the mobile device 20 without the collection of patient
parameter data downloaded to the hospital communication network to store in the
central position, base 25, docket station 10 or other local device LD of the expansion
base, see Fig. 1, para [0013, 0020, 0025]);
wirelessly transmitting an indication of the value of the biological function from the
sensor to the base station (the wire/wireless communications link 107, see Figs. 1, 2,
para [0019]);
producing, at the base station, an output signal based on the indication of the value of
the biological function (the central location, docket station 10 and/or base 25 to
outputting and displaying of the monitored parameters on a display 45, see Figs. 1, 2
para [0017]); and
providing the output signal to an output port of the base station, the output port being
configured to be hard-wire connected to a monitor (the wired communications links 103
and/or 107 to output the physiological parameters, see Figs. 1, 2, para [0017, 0019]).
But Powell et al fails to disclose the transducer configured to sense a biological function including at least one of fetal heartbeat and uterine contractions. However, Powell et al teaches that the mobile equipment allocation system of computer system frame, specifically implementation manner in this invention using a processor in the executable application programmed of the control is operative to (a) receive information from an input information device, (b) by manipulating, analyzing, modifying, converting and/or transmitting information to process information, and/or (c) route the information to an output information device, such as such as a medical environment of the hospital typically in a hospital environment for monitoring physiological parameters of the patient as heart rate, blood pressure, SpO2, ECG, EKG, respiration, temperature, etc., see Figs. 1, 2, para [0012-0013, 0017]);
Zdeblick et al suggests that the sensor simply registers the presence or absence of a pressure change; in other embodiments, the sensor quantifies the pressure change, e.g., by determining the amount of charge collected, the amount of current or potential difference, or the like. Pressure sensors have numerous uses. For example, the heart regularly expands and contracts, and the changing-pressure on a pressure-sensor can be used to measure the movement of the heart. Blood pressure can also be measured. In addition, any other muscle movements can be detected using suitably placed pressure sensors, including but not limited to stomach and intestinal contraction, uterine contractions (e.g., during pregnancy), muscle spasms, and so on. Pressure sensors placed at a tumor site can also be used to measure the growth or shrinkage of a tumor: as the tumor grows, its pressure on surrounding tissues increases, and as it shrinks, the pressure decreases (see Figs. 2, 3, 17, col. 7, lines 32-47).
Therefore, it would have been obvious to one skill in the art before the effective filing date of the invention to add or substitute the blood pressure transducer to sense at least one of fetal heartbeat and uterine contractions of Zdeblick et al for the physiologic sensors such as a heart rate and a blood pressure sensor, etc. of Powell et al for fully medical monitoring of blood pressure, heart rate and uterine contraction of a patient under physiological treatments, which are well known in the medical hospital environment.
Claim 20. (Original) The method of claim 19, wherein the analog signal is a first analog
signal and producing the output signal comprises producing a second analog signal by
attempting to reproduce the first analog signal (as cited in respect to claim 20 above,
wherein the converting signal can be repeated for transmitting information, see para
[0012, 0016, 0022, 0024, 0027]).
Claims 1-8, 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over
Powell et al [CN 101044455] in view of Meiri [WO 2007/086067] and Zdeblick et al
[US 8,547,248]
Claim 1. (Currently amended) A patient monitoring system comprising: a biomedical
sensor comprising: a transducer configured to sense a biological function; a sensor
converter communicatively coupled to the transducer and configured to convert the
analog signal to a converted signal; and a transmitter communicatively coupled to the
sensor converter and configured to produce a communication, based on the converted
signal, that is indicative of one or more values of the biological function, and to send the
communication wirelessly; and a base station configured to communicate wirelessly
with the biomedical sensor, the base station comprising: a receiver configured to
receive the communication wirelessly and to produce a receiver output signal
corresponding to the communication; a base station interface communicatively coupled
to the receiver and configured to produce a base station output signal indicative of the
one or more values of the biological function; and at least one output port
communicatively coupled to the base station interface to receive the base station output
signal, the at least one output being configured to be hard- wire connected to a display
that is configured to display information indicative of the biological function; wherein the
biomedical sensor further comprises a sensor processor and the base station further
comprises a base station processor, wherein the sensor processor and the base station
processor are configured to perform a handshake to establish exclusive communication
between the biomedical sensor and the base station, exclusive of other base stations or
other biomedical sensors (as cited in respect to claim 19 above). But
But Powell et al fails to disclose the transducer configured to sense a biological function including at least one of fetal heartbeat and uterine contractions. However, Powell et al teaches that the mobile equipment allocation system of computer system
frame, specifically implementation manner in this invention using a processor in
the executable application programmed of the control is operative to (a) receive
information from an input information device, (b) by manipulating, analyzing, modifying, converting and/or transmitting information to process information, and/or (c) route the
information to an output information device, such as such as a medical environment of
the hospital typically in a hospital environment for monitoring physiological parameters
of the patient as heart rate, blood pressure, SpO2, ECG, EKG, respiration, temperature,
etc., see Figs. 1, 2, para [0012-0013, 0017]).
Zdeblick et al suggests that the pressure sensors can be implemented using, e.g., piezoelectric crystals, which generate an electrical charge when deformed as is known in the art. The electrical charge can be collected and measured. In some embodiments, a pressure sensor includes a compliant member (e.g., a planar structure) mounted on a substrate. The compliant member has two exposed surfaces, and a strain transducer (which may be, e.g., a piezoelectric transducer) is mounted on or indirectly attached to one of the exposed surfaces. The transducer generates an electrical signal in response to deformation of the compliant member resulting from pressure changes. The pressure sensor simply registers the presence or absence of a pressure change; in other embodiments, the sensor quantifies the pressure change, e.g., by determining the amount of charge collected, the amount of current or potential difference, or the like. Pressure sensors have numerous uses. For example, the heart regularly expands and contracts, and the changing-pressure on a pressure-sensor can be used to measure the movement of the heart. Blood pressure can also be measured. In addition, any other muscle movements can be detected using suitably placed pressure sensors, including but not limited to stomach and intestinal contraction, uterine contractions (e.g., during pregnancy), muscle spasms, and so on. Pressure sensors placed at a tumor site can also be used to measure the growth or shrinkage of a tumor: as the tumor grows, its pressure on surrounding tissues increases, and as it shrinks, the pressure decreases (see Figs. 2, 3, 17, col. 7, lines 10-47).
Therefore, it would have been obvious to one skill in the art before the effective filing date of the invention to add or substitute the
Therefore, it would have been obvious to one skill in the art before the effective filed
date of the invention to add or substitute the blood pressure transducer to sense at least one of fetal heartbeat and uterine contractions of Zdeblick et al for the physiologic sensors such as a blood pressure sensor of Powell et al for fully medical monitoring of blood pressure, heart rate and uterine contraction of a patient under physiological treatments, which are well known in the medical hospital environment.
Claim 2. (Original) The system of claim 1, wherein the analog signal is a first analog
signal and the base station interface comprises a base station converter configured to
produce a second analog signal as the base station output signal (as cited in respect to
claims 19, 20 above, such as the converting).
Claim 3. (Original) The system of claim 1, wherein the transducer comprises a
tocodynamometer transducer and the system comprises a processor configured to send
a calibration signal to cause the transducer to be calibrated (as the combination of the
blood pressure transducer between Powell et al and Zdeblick et al in respect to claim
1 above, and further Zdeblick et al disclose the application of the magnetic field in the internal electromagnetic blood flow sensor can be accomplished using any convenient approach. In FIG. 17 the application of the magnetic field is shown simply as two Helmholtz coils, but many other configurations can be implemented in the internal electromagnetic blood flow sensor. The applied magnetic field may be an AC or DC magnetic field. In certain embodiments, the magnetic field is aligned in a perpendicular fashion relative to (or at least substantially orthogonal to) both the flow direction and the sense electrode axis. In general two coils may not accomplish this aim in every position. In such cases, the patient may be instructed to change position to optimize the signal. However, there are other implementations which will limit or eliminate the need for patient repositioning. By forming three pairs of Helmholtz coils, an X pair, a Y pair and a Z pair, and balancing these appropriately, the direction of the magnetic field vector can, in effect, be changed while maintaining constant strength and magnitude of the field. In this way, the direction of magnetic field which corresponds to maximum signal strength across the electrodes can be determined. Once this condition of maximum signal strength is established, one can ensure that the magnetic field is perpendicular to the plane defined by the flow direction and the electrode axis. As such, certain embodiments include positioning the electrodes of the sensor, applying the magnetic field and determining the position of the sensor electrodes relative to the field. This approach would accomplish a set up and calibration mechanism to achieve the optimum direction to apply the magnetic field (see Figs. 17, 21, 22, col. 32, lines 23-51).
Meiri suggests that the Tocolytics are routinely administrated when a pregnant woman
with gestational age between 20 and 37 weeks (confirmed by dating the gestational age
according to the last menstrual period or by ultrasound) has frequent, regular uterine
contractions, preferably documented by a tocodynamonmeter and/or when she shows
progressive change in the cervix or a cervical dilation greater than 2 cm and effacement
greater than 80%, see page 1, col. 16-25).
Therefore, it would have been obvious to one skill in the art before the effective filed
date of the invention to substitute the tocodynamonmeter of Meiri for the transducer
sensor and sensor calibration of Zdeblick et al to one of the physiological sensors of Powell et al for extending application and use of the calibration transducer sensors to sensing heart rate, blood pressure and/or uterine contractions parameters of a patient with higher accuracy and reliable results to save a life.
Claim 4, (Original) The system of claim 3, wherein the processor is configured to send
the calibration signal in response to the biomedical sensor being disposed proximate to
the base station (as the combination of the calibration and monitoring parameters
communication between Powell et al and Zdeblick et al in respect to claim 1 above).
Claim 5. (Original) The system of claim 4, wherein to determine that the biomedical
sensor is disposed proximate to the base station (the local device LD communicating
use of Bluetooth 802.15 standard, see Fig. 1, para [0021, 0027-0030]), the processor is
configured to determine that the base station is charging the biomedical sensor (the
battery charger 37 provides power charging to the mobile device 20 with physiological
sensors, see Fig. 1, para [0017, 0021]).
Claim 6. (Original) The system of claim 5, wherein the processor is a base station
processor disposed in the base station and configured to cause the calibration signal to
be sent to the biomedical sensor, the calibration signal indicating for a sensor processor
disposed in the biomedical sensor to calibrate the transducer (as the combination of the
calibration and monitoring parameters communication between Powell et al and
Zdeblick et al in respect to claim 1 above, and including one or more processors, see
Figs. 1-3).
Claim 7. (Original) The system of claim 5, wherein the processor is a sensor processor
disposed in the biomedical sensor and coupled to the transducer, the sensor processor
being configured to send the calibration signal to the transducer to cause the transducer
to adjust a variable parameter of the transducer (as the combination of the calibration
and monitoring parameters communication between Powell et al and Zdeblick et al in
respect to claim 1 above, and including the processors and calibration procedures such
as when the proper calibration switches are operated, the function blocks are referred to
standard built-in references and a predetermined number for each derived parameter is
displayed if the physiological processor and its associated circuitry is properly calibrated
(see Figs. 1, 5, col. 8, lines 23-29, col. 17, lines 20-25 and 55-59).
Claim 8. (Original) The system of claim 3, wherein the processor is configured to send
the calibration signal in response to the biomedical sensor being docked to the base
station (as the combination of the calibration and monitoring parameters communication
between Powell et al and Zdeblick et al in respect to claim 1 above, and including the
dock station 10, see Fig. 1).
10. (Canceled)
Claim 11. (Currently amended) The system of claim 1, wherein the sensor processor is,
or the base station processor is, or the sensor processor and the base station processor
are, configured to initiate the handshake in response to the biomedical sensor being
disposed proximate to the base station (as cited in respect to claim 1 above, and
including the local device LD communicating use of Bluetooth 802.15 standard, see Fig.
1, para [0021, 0027-0030]).
Claim 12. (Currently amended) The system of claim 1, wherein the sensor processor
and the base station processor are configured to communicate with each other, to the
exclusion exclusive of other base stations or other biomedical sensors, following the
handshake until another handshake occurs between the base station processor and
either the sensor processor or another sensor processor (as cited in respect to claims 1
and 19 above).
Claim 14. (Original) The system of claim 1, wherein the base station output is a digital
signal (the computer digital processors, see Figs. 1-3).
Claims 15-18. (Canceled)
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Powell et al
[CN 101044455] and Meiri [WO 2007/086067] and Zdeblick et al [US 8,547,248] and
further in view of Binder [US 2013/0201316]
Claim 9. Powell et al fails to disclose the transducer comprises: a Wheatstone bridge
configured to be calibrated by adjustment of a variable resistor of the Wheatstone
bridge; or a voice coil configured to be calibrated by adjustment of a current supplied to
a coil of the voice coil.
Binder et al suggests that the electrical sensor may be an ohmmeter for measuring the
electrical resistance (or conductance), and may be a megohmmeter or a micro-ohmeter.
The ohmmeter may use the Ohm's law to derive the resistance from voltage and current
measurements, or may use a bridge such as a Wheatstone bridge. A sensor may be a
capacitance meter for measuring capacitance. A sensor may be an inductance meter
for measuring inductance. A sensor may be an impedance meter for measuring an
impedance of a device or a circuit. A sensor may be an LCR meter, used to measure
inductance (L), capacitance (C), and resistance (R). A meter may use sourcing a DC or
an AC voltage, and use the ratio of the measured voltage and current (and their phase
difference) through the tested device according to Ohm's law to calculate the resistance,
the capacitance, the inductance, or the impedance (R=V/I). Alternatively or in addition,
a meter may use a bridge circuit (such as Wheatstone bridge), where variable calibrated
elements are adjusted to detect a null. The measurement may be using DC, using a
single frequency or over a range of frequencies (see Fig. 1, para [0065]).
Therefore, it would have been obvious to one skill in the art before the effective filed
date of the invention to implement the Wheastone bridge calibration of Binder et al for
the calibration transducer sensor of Powell et al and Meiri and Zdeblick et al for
providing a higher accuracy and reliable measured results of physiological parameters such as blood pressure and heart rate of a patient.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Powell et
al [CN 101044455] and Meiri [WO 2007/086067] and Zdeblick et al [US 8,547,248]
and further in view of Besson et al [US 7,215,991]
Claim 13. Powell et al fails to disclose the transducer is an ultrasound transducer, and
wherein the sensor converter comprises a quadrature modulator configured to convert
the analog signal such that the converted signal includes quadrature signal
components.
Powell et al teaches that the mobile equipment allocation system of computer system frame, specifically implementation manner in this invention using a processor in the executable application programmed of the control is operative to (a) receive information from an input information device, (b) by manipulating, analyzing, modifying, converting and/or transmitting information to process information, and/or (c) route the information to an output information device, such as such as a medical environment of the hospital typically in a hospital environment for monitoring physiological parameters of the patient as heart rate, blood pressure, SpO2, ECG, EKG, respiration, temperature, etc., see Figs. 1, 2, para [0012-0013, 0017]);
Besson et al suggests that the medical diagnosis and monitoring system having at
least one sensor for detecting an electrical, physical, chemical, or biological property of
a patient such as, but not limited to, EEG- and EKG-signals, respiration, oxygen saturation, temperature, perspiration, etc. A digital-to-analog converter coupled to the
sensor and a digital transmitter and receiver for wireless digital two-way communication
with an evaluator station (see abstract). The thin-layer sensors particularly include also
the SSW-sensors (sound surface wave). SSW-sensors belong to the SSW-components
whose function is based on the stimulation of mechanical vibrations on the surface of
piezoelectric solids or layer structures when an electric voltage is applied to a metallic
converter (IDC=interdigital converter) with mating finger structures. The SSW-sensor,
when converting the sound wave into an electric signal, makes use of the electro-
resistive effect, which represents the reversal of the piezoelectric effect (see col. 11,
lines 7-18).
The signal conversion unit including the demodulator (15), which preferably is a
Quadrature modulator, the signals are finally PSK-demodulated, as well as amplified
again, if necessary (not shown). A connected equalizer (16) equalizes the signals (see
col. 19, lines 30-48).
Therefore, it would have been obvious to one skill in the art before the effective filed
date of the invention to implement the SSW sensor and conversion Quadrature modulator of Besson et al for the processing, converting and analyzing of transducer sensor of Powell et al and Meiri and Zdeblick et al for providing a medical measurement parameters of a patient with higher accuracy and reliable physiological results.
Response to Arguments
Applicant’s arguments, see the arguments, filed 11/21/2025, with respect to the rejection(s) of claims 1 and 19 under Powell et al 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 Zdeblick et al based on the new amended claim subject matters filed on 11/21/2025.
Applicant’s arguments:
(A) Claim 19, Powell does not teach or suggest at least "measuring a biological function including at least one of fetal heartbeat and uterine contractions of a subject at a sensor".
(B) Independent claim 1 recites, inter alia, "a patient monitoring system
comprising: a biomedical sensor comprising: a transducer configured to sense a biological function including at least one of fetal heartbeat and uterine contractions and to produce an analog signal corresponding to the biological function."
Thus, Powell in view of Meiri in view of Heitlinger does not teach or suggest a transducer configured to sense a biological function including at least one of fetal heartbeat and uterine contractions. For at least these reasons, independent claim 1 is patentable in view of Powell in view of Meiri in view of Heitlinger. Further, dependent claims 3-8 and 11-14 depend from claim 1, and are therefore patentable in view of Powell in view of Meiri in view of Heitlinger for at least the same reasons.
(C) Thus, for at least the reasons noted above with respect to independent claim 1 from which claims 9 and 13 depends, claim 13 is patentable in view of Powell in view of Meiri in view of Heitlinger in view of Besson.
Response to the arguments:
(A) It would have been obvious to one skill in the art to combine the blood pressure transducer to sense at least one of fetal heartbeat and uterine contractions of Zdeblick et al for the physiologic sensors such as a blood pressure sensor of Powell et al for fully medical monitoring of blood pressure, heart rate and uterine contraction of a patient under physiological treatments, which are well known in the medical hospital environment and to make the rejection smoother based on the new amended claim subject matters, as discussed in respect to claims 1 and 19 above.
(B) It is obvious combining the sensing at least one of fetal heartbeat and uterine contractions the between Powell et al and Zdeblick et al in claims 1 and 19 above. Thus, all the dependent claims 3-8 and 11-14 are obvious to combine with reference of Meiri as discussed above, wherein the new reference of Zdeblick et al replaced for Heitlinger to make the rejection smoother.
(C) Claim 13 depends on claim 1, as indicated in section (B) above, it is obvious to combine with additional reference Besson for processing, converting and analyzing of physiological parameters of a patient with higher accuracy and reliable results.
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 examiner should be directed to primary examiner craft is Van Trieu whose telephone number is (571) 2722972. The examiner can normally be reached on Mon-Fri from 8:00 AM to 3:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Mr. Wang Quan-Zhen can be reached on (571) 272-3114.
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/VAN T TRIEU/
Primary Examiner, Art Unit 2685
01/06/2026