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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-6 and 19-26 in the reply filed on 02/09/2026 is acknowledged.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3 and 5-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No 2014/0065580 granted to Kaula et al (hereinafter “Kaula”).
In reference to claim 1, Kaula discloses a method of remotely programming a medical device that provides therapy to a patient, comprising: establishing a first communication between a patient controller (PC) device [e.g. patient programmer 50] and the medical device [e.g. IMD 30], wherein the medical device provides therapy to the patient according to one or more programmable parameters [e.g. paragraph 0028], the PC device communicates signals to the medical device to set or modify the one or more programmable parameters [e.g. paragraph 0038], and the PC device comprises a video camera [e.g. paragraph 0074]; establishing a video connection between the PC device and a clinician programmer (CP) device [e.g. clinician programmer 60] of a clinician for a remote programming session in a second communication that includes an audio/video (ANV) session [e.g. paragraph 0074]; and modifying a value for one or more programmable parameters of the medical device according to signals from the CP device during the remote programming session [e.g. paragraph 0028]; wherein the method further comprises: receiving a request from at least one of the PC device of the patient or the CP device of the clinician to redirect delivery of the AN session terminating at the PC device or the CP device to an auxiliary device associated with the patient or the clinician [e.g. Figure 20: steps 1690 and 1700].
In reference to claim 2, Kaula discloses wherein the request to redirect the AV session is received from a web-based application executing on the auxiliary device, the auxiliary device including a display unit having a viewing screen larger than a viewing screen associated with the PC device or the CP device [e.g. LCD display 675].
In reference to claim 4, Kaula discloses wherein the display unit of the auxiliary device executing the web-based application is operable to provide an A/V interface having a resolution greater than a resolution provided by the PC device or the CP device with respect to the A/V session [e.g. paragraphs 0074-0075].
In reference to claim 5, Kaula discloses further comprising continuing to provide therapy to the patient while the A/V session is redirected to the auxiliary device [e.g. paragraph 0112; Figure 20: step 1640].
In reference to claim 6, Kaula discloses further comprising: receiving a termination message from at least one of the web-based application, the PC application, or the CP application to terminate the redirection of the A/V session; and responsive to the termination message, ceasing the redirection of the A/V session to the auxiliary device [e.g. Figure 20: steps 1690, 1700].
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.
Claims 19 and 22-26 are rejected under 35 U.S.C. 103 as being unpatentable over Kaula in view of U.S. Patent Application Publication No 2020/0402674 granted to DeBates et al (hereinafter “DeBates”.
In reference to claim 19, Kaula discloses a method of remotely programming a medical device that provides therapy to a patient, comprising: establishing a first communication between a patient controller (PC) device [e.g. patient programmer 50] and the medical device [e.g. IMD 30], wherein the medical device provides therapy to the patient according to one or more programmable parameters [e.g. paragraph 0028], the PC device communicates signals to the medical device to set or modify the one or more programmable parameters [e.g. paragraph 0038], and the PC device comprises a video camera [e.g. paragraph 0074]; establishing a video connection between the PC device and a clinician programmer (CP) device [e.g. clinician programmer 60] of a clinician for a remote programming session in a second communication that includes an audio/video (ANV) session [e.g. paragraph 0074]; the device including a microphone and video camera [e.g. paragraph 0074]. Kaula, however, fails to disclose allowing a third-party device to join the remote programming session, the third-party device including a microphone and a video camera; monitoring of the remote programming session by a real-time context monitoring module; and responsive to detecting that a therapy programming operation is currently active, inactivating the microphone of the third-party device. DeBates discloses a system and method for modulating therapy in remote care and describes allowing a third-party device to join the remote programming session the third-party device including a microphone and a video camera [e.g. Figure 8B: step 822; paragraph 0053]; monitoring of the remote programming session by a real-time context monitoring module [e.g. Figure 2C: step 238]; and responsive to detecting that a therapy programming operation is currently active, inactivating the microphone of the third-party device [e.g. paragraph 0052]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of Kaula to include the third party monitoring as taught by DeBates, since such a modification would provide the predictable results of an added level of security in order to protect patient privacy.
In reference to claim 22, Kaula discloses a method of remotely programming a medical device but fails to disclose wherein the A/V session is monitored by a monitoring service executing as part of a third-party application launched on the third-party device. DeBates discloses wherein the A/V session is monitored by a monitoring service executing as part of a third-party application launched on the third-party device [e.g. paragraph 0052]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of Kaula to include the third party monitoring as taught by DeBates, since such a modification would provide the predictable results of an added level of security in order to protect patient privacy.
In reference to claims 23 and 24, Kaula discloses a method of remotely programming a medical device but fails to disclose further comprising presenting a split screen window on a display unit of the third-party device for facilitating a video display of the patient and a video display of the clinician and presenting a notification on a portion of the split screen window to indicate that the microphone of the third-party device is inactivated. DeBates depicts the split screen feature in Figure 16C and indication of the microphone being inactivated [e.g. Figure 16C: element 1634]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of Kaula to include the third party monitoring as taught by DeBates, since such a modification would provide the predictable results of an added level of security in order to protect patient privacy.
In reference to claims 25 and 26, Kaula discloses a method of remotely programming a medical device but fails to disclose wherein the user is a family relative of the patient, an authorized caregiver, or an authorized agent acting as a representative of the patient and wherein the third-party device is allowed to join the A/V session responsive to obtaining approval from the patient. DeBates discloses the user being a caregiver or relative [e.g. paragraph 0047] and where approval is obtained from the patient [e.g. Figure 8B: step 824]. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the system of Kaula to include the third party monitoring as taught by DeBates, since such a modification would provide the predictable results of an added level of security in order to protect patient privacy.
Allowable Subject Matter
Claim 4 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The closest prior art of Kaula fails to disclose the use of facial or biometrical authentication indicia.
Claims 20 and 21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The closest prior arts of Kaula and DeBates fail to disclose monitoring for the use of key words to determine if the microphone of the third party device should be activated.
Conclusion
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/NADIA A MAHMOOD/Primary Examiner, Art Unit 3796