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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 16, 2026 has been entered.
Response to Amendment
The Amendment filed March 16, 2026 has been accepted and entered. Accordingly, Claims 1, 6, 8-9, 12, 17, 19 have been amended. New claims 21-23 have been added.
Claims 2, 7, and 20 are cancelled.
Claims 1, 3-6, 8-19, and 21-23 are pending in this application.
Response to Arguments
Applicant’s arguments with respect to claims 1, 17, and 19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 1, 3-4, 8-9, 17, 19, 21, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (U.S. Patent Application Publication No. 2017/0056677) and further in view of Mandapaka et al. (U.S. Patent Application Publication No. 2018/0110077).
Regarding Claim 1, Zhang et al. discloses A method for establishing wireless communication between a first device and a second device using a communication protocol in which the first device is configured to send advertising packets and the second device is configured to discover the first device using the advertising packets and initiate the wireless communication between the first device and the second device (Zhang et al. teaches facilitating communication between an implantable device and an external device (para. [0001]); the implantable device inserts information indicative of the information associated with the implantable device into the field of the advertising data packet, and transmits the advertising data packet (para. [0039]); the advertising data packet facilitates discovery of one or more devices within a certain distance from the implantable device (para. [0031]); the external device scans for the set of fields of the advertising data packet associated with the implantable device (para. [0041]); the external device establishes a communication link with the implantable device in response to a determination that the information determined during the monitoring is included in the field (para. [0042])), the method comprising: using the first device to send advertising packets at a first advertising interval over an advertising channel for use by the second device to discover the first device according to the communication protocol (Zhang et al. teaches that the implantable device encodes and/or generate information associated with the implantable device into a field of an advertising data packet (para. [0030]); the implantable device broadcasts the advertising data packet that includes the information associated with the implantable device during a defined interval of time (para. [0039]); the information associated with the implantable device to be included in an advertising data packet that can be received by any external device through the utilization of a communication protocol such as Bluetooth low energy communication protocol (para. [0043]); advertising data packet is configured for transmission over an advertising communication channel (para. [0057])), wherein the first advertising interval specifies a first time between advertising events (Zhang et al. teaches that the implantable device broadcasts the advertising data packet that includes the information associated with the implantable device during a defined interval of time (para. [0039])[Examiner’s Note: Because the advertising packet is transmitted once the trigger event occurs, the advertising interval is a time between advertising events]); using the first device to determine a trigger for requesting communication with the second device (Zhang et al. teaches that a status of an implantable device is determined by the data packet component (FIG. 2, para. [0105]); the term ‘status’ includes a state of, alert associated with an indicator of and/or a fault condition for an implantable device (para. [0008])), trigger comprising at least one condition or event detected by the first device (Zhang et al. teaches that the data component inserts information indicative of an alert into the selected service field of the advertising data packet (para. [0063]); information associated with the implantable device can be indicative of a fault status associated with the implantable device (para. [0063])); the advertising packets sent at the second advertising interval including embedded data identifying the determined trigger (Zhang et al. teaches that the data component inserts information indicative of an alert into the selected service field of the advertising data packet (para. [0063]); information associated with the implantable device can be indicative of a fault status associated with the implantable device (para. [0063])), wherein the embedded data comprises information indicative of the at least one condition or event (Zhang et al. teaches that the implantable device inserts information indicative of the information associated with the implantable device into the field of the advertising data packet, and transmits the advertising data packet (para. [0039][0063]); information associated with the implantable device can be indicative of a fault status associated with the implantable device (para. [0063])); and using the second device to scan for advertising packets to discover the first device (Zhang et al. teaches that the external device includes a scanning component (FIG. 3, para. [0079]); the scanning component scans for one or more service fields of an advertising data packet associated with an implantable device (para. [0080][0116])), recognize the embedded data in the advertising packets, and initiate a wireless communication session with the first device in response to recognizing the embedded data identifying the determined trigger (Zhang et al. teaches that the scanning component scans one or more service fields of an advertising data packet associated with an implantable device (para. [0116]); the communication component establishes a communication link with the implantable device via a communication channel different than the advertising communication channel (para. [0117]); the communication link can be established in response to a determination that the implantable device is ready to communicate information (para. [0084][0118])).
Although teaching that advertising data packets are transmitted in advertising channels as noted above, Zhang et al. does not explicitly teach in response to the determined trigger using the first device to modify the first advertising interval to a second advertising interval different from the first advertising interval and send advertising packets at the second advertising interval over the advertising channel, wherein the second advertising interval specifies a second time between advertising events; the advertising packets sent at the second advertising interval including embedded data identifying the determined trigger. Mandaoaka et al. teaches such limitations.
Mandapaka et al. is directed to system and method for communication of analyte data. More specifically, Mandapaka et al. teaches in response to the determined trigger using the first device to modify the first advertising interval to a second advertising interval different from the first advertising interval and send advertising packets at the second advertising interval over the advertising channel (Mandapaka et al. teaches that advertisement message interval is adaptively variable or configurable in length, depending on the relevant circumstances (para. [0286]); upon receiving the trigger, analyte sensor system resumes advertising with a short advertisement message period to increase the changes of connecting to display device (para. [0480])), wherein the second advertising interval specifies a second time between advertising events (Mandapaka et al. teaches that time window for advertisement message is a duration of time during which advertisement messages are actually transmitted (para. [0285]; FIG. 9)), the advertising packets sent at the second advertising interval including embedded data identifying the determined trigger (Mandapaka et al. teaches upon receiving the trigger, analyte sensor system resumes advertising with a short advertisement message period to increase the changes of connecting to display device (para. [0480])).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang et al. so that in response to the determined trigger using the first device to modify the first advertising interval to a second advertising interval different from the first advertising interval, as taught by Mandapaka et al. The modification would have allowed the system to increase the chances of connecting to display device (see Mandapaka et al., para [0480]).
Regarding Claim 3, the combined teachings of Zhang et al. and Mandapaka et al. teach The method of claim 1, and further, the references teach wherein the first device includes a medical device configured for use in sensing at least one health-related condition, delivering a therapy, or both sensing the at least one health-related condition and delivering the therapy (Zhang et al. teaches that the implantable device is illustrated in medical device telemetry system as an IMD implanted within the chest of a patient and configured to provide medical treatment associated with a heart disease or condition (para. [0030][0046]); an electrical sensing component of the implantable device that includes multiple sensing channels for sensing multiple electrocardiogram (ECG) sensing vectors selected from tip electrodes, ring electrodes, and/or the housing (para. [0045][0074]; FIG. 2)).
Regarding Claim 4, the combined teachings of Zhang et al. and Mandapaka et al. teach The method of claim 3, and further, the references teach wherein the first device includes an implantable medical device (Zhang et al. teaches that the implantable device is illustrated in medical device telemetry system as an IMD implanted within the chest of a patient (para. [0045][0046])).
Regarding Claim 8, the combined teachings of Zhang et al. and Mandapaka et al. teach The method of claim 1, and further, the references teach wherein the embedded data in the advertising packets includes a bit to signal a request by the first device for the second device to initiate the wireless communication session (Zhang et al. teaches that an alert associated with an implantable device is determined (para. [0111]); the information indicative of the alert associated with the implantable device is encoded as a UUID (para. [0111]); service fields be UUID fields that can be an identifier configured as a defined sequence of bits (para. [0037]); the external device only connects to the implantable device when an advertising data packet indicates a request for communication (para. [0042]); the communication component establishes, via a communication channel different than the advertising communication channel associated with the advertising data packet, a wireless communication link with the external device (para. [0069])).
Regarding Claim 9, the combined teachings of Zhang et al. and Mandapaka et al. teach The method of claim 1, and further, the references teach wherein the first device is configured to determine more than one condition (Zhang et al. teaches that the implantable device inserts information associated with the implantable device into a field of an advertising data packet (para. [0030]); the implantable device is an IMD that is configured to facilitate one or more diagnostic or treatment functions relative to the body (para. [0030]); a status of the implantable device, a device status of the implantable device and other information associated with the implantable device can be determined (para. [0106])), the method further comprising using the first device to determine at least one condition from the more than one condition (Zhang et al. teaches that the implantable device transmits sensed physiological data, diagnostic determination made based on the sensed physiological data, implantable device performance data (para. [0042]); an alert associated with an implantable device is determined (para. [0111]); the communication component establishes a communication link with implantable device, in response to a determination that a service field of an advertising data packet includes information, such as, a status of the implantable device, power status information associated with the implantable device, an alert associated with the implantable device (para. [0084])), and identifying the determined at least one condition in the embedded data (Zhang et al. teaches the information indicative of the alert associated with the implantable device is encoded as a UUID (para. [0111]); service fields be UUID fields that can be an identifier configured as a defined sequence of bits (para. [0037])).
Regarding Claim 17, Zhang et al. teaches A method for establishing wireless communication from an implantable medical device in a patient to an external device using a generical access protocol (GAP) for a Bluetooth Low Energy (BLE) protocol where the external device is configured to operate as a central device and the implantable medical device is configured to operate as a peripheral device according to the GAP (Zhang et al. teaches facilitating communication between an implantable device and an external device (para. [0001]); information associated with the implantable device is provided to a wide variety of external devices, including a tablet computer associated with a physician, a medical device associated with a physician, an electronic device at an office of a physician (para. [0043]); advertising packet can be received by any external device through the utilization of a communication protocol such as the Bluetooth low energy communication protocol (para. [0043])), the method comprising: using the implantable medical device to: recognize a condition (Zhang et al. discloses that the implantable device as an IMD is implanted within the chest of a patient and configured to provide medical treatment associated with a heart disease or condition (para. [0040]); data packet component inserts information indicative of an alert into the selected service field of the advertising data packet (para. [0063]); a status of an implantable device is determined by the data packet component (FIG. 2, para. [0105]); the term ‘status’ includes a state of, alert associated with an indicator of and/or a fault condition for an implantable device (para. [0008])); wherein the first and second advertising intervals specify a first time and a second time, respectively, between advertising events (Zhang et al. teaches that the implantable device broadcasts the advertising data packet that includes the information associated with the implantable device during a defined interval of time (para. [0039])[Examiner’s Note: Because the advertising packet is transmitted once the trigger event occurs, the advertising interval is a time between advertising events]) the advertising packets sent at the second advertising interval including embedded data identifying the recognized condition (Zhang et al. teaches that the advertising data packet that includes the information indicative of the status of the implantable device is transmitted via an advertising communication channel (FGI. 7, para. [0108]); method facilitates communication between an implantable device and an external device (para. [0104]); the external device only connects to the implantable device when an advertising data packet indicates a request for communication (para. [0042]); that the external device includes a scanning component (FIG. 3, para. [0079]); the scanning component scans for one or more service fields of an advertising data packet associated with an implantable device (para. [0080][0116])), wherein the implantable medical device requests the external device to initiate communication by including embedded data in the advertising packets (Zhang et al. discloses that the external device establishes a communication link with the implantable device in response to a determination that the information determined during the monitoring is included in the field (para. [0042]); the external device only connects to the implantable device when an advertising data packet indicates a request for communication (para. [0042])), wherein the embedded data in the advertising packets signals a request by the implantable device for the external device to initiate a communication connection (Zhang et al. discloses that the external device only connects to the implantable device when an advertising data packet indicates a request for communication (para. [0042])); and using the external device to: scan for advertising packets to discover the implantable medical device (Zhang et al. discloses that an advertising data packet is employed by an implantable device to make the presence of an implantable device known to other devices in close proximity to the implantable device (e.g., to help other devices discover the implantable device)(para. [0031]); a scanning component of the external device scans for one or more service fields of an advertising data packet associated with an implantable device (para. [0080])); recognize the embedded data in the advertising packets (Zhang et al. discloses that the scanning component of the external device scans for one or more service fields of an advertising data packet associated with an implantable device (para. [0080])); and initiate the communication connection with implantable medical device in response to recognizing the embedded data (Zhang et al. discloses that the external device only connects to the implantable device when an advertising data packet indicates a request for communication (para. [0042])).
teaching that advertising data packets are transmitted in advertising channels as noted above, Zhang et al. does not explicitly teach in response to the recognized condition, modify a first advertising interval to a second advertising interval different from the first advertising interval and send advertising packets at the second advertising interval over an advertising channel, wherein the first and second advertising intervals specify a first time and a second time, respectively, between advertising events, the advertising packets sent at the second advertising interval including embedded data identifying the recognized condition. Mandaoaka et al. teaches such limitations.
Mandapaka et al. is directed to system and method for communication of analyte data. More specifically, Mandapaka et al. teaches in response to the recognized condition, modify a first advertising interval to a second advertising interval different from the first advertising interval (Mandapaka et al. teaches that advertisement message interval is adaptively variable or configurable in length, depending on the relevant circumstances (para. [0286]); upon receiving the trigger, analyte sensor system resumes advertising with a short advertisement message period to increase the changes of connecting to display device (para. [0480])) and send advertising packets at the second advertising interval over an advertising channel (Mandapaka et al. teaches that upon receiving the trigger, analyte sensor system resumes advertising with a short advertisement message period to increase the changes of connecting to display device (para. [0480])), wherein the first and second advertising intervals specify a first time and a second time, respectively, between advertising events (Mandapaka et al. teaches that time window for advertisement message is a duration of time during which advertisement messages are actually transmitted (para. [0285]; FIG. 9)), the advertising packets sent at the second advertising interval including embedded data identifying the recognized condition (Mandapaka et al. teaches upon receiving the trigger, analyte sensor system resumes advertising with a short advertisement message period to increase the changes of connecting to display device (para. [0480])).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang et al. so that in response to the determined trigger using the first device to modify the first advertising interval to a second advertising interval different from the first advertising interval, as taught by Mandapaka et al. The modification would have allowed the system to increase the chances of connecting to display device (see Mandapaka et al., para [0480]).
Regarding Claim 19, Zhang et al. teaches A system (Zhang et al. teaches facilitating communication between an implantable device and an external device (para. [0001]; FIG. 1)), comprising: a first device and a second device (Zhang et al. discloses a medical device telemetry system that includes an external device 116 and implantable device 104 (FIG. 1)), wherein the first device is configured to send advertising packets at a first advertising interval over an advertising channel for use by the second device to discover the first device (Zhang et al. teaches that the implantable device encodes and/or generate information associated with the implantable device into a field of an advertising data packet (para. [0030]); the implantable device broadcasts the advertising data packet that includes the information associated with the implantable device during a defined interval of time (para. [0039]); the information associated with the implantable device to be included in an advertising data packet that can be received by any external device through the utilization of a communication protocol such as Bluetooth low energy communication protocol (para. [0043]); advertising data packet is configured for transmission over an advertising communication channel (para. [0057])), wherein the first advertising interval specifies a first time between advertising events (Zhang et al. teaches that the implantable device broadcasts the advertising data packet that includes the information associated with the implantable device during a defined interval of time (para. [0039])[Examiner’s Note: Because the advertising packet is transmitted once the trigger event occurs, the advertising interval is a time between advertising events]); wherein the first device is configured to determine a trigger for requesting communication with the second device (Zhang et al. discloses that a status of an implantable device is determined by the data packet component (FIG. 2, para. [0105]); the term ‘status’ includes a state of, alert associated with an indicator of and/or a fault condition for an implantable device (para. [0008]); the communication is established in response to a determination that a criterion associated with a service field of the one or more service fields is satisfied (para. [0117])), the trigger comprising at least one condition or event detected by the first device (Zhang et al. discloses that the data component inserts information indicative of an alert into the selected service field of the advertising data packet (para. [0063]); information associated with the implantable device can be indicative of a fault status associated with the implantable device (para. [0063])), the advertising packets sent at the second advertising interval including embedded data identifying the determined trigger (Zhang et al. discloses that the data component inserts information indicative of an alert into the selected service field of the advertising data packet (para. [0063]); information associated with the implantable device can be indicative of a fault status associated with the implantable device (para. [0063])), wherein the embedded data comprises information indicative of the at least one condition or event (Zhang et al. discloses that the implantable device inserts information indicative of the information associated with the implantable device into the field of the advertising data packet, and transmits the advertising data packet (para. [0039]); information associated with the implantable device can be indicative of a fault status associated with the implantable device (para. [0063]); that the external device only connects to the implantable device when an advertising data packet indicates a request for communication (para. [0042])), and wherein the second device is configured to scan for advertising packets to discover the first device (Zhang et al. discloses the external device includes a scanning component (FIG. 3, para. [0079]); the scanning component scans for one or more service fields of an advertising data packet associated with an implantable device (para. [0080][0116]); the communication is established in response to a determination that a criterion associated with a service field of the one or more service fields is satisfied (para. [0117])), recognize the embedded data in the advertising packets, and initiate a wireless communication session with the first device in response to recognizing the embedded data identifying the determined trigger (Zhang et al. discloses that the scanning component scans one or more service fields of an advertising data packet associated with an implantable device (para. [0116]); the communication component establishes a communication link with the implantable device via a communication channel different than the advertising communication channel (para. [0117]); the communication link can be established in response to a determination that the implantable device is ready to communicate information (para. [0084][0118])).
Although teaching that advertising data packets are transmitted in advertising channels as noted above, Zhang et al. does not explicitly teach in response to the determined trigger, modify the first advertising interval to a second advertising interval different from the first advertising interval and send advertising packets at the second advertising interval over the advertising channel, the advertising packets sent at the second advertising interval including embedded data identifying the determined trigger. Mandaoaka et al. teaches such limitations.
Mandapaka et al. is directed to system and method for communication of analyte data. More specifically, Mandapaka et al. teaches in response to the determined trigger, modify the first advertising interval to a second advertising interval different from the first advertising interval and send advertising packets at the second advertising interval over the advertising channel (Mandapaka et al. teaches that advertisement message interval is adaptively variable or configurable in length, depending on the relevant circumstances (para. [0286]); upon receiving the trigger, analyte sensor system resumes advertising with a short advertisement message period to increase the changes of connecting to display device (para. [0480])), the advertising packets sent at the second advertising interval including embedded data identifying the determined trigger (Mandapaka et al. teaches upon receiving the trigger, analyte sensor system resumes advertising with a short advertisement message period to increase the changes of connecting to display device (para. [0480])).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Zhang et al. so that in response to the determined trigger using the first device to modify the first advertising interval to a second advertising interval different from the first advertising interval, as taught by Mandapaka et al. The modification would have allowed the system to increase the chances of connecting to display device (see Mandapaka et al., para [0480]).
Regarding Claim 21, the combined teachings of Zhang et al. and Mandapaka et al. teach The method of claim 1, and further, the references teach wherein the second advertising interval is shorter than the first advertising interval (Mandapaka et al. teaches upon receiving the trigger, analyte sensor system resumes advertising with a short advertisement message period to increase the changes of connecting to display device (para. [0480])).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Zhang et al. so that the second advertising interval is shorter than the first advertising interval, as taught by Mandapaka et al. The modification would have allowed the system to increase the chances of connecting to display device (see Mandapaka et al., para [0480]).
Regarding Claim 23, the combined teachings of Zhang et al. and Mandapaka et al. teach The method of claim 17, and further, the references teach wherein the second advertising interval is shorter than the first advertising interval (Mandapaka et al. teaches upon receiving the trigger, analyte sensor system resumes advertising with a short advertisement message period to increase the changes of connecting to display device (para. [0480])).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang et al. so that the second advertising interval is shorter than the first advertising interval, as taught by Mandapaka et al. The modification would have allowed the system to increase the chances of connecting to display device (see Mandapaka et al., para [0480]).
Claims 5 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (U.S. Patent Application Publication No. 2017/0056677), Mandapaka et al. (U.S. Patent Application Publication No. 2018/0110077), and further in view of Marnfeldt et al. (U.S. Patent Application Publication No. 2018/0140830).
Regarding Claim 5, the combined teachings of Zhang et al. and Mandapaka et al. teach The method of claim 3, although teaching neurostimulators (para. [0051]), the references do not explicitly teach wherein the first device includes a neuromodulator configured to deliver a neuromodulation therapy. Marnfeldt et al. teaches such a limitation.
Marnfekdt et al. is directed to systems and methods for programming neuromodulation waveform. More specifically, Marnfeldt et al. teaches that the IMD is an implantable neuromodulator device configured to provide SCS, DBS, PNS, or other types of neuromodulation therapies (para. [0045]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang et al. and Mandapaka et al. so that the first device includes a neuromodulator configured to deliver a neuromodulation therapy, as taught by Marnfeldt et al. The modification would have allowed the system to program neuromodulation waveform more efficiently in for delivering electrostimulation therapy (see Marnfeldt et al., para [0007]).
Regarding Claim 18, the combined teachings of Zhang et al. and Mandapaka et al. teach The method of claim 17, and further, the references teach wherein: the implantable medical device includes a neuromodulator or a cardiac stimulator (Zhang et al. teaches that the implantable device includes cardiac pacemakers, cardiac defibrillators. Neural stimulation devices (para. [0045])); the external device includes a remote control, a clinician programmer, or a personal electronic device (Zhang et al. teaches that information associated with the implantable device is provided to a wide variety of external devices, including a tablet computer associated with a physician, a medical device associated with a physician, an electronic device at an office of a physician (para. [0043])); and the recognized condition includes abnormal sensed data or a change in the implantable medical device (Zhang et al. teaches that the information associated with implantable device includes medical data associated with the implantable device (para. [0064]); the implantable device transmits sensed physiological data, implantable device performance data (para. [0042]); control component detects VT episodes that are life-threatening if left untreated (para. [0075])).
Although teaching neuro stimulation device as noted above, the references do not explicitly teach the implantable medical device includes a neuromodulator or a cardiac stimulator. Marnfeldt et al. teaches such a limitation.
Marnfekdt et al. is directed to systems and methods for programming neuromodulation waveform. More specifically, Marnfeldt et al. teaches that the IMD is an implantable neuromodulator device configured to provide SCS, DBS, PNS, or other types of neuromodulation therapies (para. [0045]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang et al. and Mandapaka et al. so that the implantable medical device includes a neuromodulator configured to deliver a neuromodulation therapy, as taught by Marnfeldt et al. The modification would have allowed the system to program neuromodulation waveform more efficiently in for delivering electrostimulation therapy (see Marnfeldt et al., para [0007]).
Claims 6 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (U.S. Patent Application Publication No. 2017/0056677), Mandapaka et al. (U.S. Patent Application Publication No. 2018/0110077), and further in view of Jeon (U.S. Patent Application Publication No. 2017/0055108).
Regarding Claim 6, the combined teachings of Zhang et al. and Mandapaka et al. teach The method of claim 1, and further, the references teach wherein the first device is configured to determine more than one trigger (Zhang et al. teaches that an alert associate with an implantable device can be determined, and other information associated with the implantable device is additionally determined (para. [0111]); Mandapaka et al. teaches that sensor electronic module determines which of the one or more alarms to trigger based on one or more alerts that are triggered (para. [0196])).
However, although teaching different size of advertising interval, the references do not explicitly teach and the second advertising interval is selected from a plurality of different advertising intervals based on the determined trigger, wherein different triggers correspond to different advertising intervals of the plurality of different advertising intervals. Jeon teaches such limitations.
Jeon is directed to method and apparatus for automatic Bluetooth connection using Bluetooth dual mode. More specifically, Jeon teaches and the second advertising interval is selected from a plurality of different advertising intervals based on the determined trigger (Jeon teaches that a discovery period decision unit determines or change, the period of advertisement discovery based on the vehicle status information (para. [0099])), wherein different triggers correspond to different advertising intervals of the plurality of different advertising intervals (Jeon teaches that that vehicle status information includes vehicle battery charging state, an ignition state (para. [0111]); when the vehicle status information is changed, the head unit updates the vehicle status information and change the period of advertisement discovery (para. [0138], indicating that each different status corresponds to different advertisement intervals).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang et al. Mandapaka et al. so that the second advertising interval is selected from a plurality of different advertising intervals based on the determined trigger, as taught by Jeon. The modification would have allowed the system to optimizat power consumption (see Jeon, para [0015]).
Regarding Claim 22, the combined teachings of Zhang et al., Mandapaka et al., and Jeon teach The method of claim 6, and further, the references teach wherein a first trigger of the more than one trigger corresponds to a shorter advertising interval of the plurality of different advertising intervals than a second trigger of the more than one trigger (Mandapaka et al. teaches upon receiving the trigger, analyte sensor system resumes advertising with a short advertisement message period to increase the changes of connecting to display device (para. [0480]), indicating the trigger results in a shorter advertisement message period than the previous trigger).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Zhang et al. and Jeon so that a first trigger of the more than one trigger corresponds to a shorter advertising interval of the plurality of different advertising intervals than a second trigger of the more than one trigger, as taught by Mandapaka et al. The modification would have allowed the system to increase the chances of connecting to display device (see Mandapaka et al., para [0480]).
.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (U.S. Patent Application Publication No. 2017/0056677), Mandapaka et al. (U.S. Patent Application Publication No. 2018/0110077), and further in view of Wright et al. (U.S. Patent Application Publication No. 2010/0191375).
Regarding Claim 10, the combined teachings of Zhang et al. and Mandapaka et al. teach The method of claim 9, however, the references do not explicitly teach further comprising sending a time stamp within the embedded data corresponding to when the determined at least one condition occurred. Wright et al. teaches such a limitation.
Wright et al. is directed to documentation through a remote presence robot. More specifically, Wright et al. teaches the system further includes a storage device that stores session content data regarding the session, and the session content data includes time stamps that allow a user to determine the time that events occurred during the session (para. [0021]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang et al. and Mandapaka et al. so that a time stamp is sent within the embedded data corresponding to when the determined at least one condition occurred, as taught by Wright et al. The modification would have allowed the system to allow a physician to remotely view and treat a patient (see Wright et al., para [0047]).
Regarding Claim 11, the combined teachings of Zhang et al., Mandapaka et al., and Wright et al. teach The method of claim 10, and further, the references teach further comprising sending additional information relevant to the determined at least one condition (Zhang et al. teaches that the particular information can be added to an advertising data packet by encoding the particular information in the advertising data packet (para. [0034]); in response to another information that the other particular information is associated with and detected by the implantable device, another field is selected (para. [0034])), wherein the additional relevant information includes: an action by the first device, at least one measurement performed by the first device, or an indication of a condition of the first device or a person using the first device (Zhang et al. teaches that a field is configured to represent medical data associated with the implantable device, remote monitoring associated with the implantable device, patient data associated with the implantable device (para. [0038]); medical data includes medical data read or otherwise obtained by the implantable device, and a medical dosage provided by the implantable device (para. [0038])).
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (U.S. Patent Application Publication No. 2017/0056677), Mandapaka et al. (U.S. Patent Application Publication No. 2018/0110077), and further in view of Stone et al. (U.S. Patent Application Publication No. 2013/0289446).
Regarding Claim 12, the combined teachings of Zhang et al. and Mandapaka et al. teach The method of claim 1, however, the references do not explicitly teach further comprising changing operation of the first device based on the determined trigger. Stone et al. teaches such a limitation.
Stone et al. is directed to bladder fullness level indication based on bladder oscillation frequency. More specifically, Stone et al. teaches that the needs of patient changes (para. [0115]); a patient selects therapy programs, modify one or more therapy parameter values of a stored therapy program through individual or global adjustments, transmit a new therapy program to a medical device (para. [0117]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang et al. and Mandapaka et al. so that operation of the first device is changed based in the determined trigger, as taught by Stone et al. The modification would have allowed the system to take a responsive action based on the current status (see Stone et al., para [0014]).
Regarding Claim 13, the combined teachings of Zhang et al., Mandapaka et al., and Stone et al. teach The method of claim 12, and further, the references teach wherein the first device changes between a closed- loop therapy and an open loop therapy based on the determined trigger (Stone et al. teaches that the first stimulation therapy is delivered in as part of open loop therapy that does not use input from a sensor or user to initiate therapy delivery, while the second stimulation therapy is delivered as part of closed-loop therapy that utilizes input from sensor to trigger therapy delivery (para. [0153]; FIG. 10)).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang et al. and Mandapaka et al. so that the first device changes between a closed-loop therapy and an open loop therapy based on the determined trigger, as taught by Stone et al. The modification would have allowed the system to take a responsive action based on the current status (see Stone et al., para [0014]).
Regarding Claim 14, the combined teachings of Zhang et al., Mandapaka et al., and Stone et al. teach The method of claim 12, and further, the references teach wherein the determined trigger includes a determined medical event or a determined device event for the first device (Stone et al. teaches the oscillation frequency of the bladder indicates a bladder fullness level of a patient (para. [0030]; FIG. 10); Zhang et al. teaches that information includes power status information associated with the implantable device, medical data associated with the implantable device (para. [0111])).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang et al. and Mandapaka et al. so that the determined trigger includes a determined medical event or a determined device event for the first device, as taught by Stone et al. The modification would have allowed the system to take a responsive action based on the current status (see Stone et al., para [0014]).
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (U.S. Patent Application Publication No. 2017/0056677), Mandapaka et al. (U.S. Patent Application Publication No. 2018/0110077), and further in view of Mears (U.S. Patent Application Publication No. 2021/0113160).
Regarding Claim 15, the combined teachings of Zhang et al. and Mandapaka et al. teach The method of claim 1, wherein: the first device is an implantable medical device configured to be implanted in a patient (Zhang et al. teaches that the implantable device is illustrated in medical device telemetry system as an IMD implanted within the chest of a patient (para. [0045][0046])), the using the first device to send the request includes using the first device to alert the patient of the request for the communication (Zhang et al. teaches that external device connects to the implantable device when an advertising data packet indicates a request for communication between the implantable device and an external device (para. [0042])).
However, the references not explicitly teach the using the first device to send the request includes using the first device to alert the patient of the request for the communication, the first device alerts the patient using a display, an audio signal, or vibration, using the first device to determine that the patient did not acknowledge the request, and automatically broadcast an emergency signal to at least one other device when the patient does not acknowledge the request. Mears teach such limitations.
Mears is directed to testing cognitive ability of user to self-treat from medical event. More specifically, Mears teaches the using the first device to send the request includes using the first device to alert the patient of the request for the communication (Mears teaches an alert is provided on the user device to inform the user that the user’s blood glucose level is above or below the predefined threshold (para. [0045]); the processor of the user device awaits a predefined period of time for input regarding a self-treatment action has been taken (para. [0046]); the input is provided from the user confirming that the appropriate self-treatment action has been taken (para. [0046]), indication that the alert is for input from the user), the first device alerts the patient using a display, an audio signal, or vibration (Mears teaches that the alert is an audible or non-audible alert, and that the alert is provided as a notification on a display of the user device, or sound generated by the processor (para. [0046])), using the first device to determine that the patient did not acknowledge the request (Mears teaches that if positive input fails to be provided within the period of time, a self-treat test is generated and displayed by the processor to test if the user is mentally fit to perform self-treatment (para. [0046]); the inability to perform the test is correlated to a lack of mental ability to self-treat from the extreme diabetic event, and assistance is solicited for the user by communicating a diabetes-related alert (para. [0050])), and automatically broadcast an emergency signal to at least one other device when the patient does not acknowledge the request (Mears teaches that the inability to perform the test is correlated to a lack of mental ability to self-treat from the extreme diabetic event, and assistance is solicited for the user by communicating a diabetes-related alert (para. [0050]); the diabetes-related alert is an audible alert communicated via an external speaker to an occupant of a space, or communicated via one or more remote computing devices external to the user devices (para. [0053])).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang et al. and Mandapaka et al. so that using the first device to determine that the patient did not acknowledge the request, and automatically broadcast an emergency signal to at least one other deice when the patient does not acknowledge the request, as taught by Mears. The modification would have allowed the system to inform notify user’s extreme diabetic state (see Mears., para [0053]).
Regarding Claim 16, the combined teachings of Zhang et al. and Mandapaka et al. teach The method of claim 1, however, the references do not explicitly teach wherein the second device or a third device is configured to alert a patient of the request for the communication using a display, an audio signal, or vibration, determine that the patient did not acknowledge the request, and automatically broadcast an emergency signal to at least one other device when the patient does not acknowledge the request. Mears teaches such limitations.
Mears is directed to testing cognitive ability of user to self-treat from medical event. More specifically, Mears teaches wherein the second device or a third device is configured to alert a patient of the request for the communication using a display, an audio signal, or vibration (Mears teaches that a mobile device or another continuous glucose monitor (CGM) controller device provides audible alerts, graphical user interfaces, or non-audible alerts in response to data indications or triggers identified in the monitored blood glucose data (para. [0019])), determine that the patient did not acknowledge the request (Mears teaches that if positive input fails to be provided within the period of time, a self-treat test is generated and displayed by the processor to test if the user is mentally fit to perform self-treatment (para. [0046]); the inability to perform the test is correlated to a lack of mental ability to self-treat from the extreme diabetic event, and assistance is solicited for the user by communicating a diabetes-related alert (para. [0050])), and automatically broadcast an emergency signal to at least one other device when the patient does not acknowledge the request (Mears teaches that the inability to perform the test is correlated to a lack of mental ability to self-treat from the extreme diabetic event, and assistance is solicited for the user by communicating a diabetes-related alert (para. [0050]); the diabetes-related alert is an audible alert communicated via an external speaker to an occupant of a space, or communicated via one or more remote computing devices external to the user devices (para. [0053])).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Zhang et al. and Mandapaka et al. so that using the first device to determine that the patient did not acknowledge the request, and automatically broadcast an emergency signal to at least one other deice when the patient does not acknowledge the request, as taught by Mears. The modification would have allowed the system to inform notify user’s extreme diabetic state (see Mears., para [0053]).
Conclusion
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/REBECCA E SONG/Supervisory Patent Examiner, Art Unit 2417
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