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 .
DETAILED ACTION
This Office Action is in response to the Applicants’ communication filed on 01/25/2024. In virtue of this communication, claims 1 and 12-21 are currently pending in the instant application.
Drawings
The subject matter of this application admits of illustration by a drawing to facilitate understanding of the invention. Applicant is required to furnish a drawing under 37 CFR 1.81(c). No new matter may be introduced in the required drawing. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 17-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. It is unclear what limitations are included in the claims when referring back to multiple other independent claims. For example, Claim 21 states “a method according to claim 19 using the system according to claim 17. Claim 19 includes device claim 12. Claim 17 includes device claims 1 and 12. Claim 1 also states “such as” and this is indefinite as it is unclear if the limitation after “such as” is to be included in the claim.
Claim Rejections - 35 USC § 102
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, 12-15 and 17-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Berg et al. (DE 10 2019 001 483 A1). Applicant provided reference with translations as also shown in ISR written opinion translations, hereinafter Berg.
Regarding Claim 1 Berg teaches the limitations "A transmission unit for a signal outside the bandwidth in a Bluetooth pairing of at least two Bluetooth-enabled devices, see par. 0035 and fig. 1 (communication interface 9 between patient sensor Bt device and patient monitor Bt device);
wherein the transmission unit is provided with at least one shielded receptacle for a Bluetooth-enabled device, (“docking”, see par. 0035 “transmission can only take place in a docked state”);
wherein the receptacle is provided with a signal source and/or with a signal detector such that a Bluetooth-enabled device positioned in the receptacle can receive and/or transmit in a shielded manner signals which represent a Bluetooth pairing code and/or device- specific or patient-specific data, such as a configuration or a patient identification number" (see fig. 1, par. 0034-0035 and 0039-0040, translation showing “communication between the patient sensor 1 and the patient monitor 2 pictured. First, the patient monitor 2 the device communication contact 10 the information interface 9 and the patient sensor 1 the sensor communication contact 11 the information interface 9 ready. The information interface 9 is preferably designed for both GPIO and UART TX communication. The device communication contact 10 can send an on / off signal from the sensor communication contact 11 after successful mechanical coupling of the patient sensor 1 with the patient monitor 2 or sensor communication contact 11 with the device communication contact 10 is detectable. The patient sensor then transmits 1 its Bluetooth MAC address via the information interface 9 to the patient monitor 2 . The patient monitor 2 searches for the MAC address in its environment and goes into a standby state for pairing with the patient sensor 1 . The patient sensor then transmits 1 a BT pairing request to the patient monitor 2 . The BT pairing request is preferably sent via the patient sensor's Bluetooth module 1 sent. For increased safety it can optionally be provided that the patient sensor 1 additionally a pairing code via the information interface 9 to the patient monitor 2 transmitted.).
Regarding Claim 12 Berg teaches the limitations "A device for measuring vital parameters comprising a Bluetooth module for pairing the device with another Bluetooth-enabled device for wireless data transmission, (see fig. 1 and par. 0035 showing patient sensor Bt device and patient monitor Bt device);
a processor connected to the Bluetooth module; a signal detector connected to the processor; and storage means coupled to the processor and comprising instructions for the processor to receive a Bluetooth pairing code and/or device specific or patient specific data representing a received signal" (see par. 0035-0040 “For increased safety it can optionally be provided that the patient sensor 1 additionally a pairing code via the information interface 9 to the patient monitor 2 transmitted” AND “…the patient sensor 1 transmits its Bluetooth MAC address via the information interface 9”).
Regarding Claim 13 Berg teaches the limitations "The device according to claim 12 further comprising a signal source connected to the processor for emitting a signal, wherein the storage means comprises instructions for the processor to emit a signal representing a Bluetooth pairing code and/or device specific or patient specific data" (see par. 0035-0040 The information interface 9 is preferably designed for both GPIO and UART TX communication. The device communication contact 10 can send an on / off signal from the sensor communication contact 11 after successful mechanical coupling of the patient sensor 1 with the patient monitor 2 or sensor communication contact 11 with the device communication contact 10 is detectable. The patient sensor then transmits 1 its Bluetooth MAC address via the information interface 9 to the patient monitor 2 . The patient monitor 2 searches for the MAC address in its environment and goes into a standby state for pairing with the patient sensor 1 . The patient sensor then transmits 1 a BT pairing request to the patient monitor 2 . The BT pairing request is preferably sent via the patient sensor's Bluetooth module 1 sent.
For increased safety it can optionally be provided that the patient sensor 1 additionally a pairing code via the information interface 9 to the patient monitor 2 transmitted.). (emphasis added).
Claims 18 and 20 are rejected for the same reasons set forth above because the claims have similar limitations or have been addressed.
Regarding Claim 14 Berg teaches the limitations "The device according to claim 12 wherein the storage means are capable of storing at least one Bluetooth pairing code and/or device-specific or patient- specific data" (see last par. Of translation “For increased safety it can optionally be provided that the patient sensor 1 additionally a pairing code via the information interface 9 to the patient monitor 2 transmitted.” In other words, pairing codes are stored).
Regarding Claim 15 Berg teaches the limitations "The device according to claim 12 wherein the signal detector is provided in form of an inorganic or organic photodiode or a phototransistor and/or wherein the signal source is provided in form of a light-emitting diode" (see summary showing “Additionally or alternatively, the patient information can be in the form of a warning signal, e.g. B. at too low a heart rate or too high body temperature. A warning signal can, for example, be an optical one, such as B. a warning light, an indication on a display or the like, or an acoustic warning signal, such as. B. a buzzer, a voice output or the like, or a combination thereof.”
Regarding Claim 17 Berg teaches the limitations " A system comprising a device for measuring vital parameters according to claim 12, a transmission unit according to claim 1, wherein the receptacle is provided with a signal source and/or with a signal detector, such that a device for measuring vital parameters positioned in the receptacle can receive and/or emit shielded signals representing a Bluetooth pairing code and/or device-specific or patient-specific data" (see rejection of claim 1 and 12 above).
Regarding Claim 19 Berg teaches the limitations "A method for connecting a device for measuring vital parameters according to claim 12 with another Bluetooth-enabled device, comprising: (a) receiving a defined signal by the device for measuring vital parameters, wherein the defined signal is transmitted from a signal source to the signal detector of the device for measuring vital parameters, the signal source and the signal detector being shielded;(b) evaluating the defined signal as a Bluetooth pairing code; (c) using the Bluetooth pairing code to establish a Bluetooth connection between the device for measuring vital parameters and the other Bluetooth-enabled device" (see rejection of claim 1 and 12 above).
Regarding Claim 21 Berg teaches the limitations "A method according to claim 19 using the system according to claim 17" (see rejection of claim 1 and 12 above).
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 of this title, 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.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Berg as applied to claim 12 above, and further in view of Al-Ali (US 2018/0213583 A1).
Regarding Claim 16, Berg shows the device of claim 12 but does not explicitly disclose “wherein the device is capable of measuring vital parameters in the auditory canal.”
In the same field of endeavor Al-Ali discloses a patient worn wireless physiological sensor with pairing functionality where the system uses pairing to associate a wireless sensor with a patient monitoring device such as a bedside patient monitor or a mobile device. A signal emitted by a patient monitoring device can be detected by a wireless sensor. The wireless sensor can be associated with the detected signal and pair the wireless sensor with the patient monitoring device. The wireless sensor can be configured to enter into a patient parameter sensing mode of operation after the association of the wireless sensor with the patient monitoring device (see abstract, fig. 1a, 3a and par. 0026 showing era).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to monitor a patients ear canal as taught by Aal-Ali in the system of Berg, in order to improve patient health (see par. 0026 of Al-Ali).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID BILODEAU whose telephone number is (571)270-3192. The examiner can normally be reached Monday-Thursday 6:00am-4:00pm Eastern Standard Time. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wesley Kim can be reached at (571) 272-7867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/David Bilodeau/
Primary Examiner, Art Unit 2648
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