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 .
Response to Amendment
This office action is responsive to the amendment filed on February 24, 2026. As directed by the amendment: claim(s) 1, 14 and 15 have been amended, claim(s) 6 have been cancelled, and no claim(s) have been added. Thus, claims 1-5 and 7-20 are currently pending in the application.
Response to Arguments
Applicant’s arguments with respect to claims 1-5 and 7-20 have been considered but the arguments do not apply to the combination of the references being used in the new grounds of rejection set forth above. The applicant asserts that the prior art rejections do not teach or suggest the features as now amended into the amended claims; therefore, the examiner has applied a new combination of prior art to reject the claims and address the arguments necessitated by such amendment.
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.
Claim(s) 1-5, 7-8, 10-11, 13-14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Telfort (US 2018/0085068 A1) in view of Al-Ali (US 8,430,817 B1).
Regarding claim 1, Telfort discloses a monitoring device configured to be removably attached to a patient's neck (e.g. [0054]-[0055] Fig 3A:300a) the monitoring device comprising: an optical unit for monitoring one or more vital signs including at least one of pulse rate and respiration rate (e.g. Fig 3A:320 [0060]-[0061]); and an acoustic unit for monitoring one or more vital signs including at least one of pulse rate and respiration rate (e.g. [0028]; Fig 3A:310/312 ); and wherein the monitoring device is configured to compare a first value for a vital sign measured by the optical unit to a second value for the same vital sign as measured by the acoustic unit (e.g. [0063]; Fig 7 [0080] the pulse rate can be compared for the two units).
Telfort is silent regarding wherein the monitoring device is configured to issue an alert if the one or more vital signs measured by the optical unit and the acoustic unit diverge by more than a threshold amount for a time period exceeding a pre-set time limit. However, it does detail the ability to output an audible or visual alarm based on the comparison of first value for a vital sign and the second value for the same vital sign (e.g. [0063]).
However, Al-Ali discloses a system for determining confidence in measurements wherein the monitoring device is configured to issue an alert if the one or more vital signs measured by the optical unit and the acoustic unit diverge by more than a threshold amount for a time period exceeding a pre-set time limit (e.g. abstract; col 21 lines 48-60 and col 22 lines 8-23 Fig 9:908) and the alarm can be visual or audio based (e.g. col 19 lines 61-67 and col 20 lines 1-8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device of Telfort to incorporate the teachings of Al-Ali wherein the monitoring device is configured to issue an alert if the one or more vital signs measured by the optical unit and the acoustic unit diverge by more than a threshold amount for a time period exceeding a pre-set time limit to ensure the alarms correspond to a significant event (e.g. Al-Ali col 21 lines 48-60)
Regarding claim 2, modified Telfort discloses wherein the monitoring device is configured to determine whether measurements of the one or more vital signs fall inside or outside of respective pre-defined ranges for the one or more vital signs (e.g. Telfort [0063]; [0080] Fig 7B).
Regarding claim 3, modified Telfort discloses wherein the monitoring device is configured to monitor the rate of change of the measurements of the one or more vital signs, and is configured to determine whether the rate of change of the measurements of the one or more vital signs fall inside or outside of respective pre-defined ranges for rate of change of the measurements of the one or more vital signs (e.g. Telfort [0063]; [0080] Fig 7B).
Regarding claim 4, modified Telfort discloses wherein the monitoring device is configured to issue an alert if the one or more vital signs is outside the respective pre- defined range for a time period exceeding a respective pre-set time limit (e.g. Telfort [0063]; [0080] Fig 7B Al-Ali abstract; col 21 lines 48-60 and col 22 lines 8-23 Fig 9:908).
Regarding claim 5, modified Telfort discloses wherein the monitoring device is configured to issue an alert if the rate of change of the measurements of the one or more vital signs is outside the respective pre-defined range for a time period exceeding a respective pre-set time limit (e.g. Telfort [0063]; [0080] Fig 7B Al-Ali abstract; col 21 lines 48-60 and col 22 lines 8-23 Fig 9:908).
Regarding claim 7, modified Telfort discloses wherein the alert is an audible alert and the monitoring device comprises a speaker for outputting the audible alert (e.g. Telfort [0063] audible alarm Al-Ali col 19 lines 61-67 and col 20 lines 1-8).
Regarding claim 8, modified Telfort discloses wherein the alert is a visual alert, and the monitoring device comprises a display screen and/or a visible light source for outputting the visual alert (e.g. Telfort Fig 1A:11 [0037]; [0063]).
Regarding claim 10, modified Telfort is silent regarding wherein the monitoring device comprises a processor for analysing the one or more vital signs (e.g. Telfort Fig 1A:11 [0037]).
Regarding claim 11, modified Telfort discloses wherein the monitoring device comprises a display for displaying the one or more vital signs (e.g. Telfort Fig 1A:19 [0037]; [0063]).
Regarding claim 13, modified Telfort discloses wherein the acoustic unit comprises a microphone or a piezoelectric sensor (e.g. Telfort [0045]; [0054]).
Regarding claim 14, modified Telfort discloses wherein the vital signs monitored by the optical unit include blood oxygen saturation (e.g. Telfort [0060]).
Regarding claim 16, modified Telfort discloses comprising an adhesive pad for removably attaching the monitoring device to the neck of the patient (e.g. Telfort [0048]-[0050]).
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Telfort in view of Al-Ali as applied to claims 1 and 4 above, and further in view of Perschbacher (US 2018/0310892 A1)
Regarding claim 9, modified Telfort is silent regarding comprising an integrated storage means configured to store a history of the alerts. Modified Telfort does disclose the use of a memory and storage (e.g. Telfort [0118]).
However, Perschbacher teaches a system and method for medical alert management comprising an integrated storage means configured to store a history of the alerts (e.g. [0024]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the system of Telfort to incorporate the teachings of Perschbacher comprising an integrated storage means configured to store a history of the alerts for the purpose of knowing the priority of the alert based on historical data (e.g. Perschbacher [0024]).
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Telfort in view of Al-Ali as applied to claim 1, and further in view of Joseph (US 2020/0054278 A1)
Regarding claim 15, modified Telfort is silent regarding wherein the vital signs monitored by the acoustic unit include airway patency.
However, Joseph discloses an acoustic sensor and ventilation monitoring system wherein the vital signs monitored by the acoustic unit include airway patency (e.g. [0067]; [0071]; [0092]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the modified system of Telfort to incorporate the teachings of Joseph wherein the vital signs monitored by the acoustic unit include airway patency for the purpose of monitoring another parameter or respiration utilizing a acoustic sensor (e.g. Joseph [0067]; [0071]; [0092]).
Claim(s) 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Telfort in view of Al-Ali as applied to claim 1, and further in view of McCombie (US 2010/0298661 A1)
Regarding claim 17, Telfort is silent regarding comprising a strap for removably attaching the monitoring device to the neck of the patient.
However. McCombie discloses a body-worn monitor comprising a strap for removably attaching the monitoring device to the patient (e.g. [0128]; [0135] the strap is used for attaching to the wrist but can be utilized to attach the device to the user).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the modified system of Telfort to incorporate the teachings of McCombie to substitute the adhesive for a strap for removably attaching the monitoring device to the neck of the patient as known substitutions in the art.
Regarding claim 20, Telfort is silent regarding wherein the monitoring device is configured to transmit a history of the one or more vital signs and/or alerts to a remote storage server.
However. McCombie discloses a body-worn monitor regarding wherein the monitoring device is configured to transmit a history of the one or more vital signs and/or alerts to a remote storage server (e.g. [0012]; [0061]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the system of Telfort to incorporate the teachings of McCombie wherein the monitoring device is configured to transmit a history of the one or more vital signs and/or alerts to a remote storage server for the purpose of allowing the data to be received by the necessary medical professionals (e.g. McCombie [0061]).
Claim(s) 12 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Telfort in view of Al-Ali as applied to claim 1 above, and further in view of Kugler (US 2011/0218409 A1)
Regarding claim 12, modified Telfort is silent regarding wherein the optical unit comprises a reflectance pulse oximeter.
However, Kugler discloses a device and method utilizing an acoustic and optical sensor (e.g. abstract) wherein the optical unit comprises a reflectance pulse oximeter (e.g. [0024] Fig 6:a-c).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the modified system of Telfort to incorporate the teachings of Kugler wherein the optical unit comprises a reflectance pulse oximeter for the purpose of utilizing a sensor in a well-known way.
Regarding claim 18, modified Telfort is silent regarding an integrated storage means configured to store a historical record of the one or more vital signs. Modified Telfort does disclose the use of a memory and storage (e.g. Telfort [0118]).
However, Kugler discloses a device and method utilizing an acoustic and optical sensor (e.g. abstract) and comprising an integrated storage means configured to store a historical record of the one or more vital signs (e.g. Fig 6:m [0024]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the modified system of Telfort to incorporate the teachings of Kugler an integrated storage means configured to store a historical record of the one or more vital signs for the purpose of utilizing the memory already in Telfort in a well-known way.
Regarding claim 19, modified Telfort is silent regarding wherein the monitoring device further comprises a wireless interface for communication with an external device and/or a remote storage server.
However, Kugler discloses a device and method utilizing an acoustic and optical sensor (e.g. abstract) wherein the monitoring device further comprises a wireless interface for communication with an external device and/or a remote storage server (e.g. [0027]; [0029]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the modified system of Telfort to incorporate the teachings of Kugler wherein the monitoring device further comprises a wireless interface for communication with an external device and/or a remote storage server for the purpose of being able to store and analyze the data externally (e.g. Kugler [0029]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSANDRA F HOUGH whose telephone number is (571)270-7902. The examiner can normally be reached Monday-Thursday 7 am - 4 pm.
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, David Hamaoui can be reached at (571)270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Jessandra Hough June 6, 2026
/J.F.H./Examiner, Art Unit 3796
/William J Levicky/Primary Examiner, Art Unit 3796
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