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 represents the first action on the merits.
In the amendments filed 02 February 2024:
Claims 1-25 are amended
Claims 1-25 are pending
Information Disclosure Statement
The Information Disclosure Statement(s) (lDS) submitted on 02 February 2024 is/are in compliance with the provisions of 37 CFR 1.97 and has/have been fully considered by the Examiner.
Priority
This Application claims priority to PCT Application PCT/EP2022/000071 filed 04 August 2022 and Foreign Application DE102021120439.9 filed 05 August 2021
Claim Objections
Claims 1-25 are objected to because of the following informalities: There needs to be an article recited at the beginning of each claim (e.g, instead of “method for adjusting …”, use “A method for adjusting … “ or “The method for adjusting … “). Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show descriptions of the labeled boxes in Figs 1-3 as described in the specification, (For example reference character 8 in Fig.1 should be labeled with the description “lighting function”). The extensive and exclusive use of reference characters within nondescript boxes devoid of any description fails to show detail that is essential for a proper understanding of the disclosed invention. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-4,8,10,14,17,24 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 whether the activation of the lighting function in the dependent claims is the same activation in the independent claims or different activations.
Claim Rejections - 35 USC § 101
Claim 25 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 25 recites a “Computer programme” having various features that, under the broadest reasonable interpretation, may be entirely embodied in software. According to MPEP 2106 (I), there are four categories of invention: process, machine, article of manufacture, and composition of matter. Therefore, as "software" is neither a category of invention nor a subset of one of the categories it does not represent patent eligible subject matter. See In re Nuijten, Docket No. 2006-1371 (Fed. Cir. Sept. 20, 2007). As such, the system is directed to software per se and is not directed to a statutory category of invention as described below.
For subject matter eligibility purposes, the Examiner interprets the computer programme to be stored on a computer.
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-25 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claims 1, 17 and 25 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
The claim recites a method, system and computer programme (interpreted as being stored on a computer for subject matter eligibility analysis purposes), which are within a statutory category.
Step 2A1
The limitations of:
Claims 1, 17, 25 (Claim 1 being representative)
recording patient information which is specific to a medical condition of a patient in the hospital room, [determining whether to activate] a lighting function in the hospital room depending on the recorded patient information, whereby the lighting function includes a wake-up function and a day-night simulation,
as drafted, is a process that, under the broadest reasonable interpretation, covers certain methods of organizing human activity (i.e., managing personal behavior including following rules or instructions) but for recitation of generic computer components. The claims encompass a series of rules or instructions for a person or persons to follow, with or without the aid of a computer, to control hospital room lighting in the manner described in the identified abstract idea, supra. The rules or instructions are the claimed steps of “recording, activating” as indicated supra.
Other than reciting generic computer components (discussed infra), i.e., a system implemented by a data processor (computer), the claimed invention amounts to managing personal behavior or interaction between people. If a claim limitation, under its broadest reasonable interpretation, covers managing personal behavior or interactions between people but for the recitation of generic computer components, then it falls within the “certain methods of organizing human activity” grouping of abstract ideas.
The examiner notes that the abstraction in claim 1 is not performed by any particular technology and is purely directed to an abstract idea employing the additional elements analyzed below
Step 2A2
This judicial exception is not integrated into a practical application. In particular, the claims recite the additional elements of a computer, activating a lighting function, control device and recording device (components of a generic computer, see Spec. Para. 0033) that implements the identified abstract idea. The computer, activating a lighting function, control device and recording device are not described by the applicant and is recited at a high-level of generality (i.e., a generic computer performing generic computer functions) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea.
Regarding activating a lighting function, this equates to saying “apply it,” i.e., apply the results of the abstract idea. MPEP 2106.04(d)(I) indicates that merely saying “apply it” or equivalent to the abstract idea cannot provide a practical application. Accordingly, even in combination, the additional element does not integrate the abstract idea into a practical application.
The claims further recite the additional element of a lighting device. The lighting device merely generally links the abstract idea to a particular technological environment or field of use. MPEP 2106.04(d)(I) indicates that generally linking an abstract idea to a particular technological environment or field of use cannot provide a practical application. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application.
Step 2B
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using a computer, activating a lighting function, control device and recording device to perform the noted steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept (“significantly more”).
The additional element of activating a lighting function was determined to be “apply it.” This has been re-evaluated under the “significantly more” analysis and has also been found insufficient to provide significantly more. MPEP2106.05(I)(A) indicates that merely saying “apply it” or equivalent to the abstract idea cannot provide an inventive concept (“significantly more”). Accordingly, even in combination, this additional element does not provide significantly more. As such the claim is not patent eligible.
Also, as discussed above with respect to integration of the abstract idea into a practical application, the additional element of a lighting device was determined to generally link the abstract idea to a particular technological environment or field of use. This has been re-evaluated under the “significantly more” analysis and has also been found insufficient to provide significantly more. MPEP 2106.05(A) indicates that generally linking an abstract idea to a particular technological environment or field of use cannot provide significantly more. As such the claim is not patent eligible.
Claims 2-16,18-24 are similarly rejected because they either further define/narrow the abstract idea and/or do not further limit the claim to a practical application or provide as inventive concept such that the claims are subject matter eligible even when considered individually or as an ordered combination.
Claim(s) 2 merely describe(s) determining patient data and activating a light, which further defines the abstract idea.
Claim(s) 3 merely describe(s) the recorded patient information, which further defines the abstract idea.
Claim(s) 4 merely describe(s) monitoring patient condition and activating a light, which further defines the abstract idea.
Claim(s) 5 merely describe(s) activating a light, which further defines the abstract idea.
Claim(s) 6 merely describe(s) the external lighting device, which further defines the abstract idea.
Claim(s) 5-6 also includes the additional element of “an external lighting device” which is analyzed the same as the “a lighting device” and does not provide a practical application or significantly more for the same reasons.
Claim(s) 7 merely describe(s) providing a notification interface, which further defines the abstract idea.
Claim(s) 8 merely describe(s) activating lighting function, which further defines the abstract idea.
Claim(s) 9 merely describe(s) varying wake-up function parameters, which further defines the abstract idea.
Claim(s) 10 merely describe(s) using an input device, which further defines the abstract idea.
Claim(s) 10 also includes the additional element of “an input device” which is analyzed the same as the “a recording device” and does not provide a practical application or significantly more for the same reasons.
Claim(s) 11 merely describe(s) the day-night simulation, which further defines the abstract idea.
Claim(s) 12 merely describe(s) the hospital room, which further defines the abstract idea.
Claim(s) 13 merely describe(s) recording patient information, which further defines the abstract idea.
Claim(s) 14 merely describe(s) detecting presence of medical staff, which further defines the abstract idea.
Claim(s) 16 merely describe(s) adjusting the lighting, which further defines the abstract idea.
Claim(s) 18 merely describe(s) the recording device, which further defines the abstract idea.
Claim(s) 13, 18 also includes the additional element of “a sensor” which is analyzed the same as the “a recording device” and does not provide a practical application or significantly more for the same reasons.
Claim(s) 19 merely describe(s) the recording device, which further defines the abstract idea.
Claim(s) 20 merely describe(s) the recording device, which further defines the abstract idea.
Claim(s) 21 merely describe(s) the recording device, which further defines the abstract idea.
Claim(s) 21 also includes the additional element of “a patient data interface” which is analyzed the same as the “a control device” and does not provide a practical application or significantly more for the same reasons.
Claim(s) 22 merely describe(s) the control device, which further defines the abstract idea.
Claim(s) 22 also includes the additional element of “a control interface” which is analyzed the same as the “a control device” and does not provide a practical application or significantly more for the same reasons.
Claim(s) 23 merely describe(s) the notification interface, which further defines the abstract idea.
Claim(s) 21-23 also includes the additional element of “a radio interface” which is analyzed the same as the “a control device” and does not provide a practical application or significantly more for the same reasons.
Claim(s) 23 also includes the additional elements of “a notification system and a notification interface” which is analyzed the same as the “a control device” and does not provide a practical application or significantly more for the same reasons.
Claim(s) 24 merely describe(s) recording patient information and activating a light, which further defines the abstract idea.
Claim Rejections - 35 USC § 103
The Examiner notes that the rejection will reference the translated documents (attached) corresponding to any foreign documents recited in the rejection.
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 1,8-12,14-17,21-22,24-25 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over Barroso et al (US Publication No. 20150126806) in view of Kaikenger et al (US Publication No. 20160375219).
Regarding Claim 1
Barroso teaches method for adjusting lighting in a hospital room, comprising:
recording patient information which is specific to a medical condition of a patient in the hospital room [Barroso at Para. 0070 teaches if the aforementioned activity sensor 113 is something like a camera-based device, it may additionally fulfill the function of the light sensor 111. However, it is also possible that the activity sensor may be realized in other ways, for example as a sensor for detecting parameters such as heart rate and/or brain activity of the patient that allow for the determination of the patient's state of activity (e.g. wakefulness or sleep)], activating a lighting function of at least one lighting device in the hospital room depending on the recorded patient information [Barroso at Para. 0069 teaches the FIGURE further shows an (optional) “activity sensor” 113 that measures how much light is actually “received” by the patient P. This sensor could be e.g. a camera-based device detecting whether the eyes of the patient are open or closed. Based on that information, the lighting schedule may be adapted. For example if during the period in which bright light is desired the eyes of the patient are closed (because the patient is sleeping), the bright light period may be prolonged to compensate for that], whereby the lighting function includes … [ … ] and a day-night simulation [Barroso at Para. 0031 teaches in general, the light level within the controlled room may be controlled according to any schedule or target behavior that is desired for the application at hand. In a preferred embodiment, the internal light source(s) and/or the actuator(s) is/are controlled according to a predetermined time schedule having a circadian cycle of dark and light periods. Thus the physiological and/or mental state of a biological subject (patient, animal etc.) staying in the controlled room can favorably be affected].
Barroso does not teach [ … ] .. a wake-up function … [ ... ]
Kaikenger teaches [ … ] .. a wake-up function [Kaikenger a Para. 0045 teaches the remote computer device can centrally provide wake-up signals to the plurality of patient support systems, and thereby enable the patient support system to be simplified which reduces costs and manufacturing complexity]… [ … ]
It would have been prima facie obvious skill in the art, at the time of effective filing, to combine data recording of Barroso with the wake-up function of Kaikenger with the motivation to improve the sleep and wake-up experience of patients situated on a person support apparatus.
Regarding Claim 8
Barroso/Kaikenger teach method according to claim 1,
Barroso/Kaikenger further teach wherein the method further comprises: activating the lighting function based on at least one parameter of the lighting function, whereby at least one parameter comprises at least one of the following: an intensity of the lighting, colour of the lighting, a duration of the lighting, a frequency of the lighting, a lighting scheme [Barroso at Para. 0062 teaches the internal light sources 121, 122 are connected to the controller 101 by control lines 120 via which the controller can adjust their brightness (and optionally other parameters such as their color). This adjustment is preferably possible continuously or in steps from 0% (shut-off) to 100% of the maximal brightness].
Regarding Claim 9
Barroso/Kaikenger teach the method according to claim 8,
Barroso/Kaikenger further teach wherein the method further comprises:
varying the parameter so that the wake-up function is provided when the recorded patient information corresponds to a first specification, varying the parameter so that the day-night simulation is provided when the recorded patient information corresponds to a second specification [Kaikenger at Para. 0045 teaches alternatively, a wake-up signal may be transmitted to each patient support system at substantially the same time, independent of whether the associated patient is in a light stage of sleep. The light is then activated immediately. In this alternative, the controller of each patient support system may be configured to store in memory the wake-up signal, and only activate the light emitting device when the patient next enters a light stage of sleep], whereby the wake-up function is provided at least by a temporal increase in the lighting intensity over a predefined wake-up period [Kaikenger at Para. 0012 teaches the controller may be further configured to activate the or each light emitting device to emit light substantially only in the first range of visible wavelengths by progressively increasing the intensity of the light emitted by the or each light emitting device from a first intensity to a second intensity over a pre-determined period of time. In this way, the wake-up experience can be more progressive and natural, and thus the effects of sleep inertia can be further reduced] and the day-night simulation is provided at least by a time-of-day-dependent adjustment of the lighting intensity [Barroso at Para. 0055 teaches An embodiment of a method for controlling the aforementioned lighting system may comprise at least one of the following steps; Barroso at Para. 0056 teaches setting the room's lighting to a bright level for at least 6 hours of the day by combined control of the lighting sources and window curtains/blinds/electrochromic devices under control of the sensor signals; Barroso at Para. 0057 teaches setting the room's lighting to dark level for at least 8 hours of the day by combined control of the lighting sources and window curtains/blinds/electrochromic devices under control of the sensor signals].
Regarding Claim 10
Barroso/Kaikenger teach method according to claim 1,
Barroso/Kaikenger further teach wherein the method further comprises: providing an input device to activate the lighting function depending on a user input on the input device, whereby at least one parameter for the lighting function is defined by the user input [Barroso at Para. 0061 teaches as a central component, the lighting system 100 comprises a controller 101 which may be realized by digital data processing units such as a microprocessor or a personal computer. The controller 101 may be located (as shown) inside the controlled room R or at any other convenient location from where it can be connected (by wire and/or wirelessly) to the controlled components. A user interface 102 is preferably connected to the controller 101 to allow for user inputs. It may for example be realized by a keyboard, a touch screen, physical knobs or buttons or rotary dials].
Regarding Claim 11
Barroso/Kaikenger teach method according to claim 1,
Barroso/Kaikenger further teach wherein the day-night simulation is carried out automatically based on at least one fixed time in order to provide time-controlled lighting by at least one lighting device, whereby at least one time corresponding to a current time or is determined by an operator or is determined automatically based on the patient information [Barroso at Para. 0055-0057 (see Claim 9 for explanation); Barroso at Para. 0058 teaches automatically repeating the settings above in regular intervals of 24 hours].
Regarding Claim 12
Barroso/Kaikenger teach method according to claim 1,
Barroso/Kaikenger further teach wherein the hospital room is designed to be windowless and/or shielded from daylight [Barroso at Para. 0050 teaches automated window curtains or blinds, or electrochromic devices (also known as “smart glass”) (interpreted as shielded from daylight)].
Regarding Claim 14
Barroso/Kaikenger teach method according to claim 1,
Barroso/Kaikenger further teach wherein the method further comprises:
conducting of a detection of the presence of a medical staff, the detection being carried out based on a marker, conducting of an evaluation of the detection, activation of at least one lighting function of at least one lighting device in the hospital room depending on the evaluation of the detection [Barroso at Para. 0024 teaches in still another embodiment, the sensor(s) may additionally or alternatively comprise at least one presence sensor for detecting the presence and/or the location of an object or a subject (person) in an area of surveillance, particularly within the controlled room. The presence sensor may optionally be a wirelessly operating tag that can be attached to or worn by the object/subject. Such a detector can for example be used to detect the presence of medical staff in a hospital room, indicating a situation where an increased lighting level is required; Barroso at Para. 0076 teaches presence detection may for example be accomplished with PIR (Passive Infra Red) sensors, video cameras, RFID (Radio-frequency Identification) or other enabling technology. In the described embodiment, members S of the staff are shown to wear RFID tags 112 that can communicate wirelessly with the controller 101. If, after the staff has left the room R, the presence has not been detected for a certain amount of time, the intensity of light sources 151 in the monitoring equipment may return to normal levels or may even be set to zero (shut off) during periods in which low light levels are desired (tag interpreted as marker)].
Regarding Claim 15
Barroso/Kaikenger teach method according to claim 1,
Barroso/Kaikenger further teach wherein the lighting is adjusted via a radio connection [Barroso at Para. 0061 teaches as a central component, the lighting system 100 comprises a controller 101 which may be realized by digital data processing units such as a microprocessor or a personal computer. The controller 101 may be located (as shown) inside the controlled room R or at any other convenient location from where it can be connected (by wire and/or wirelessly) to the controlled components. A user interface 102 is preferably connected to the controller 101 to allow for user inputs. It may for example be realized by a keyboard, a touch screen, physical knobs or buttons or rotary dials].
Regarding Claim 16
Barroso/Kaikenger teach method according to claim 1,
Barroso/Kaikenger further teach wherein the adjustment of the lighting is carried out via an electrical connection [Barroso at Para. 0061 (see Claim 1 for explanation)].
Regarding Claim 17
Barroso teaches aystem for adjusting a lighting in a hospital room comprising:
a recording device for detecting patient information which is specific to a medical condition of a patient in the hospital room [Barroso at Para. 0070 (see Claim 1 for explanation)], control device for activating a lighting function of at least one lighting device in the hospital room depending on the recorded patient information [Barroso at Para. 0069 (see Claim 1 for explanation)], whereby the lighting function includes … [ … ] … and a day-night simulation [Barroso at Para. 0031 (see Claim 1 for explanation)].
Barroso does not teach [ … ] … a wake-up function … [ … ]
Kaikenger teaches [ … ] … a wake-up function [Kaikenger a Para. 0045 (see Claim 1 for explanation)] … [ … ]
It would have been prima facie obvious skill in the art, at the time of effective filing, to combine data recording of Barroso with the wake-up function of Kaikenger with the motivation to improves the sleep and wake-up experience of patients situated on a person support apparatus.
Regarding Claim 21
Barroso/Kaikenger teach system according to claim 17,
Barroso/Kaikenger further teach wherein the recording device has a patient data interface to a patient data management system in order to provide patient data, whereby the patient data interface is designed as an electrical or as a radio interface [Kaikenger at Para. 0083 teaches as can be seen, on initiation of the wake-up process 600, the computer device conducts the sleep stage determination 602, for each patient associated with a patient support system. The patient will either be in a light stage of sleep 604, including awake, or a deep sleep stage, including REM 606. If the patient is in a light stage of sleep the light emitting device on the respective patient support system 100, 300, 400 is activated 608. While the patient remains asleep 610, an indicator is displayed on the computer device 504 indicating that the healthcare professional should wait before attending that patient. When the patient awakes 612, an indicator is displayed on the computer device 504 to indicate that the patient is awake and the healthcare professional can attend to that patient].
Regarding Claim 22
Barroso/Kaikenger teach system according to claim 17,
Barroso/Kaikenger further teach wherein the control device features a control interface in order to provide the adjustment of the lighting, whereby the control interface is designed as an electrical or as a radio interface [Barroso at Para. 0061 (see Claim 10 for explanation)].
Regarding Claim 24
Barroso/Kaikenger teach system according to claim 17,
Barroso/Kaikenger further teach wherein the system is designed to carry out the following steps: recording patient information which is specific to a medical condition of a patient in the hospital room [Barroso at Para. 0070 (see Claim 1 for explanation)], activating a lighting function of at least one lighting device in the hospital room depending on the recorded patient information [Barroso at Para. 0069 (see Claim 1 for explanation)], whereby the lighting function includes a wake-up function and a day-night simulation [Barroso at Para. 0070 (see Claim 1 for explanation); Kaikenger a Para. 0045 (see Claim 1 for explanation)].
Regarding Claim 25
Barroso teaches computer programme, comprising instructions which, that when the computer programme is executed by a computer, to cause it to carry out the following steps:
initiating of one recording of patient information which is specific to a medical condition of a patient in the hospital room [Barroso at Para. 0070 (see Claim 1 for explanation)], initiating activation of a lighting function of at least one lighting device in the hospital room depending on the recorded patient information [Barroso at Para. 0069 (see Claim 1 for explanation)], where the lighting function includes … [ … ] … and a day-night simulation [Barroso at Para. 0031 (see Claim 1 for explanation)].
Barroso does not teach [ … ] … a wake-up function … [ … ]
Kaikenger teaches [ … ] … a wake-up function [Kaikenger a Para. 0045 (see Claim 1 for explanation)] … [ … ]
It would have been prima facie obvious skill in the art, at the time of effective filing, to combine data recording of Barroso with the wake-up function of Kaikenger with the motivation to improves the sleep and wake-up experience of patients situated on a person support apparatus.
Claims 2,4-5,13,18 rejected under 35 U.S.C. 103(a) as being unpatentable over 1, 17 as applied to claim Barroso, Kaikenger above, and further in view of COFFEY et al (Foreign Application WO-2021050966-A1).
Regarding Claim 2
Barroso/Kaikenger teach the method according to claim 1,
Barroso/Kaikenger further teach wherein the method further comprises:
[ … ] … whereby recorded patient information at least partially includes the determined patient data, whereby activating the lighting function further comprises: conducting an evaluation of the recorded patient information, activating the lighting function of at least one lighting device in the hospital room depending on a result of the evaluation of the recorded patient information [Barroso at Para. 0069, 0070 (see Claim 1 for explanation)].
Barroso/Kaikenger do not teach determining patient data, whereby the patient data is entered manually by an operator or is automatically retrieved from a patient data management system, … [ … ]
COFFEY teaches determining patient data, whereby the patient data is entered manually by an operator or is automatically retrieved from a patient data management system [COFFEY at Para. 0091 teaches in some cases, analyzing the sensor data at block 1304 can optionally include using the external historical data to facilitate analyzing or interpreting the sensor data. In some implementations, the control system can receive trend data from external sources, such as electronic medical record (EMR) databases, electronic health record (EHR) databases, or other medical or health-related databases], … [ … ]
It would have been prima facie obvious skill in the art, at the time of effective filing, to combine the references of Barroso, Kaikenger with the evaluation of COFFEY with the motivation to improve predictions and fall risk score calculations.
Regarding Claim 4
Barroso/Kaikenger/COFFEY teach method according to claim 2,
Barroso/Kaikenger/COFFEY further teach that wherein the method further comprises:
conducting a monitoring of the patient's medical condition [Barroso at Para. 0070 (see Claim 1 for explanation)], conducting an assessment of the monitored condition, by comparing it with the recorded patient information [Kaikenger at Para. 0091 (see Claim 2 for explanation)], wherein the activation of the lighting function of the at least one lighting device takes place depending on a result of the assessment carried out by lighting of the lighting device, to a critical level condition of the patient and/or to indicate a change in condition [Barroso at Para. 0020 teaches in another embodiment, the sensor may be or comprise an activity sensor for detecting a state of activity of a patient. The activity sensor may preferably be adapted to allow for the detection of wakefulness and/or sleep of the patient. It may for instance be adapted to detect if the patient's eyes are closed (indicating a state of sleep), for example if the sensor comprises a camera-based device for monitoring the patient's face and appropriate image processing software to distinguish closed eyes from open eyes. Such a sensor will hence allow for a determination how much light is effectively “received” by the patient].
Regarding Claim 5
Barroso/Kaikenger/COFFEY teach the method according to claim 4,
Barroso/Kaikenger/COFFEY further teach wherein the method further comprises:
conducting an activation of at least one external lighting device outside the hospital room as a function of the result of the assessment carried out, in order to visually indicate a critical state of the patient and/or a change of state, by means of an lighting of the external lighting device, a lighting colour of the external lighting device being determined for this purpose on the basis of the result of the assessment carried out [Barroso at Para. 0011 teaches the “external light” the entrance of which is controlled by the actuator originates by definition from a light source located outside the controlled room. This may for instance be an artificial light source such as a lamp in a neighboring room, or a natural light source (typically daylight); Barroso at Para. 0027 teaches the capability to control the emission level of external light sources allows for the prevention of disturbances by external light, particularly during times when a low lighting level is desired; Barroso at Para. 0062 teaches the internal light sources 121, 122 are connected to the controller 101 by control lines 120 via which the controller can adjust their brightness (and optionally other parameters such as their color). This adjustment is preferably possible continuously or in steps from 0% (shut-off) to 100% of the maximal brightness].
Regarding Claim 13
Barroso/Kaikenger teach method according to claim 1,
Barroso/Kaikenger do not teach wherein the recording of the patient information also includes: determination of a movement of the patient, in the determination being carried out using a sensor.
COFFEY teaches wherein the recording of the patient information also includes: determination of a movement of the patient, in the determination being carried out using a sensor [COFFEY at Para. 0057 teaches in some versions, dynamic range management, under control of the processor, may be implemented to follow the movement of one or more residents within a sensing space (e.g., an environment). For example, a user may roll over in a bed and potentially leave a sensing area defined by a current range of the range gating or selection area of the sensor].
It would have been prima facie obvious skill in the art, at the time of effective filing, to combine the references of Barroso, Kaikenger with the determination of COFFEY with the motivation to improve predictions and fall risk score calculations.
Regarding Claim 18
Barroso/Kaikenger teach system according to claim 17,
Barroso/Kaikenger do not teach wherein the recording device features at least one sensor, whereby the sensor is designed as a radar sensor.
COFFEY teaches wherein the recording device features at least one sensor, whereby the sensor is designed as a radar sensor [COFFEY at Para. 0033 teaches the one or more sensors 250 include a temperature sensor 252, a motion sensor 253, a microphone 254, a radio-frequency (RF) sensor 255, an impulse radar ultra wide band (IRUWB) sensor 256, a camera 259, an infrared sensor 260, a photoplethysmogram (PPG) sensor 261, a capacitive sensor 262, a force sensor 263, a strain gauge sensor 264, a Light Detection and Ranging (LiDAR) sensor 178, or any combination thereof].
It would have been prima facie obvious skill in the art, at the time of effective filing, to combine the references of Barroso, Kaikenger with the sensor of COFFEY with the motivation to improve predictions and fall risk score calculations.
Claim 3 rejected under 35 U.S.C. 103(a) as being unpatentable over 2 as applied to claim Barroso, Kaikenger, COFFEY above, and further in view of WANG et al (US Publication No. 20120285450).
Regarding Claim 3
Barroso/Kaikenger /COFFEY teach method according to claim 2,
Barroso/Kaikenger /COFFEY do not teach wherein the recorded patient information includes information about the patient's anaesthesia, whereby the activation of the lighting function of the lighting device is performed based on the information about the anaesthesia, whereby the information about the anaesthesia includes information about an anaesthetic and/or an administered amount and/or a time of administration of the anaesthetic.
WANG teaches wherein the recorded patient information includes information about the patient's anaesthesia, whereby the activation of the lighting function of the lighting device is performed based on the information about the anaesthesia, whereby the information about the anaesthesia includes information about an anaesthetic and/or an administered amount and/or a time of administration of the anaesthetic [WANG at Para. 0023 teaches the method also includes calculating 408 control parameters for the anesthesia machine in accordance with the patient information provided, such as an anesthetic concentration and a breathing parameter; WANG at Para. 0024 teaches the method further includes setting 412 an alarm value according to control parameters calculated in accordance with the patient information provided, such that the anesthesia machine can trigger a predetermined alarm, for example, in the form of sound, light, etc, when a corresponding parameter exceeds the set alarm value. The method also includes feeding-back 414, by the anesthesia machine, the calculated control parameters to the hospital information system terminal].
It would have been prima facie obvious skill in the art, at the time of effective filing, to combine the references of Barroso, Kaikenger, COFFEY with the anesthesia information of WANG with the motivation to reduce clinical risks.
Claim 6 rejected under 35 U.S.C. 103(a) as being unpatentable over 2 as applied to claim Barroso, Kaikenger, COFFEY above, and further in view of Kiekbusch et al (US Publication No. 20090066486).
Regarding Claim 6
Barroso/Kaikenger/COFFEY teach method according to claim 5,
Barroso/Kaikenger/COFFEY do not teach wherein the external lighting device is designed for lighting with at least two colours or as a segment display and the method further comprises: conducting of a coded signalling of the result of the assessment according to colours or via the segment display.
Kiekbusch teaches wherein the external lighting device is designed for lighting with at least two colours or as a segment display and the method further comprises: conducting of a coded signalling of the result of the assessment according to colours or via the segment display [Kiekbusch at Para. 0059 teaches referring now to FIG. 9, light bar 20 may be used in room occupancy management system 100 in a healthcare setting, such as a hospital. Light bar 20 may be located outside a patient room in order to show the status of a patient. Light bar 20 is capable of displaying an infinite number of colors because it employs RGB LEDs 41, shown in FIG. 10. For example, light bar 20 may be capable of displaying the color red in an emergency situation, the color white to indicate that a caregiver is currently examining the patient, the color green to indicate that the patient was examined, and so forth (interpreted to correspond with assessment of Barroso)].
It would have been prima facie obvious skill in the art, at the time of effective filing, to combine the references of Barroso, Kaikenger, COFFEY with the external lighting device of Kiekbusch with the motivation to improve overall office communications
Claim 7 rejected under 35 U.S.C. 103(a) as being unpatentable over 5 as applied to claim Barroso, Kaikenger, COFFEY above, and further in view of McMaster et al (US Publication No. 20200258609).
Regarding Claim 7
Barroso/Kaikenger/COFFEY teach the method according to claim 4,
Barroso/Kaikenger/COFFEY do not teach wherein the method further comprises:
providing a notification interface to a notification system for a notification from medical staff, conducting of the notification depending on the result of the performed assessment.
McMaster teaches wherein the method further comprises:
providing a notification interface to a notification system for a notification from medical staff, conducting of the notification depending on the result of the performed assessment [McMaster at Para. 0019 teaches implementations of the present disclosure are directed to systems, devices, methods, and computer-readable media for tracking the medical condition of the patients and notifying appropriate medical staff about the medical conditions of the patients].
It would have been prima facie obvious skill in the art, at the time of effective filing, to combine the references of Barroso, Kaikenger, COFFEY with the notification of McMaster with the motivation to speed up identification of complications, which reduces post-operative emergencies.
Claim 19 rejected under 35 U.S.C. 103(a) as being unpatentable over 1, 17 as applied to claim Barroso, Kaikenger above, and further in view of Searfoss et al (US Publication No. 20050248962).
Regarding Claim 19
Barroso/Kaikenger teach system according to claim 17,
Barroso/Kaikenger do not teach wherein the recording device and the control device are connected to one another and are designed as a stand-alone system and have a common housing.
Searfoss teaches wherein the recording device and the control device are connected to one another and are designed as a stand-alone system and have a common housing [Searfoss at Para. 0014 teaches the nightlight of the present invention further includes a processor and controller for controlling the operations of the nightlight; Searfoss at Para. 0017 teaches in still an additional preferred embodiment of the invention, the nightlight includes biological sensors for sensing the biological or physiological activity of the human body. The biological and neurological sensors are provided to sense and measure the individual's homoeostatic state. Sensors may measure one or more of the body's conditions including the user's body temperature, pulse, systolic and/or diastolic blood pressure, respiration, blood oxygen and brainwave electrical activity. The sensors may be connected to the nightlight using direct wiring or wireless or infrared transmitters. Preferably the biological or physiological activity is also recorded in the processor's memory for further review by the user at a later date.].
It would have been prima facie obvious skill in the art, at the time of effective filing, to combine the references of Barroso, Kaikenger with the device of Searfoss with the motivation to enhance sleep readiness, sleep help and wakefulness.
Claim 20 rejected under 35 U.S.C. 103(a) as being unpatentable over 1, 17 as applied to claim Barroso, Kaikenger above, and further in view of Li et al (US Publication No. 11020055).
Regarding Claim 20
Barroso/Kaikenger teach system according to claim 17,
Barroso/Kaikenger do not teach wherein the recording device and/or the control device features at least one fastening means in order to carry out fastening under a hospital bed, whereby the fastening means is designed as an adhesive.
Li teaches wherein the recording device and/or the control device features at least one fastening means in order to carry out fastening under a hospital bed, whereby the fastening means is designed as an adhesive [Li at Para 24 teaches a radio communication link can be initiated when a transmitter sends a resonant frequency signal with coded information to a mating receiver. This is the basis for verifying the identity of an RFID tag, which in some cases, can be as small as an adhesive label; Li at Para. 36 teaches FIG. 1B is a perspective view of a bed monitoring system including a controller box and a sensor embedded mat is wireless and positioned on a hospital bed mattress where the transceiver antenna is external and located below the mattress according to an embodiment of the present invention … [ … ] … Passive RFID tag sensors embedded in sensor mat 1 connect to controller box 2 via transceiver antenna 6 located below the mattress or under the mattress support and in registration with sensor mat 1].
It would have been prima facie obvious skill in the art, at the time of effective filing, to combine the references of Barroso, Kaikenger with the device of Li with the motivation to improve monitoring the health and safety of recumbent individuals.
Claim 23 rejected under 35 U.S.C. 103(a) as being unpatentable over 1, 17 as applied to claim Barroso, Kaikenger above, and further in view of McMaster et al (US Publication No. 20200258609).
Regarding Claim 23
Barroso/Kaikenger teach system according to claim 17,
Barroso/Kaikenger further teach wherein the system comprises a notification interface to a notification system for a notification from a medical staff, whereby the notification interface is designed as an electrical or as a radio interface.
McMaster teaches wherein the system comprises a notification interface to a notification system for a notification from a medical staff, whereby the notification interface is designed as an electrical or as a radio interface [McMaster at Para. 0036 teaches as will be further described below, FIG. 2B provides a few example notifications displayed on a computing device, e.g., on the physician device 114c].
It would have been prima facie obvious skill in the art, at the time of effective filing, to combine the references of Barroso, Kaikenger with the notification of McMaster with the motivation to speed up identification of complications, which reduces post-operative emergencies.
Conclusion
The prior art made of record and not relied upon in the present basis of rejection are noted in the attached PTO 892 and include:
Sadwick et al (Foreign Application WO-2015200730-A1) discloses systems that can be used for circadian rhythm alignment.
ALBALA et al (Foreign Application WO-2018023133-A1) discloses a system to provide circadian-friendly lighting for nighttime hospital care.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN C EDOUARD whose telephone number is (571)270-0107. The examiner can normally be reached M-F 730 - 430.
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/JONATHAN C EDOUARD/Examiner, Art Unit 3683
/JASON S TIEDEMAN/Primary Examiner, Art Unit 3683
