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 Arguments
Applicant's arguments filed 1/26/2026 have been fully considered but they are not persuasive. Applicant does not provide any particular arguments with respect to any particular reference and simply states “None of the cited references, alone or in combination, disclose or suggest each of the features of claim 36 or 48 as set forth above.” The Examiner respectfully disagrees.
Applicant’s claim 36 states “at least one defibrillator comprising at least one capacitor for storing charge to provide the defibrillation therapy”. Walker discloses the capacitor in element 170 (which is all Applicant uses to define the defibrillator). Claim 36 then states “at least two electrodes configured to be electrically coupled to the at least one defibrillator”. Walker discloses port 110 that electrically connects electrodes to defibrillator/capacitor bank 170 (Fig. 2; par. [0036]). Lastly, Claim 36 states “a control device, separate from the at least one defibrillator and electrically coupled with the at least one defibrillator…”. Walker discloses a user interface 125 that is separate from defibrillator/capacitor bank 170 but electrically coupled to defibrillator/capacitor bank 170 via controller 145 and charging mechanism 155 (Fig. 2), wherein the user interface 125 provides controls such as buttons to control delivery of shocks (par. [0037-0039]). The rejection with Walker is maintained.
Similarly, Snyder (2008/0312708) discloses a control device 214 that is separate from defibrillator 208 and electrically coupled to defibrillator 208 that is configured to provide a control signal to deliver a sequence of shocks (par. [0021, 0026]; Fig. 2).
Lastly, Freeman discloses a control device (user interface) with button 30 that is separate from defibrillator circuit (capacitors) but electrically coupled to the capacitors that is configured to provide a control signal to issue a sequence of defibrillation shocks once pressed (such as a stack of three shocks, see 125 of Fig. 7B; par. [0042]; Fig. 2)
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 36-41, 46-52, 56 and 59 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Walker et al. (2009/0270930).
Regarding Claims 36, 39 and 48, Walker discloses a system comprising a AED defibrillator circuit defined by capacitors 170;and a pair of electrodes 115, 116 adapted to be electrically coupled to the defibrillator circuit 170 via a cable connected to port 110 (Fig. 1, 2) and the patient’s chest (Fig. 1) . Furthermore, Walker discloses a user interface 125 (control device) that is separate from defibrillator/capacitor bank 170 but electrically coupled to defibrillator/capacitor bank 170 via controller 145 and charging mechanism 155 (Fig. 2), wherein the user interface 125 provides controls such as buttons to control delivery of a stack of shocks, e.g. a sequence (par. [0037-0039]; see also steps 406-410 in Fig. 5; Abstract; par. [0021, 0053-0054]).
In regard to Claims 37, 38, 49 and 50, Walker discloses using ECG and/or impedance measurements from the electrodes (par. [0012, 0038, 0054]).
With regard to Claims 40 and 51, Walker discloses controlling the timing of shock delivery of the stack of shocks. For instance, if a three shock stack a first shock can be delivered; the heart rhythm is analyzed to see if the heart is still in a shockable rhythm. If it is, a second shock in the stack is delivered. If there is not a shockable rhythm, the second shock is terminated. Likewise, a third shock can be delivered or terminated. The delivery or termination of shocks after the first shock can be considered timing control (par. [0053]). Furthermore, the sequence of shocks can be spaced out in different intervals as shown in Fig. 6, where S1, 2 3 and are timed relatively closely and s4,5 are timed further apart from the first 3 shocks (see par. [0057]).
In regard to Claims 41 and 52, Walker discloses delivering a second chock S2 after a first shock S1 and the timing of shock S2 is based at least on part on the timing of shock S1 (the second can only be delivered after the first and the second can only be delivered after an analysis window/interval that occurs after the first shock (see analysis window A3 after first shock S1 in the example of Fig. 6; par. [0056-0057]).
Regarding Claims 46 and 56, Walker discloses the control device 125 can provide visual prompts to a user (par. [0037]).
In regards to Claim 47, the Examiner notes the electrodes are being defined by their intended location on the body (apex and sternum) and do not impart any specific structural limitations on the electrodes themselves. Walker discloses high voltage electrodes 115, 116 that are capable of being placed on the body at an apex or sternum of the chest (Fig. 1).
Claims 36, 37, 39-49, 51-56 and 59 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Snyder (2008/0312708).
Regarding Claims 36, 39, 48 and 59, Snyder discloses a system comprising an AED defibrillator circuit with at least one capacitor 208 (par. [0021]; Fig. 2); at least two electrodes116 (Fig. 2) electrically coupled to the defibrillator via cables (Fig. 2) and configured to be placed on the chest of a patient (Fig. 1); and a control device 214 that is separate from defibrillator 208 and electrically coupled to defibrillator 208 that is configured to provide a control signal to deliver a sequence of shocks (par. [0021, 0026]; Fig. 2).
In regard to Claims 37 and 49, Snyder discloses detected ECG signals with the electrodes (par. [0004]).
Regarding Claims 40, 41, 51 and 52, Snyder discloses delivering a sequence of shocks (a first followed by a second, third, etc.), wherein the timing of each shock is controlled by the controller based on time of delivery of each shock and a signal artifact dissipation window and analysis window after each shock (par. [0035]).
With regard to Claims 42-44 and 53-55, Snyder discloses user interface 214 having a button (an interface of the system) that a user can press to initiate the delivery of defibrillation shocks (par. [0004, 0022]).
In regard to Claim 45, Snyder further discloses the user interface 214 has an on/off button (par. [0022]).
With regard to Claims 46 and 56, Snyder discloses user interface 214 can provide visual prompts to a user such as by flashing lights (par. [0021]) or display prompts (par. [0030]).
In regards to Claim 47, the Examiner notes the electrodes are being defined by their intended location on the body (apex and sternum) and do not impart any specific structural limitations on the electrodes themselves. Snyder discloses high voltage electrodes 16, 116 that are capable of being placed on the body at an apex or sternum of the chest (Fig. 1).
Claims 36-39, 45-50, 56, 57 and 59 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Freeman et al. (2006/0064131).
Regarding Claims 36, 39, 48 and 59, Freeman discloses a system having an AED defibrillator circuit defined by at least one capacitor (par. [0042]); at least two electrodes 12, 14 (Fig. 1) adapted to be placed on the patient’s chest (Fig. 1) and connected to the capacitors via cable 23 (Fig. 1). Freeman further discloses a control device (user interface) with button 30 that is separate from defibrillator circuit (capacitors) but electrically coupled to the capacitors that is configured to provide a control signal to issue a sequence of defibrillation shocks once pressed (such as a stack of three shocks, see 125 of Fig. 7B; par. [0042]; Fig. 2).
With regard to Claims 37 and 49, Freeman discloses monitoring ECG (par. [0070]).
In regard to Claims 38 and 50, Freeman discloses monitoring impedance (par. [0074]).
Regarding Claim 45, Freeman discloses an on/off control on the user interface (par. [0042]).
With regard to Claims 46 and 56, Freeman discloses providing visual prompts to a user through the interface (par. [0044]).
In regard to Claims 47 and 57, Freeman discloses electrodes designated apex and sternum electrodes for placement on the apex and sternum, respectively (see par. [0057]; Fig. 1).
Claims 36, 48, 58 and 59 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Shavit et al. (2009/0240297).
Regarding Claims 36, 48, 58 and 59, Shavit discloses a system having an AED defibrillator component 3 with at least one capacitor (an electronic card 20 with capacitor, see par. [0025, 0041]; Fig. 2, 4); electrodes on the pad of housing 3 and unit 4 for providing electrical shocks from defibrillator 3 (Fig. 2; par. [0095]); and a control device 2 (a mobile device, par. [0075]) separate from defibrillator 3 but electrically coupled to defibrillator 3, wherein the control device 2 provides control signals for delivering defibrillation shocks (par. [0082, 0100])..
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Einy (2014/0222095), discloses AED 17 with two electrodes 4,15 and mobile device 2 control (Fig. 10).
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.
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/ALLEN PORTER/Primary Examiner, Art Unit 3796
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