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 .
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 1-5 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Taylor et al. (US 2017/0105898 A1).
Regarding claim 1, Taylor discloses a system for providing personalized CPR comprising (CPR system that utilizes data gathered by physiological sensors to dynamically adjust CPR treatment parameters, Abstract and Paragraph 0045): one or more pistons operatively connected to suction cups adapted to provide a decompressive force (CPR system 2000 may include a suction cup 2098 coupled to the piston, Paragraph 0220 and Figure 20) at a plurality of locations on a patient (CPR treatment parameters are varied based on data received by physiological sensors, with the CPR parameters including location of application of force on the thorax, therefore CPR system 2000 is fully capable of applying the decompressive force delivered by the suction cup 2098 at various locations on the patient’s thorax, Paragraph 0175; see also first location 2087 and second location 2088 on patient’s thorax as indicated in Figure 20 and Paragraph 0219); one or more biological monitoring systems adapted to measure feedback from one or more biological systems as the decompressive force is applied at the plurality of locations on the patient (sensor 446 configured to detect a patient parameter and output a series of physiological values, Paragraph 0086; examples of the physiological sensor may include optical sensors used for oximetry, heart rate monitoring, airway sensors monitoring gas partial pressures, ultrasound sensors, audio recordings of sounds internal to patient’s body, catheter based sensors placed in blood vessels for measurement of blood flow etc., Paragraph 0102); and a processor (sensor 446 coupled to a processor 442, Paragraph 0087) adapted to compare the feedback as the decompressive force is applied at a first location of the plurality of locations on the patient and at a second location of the plurality of locations on the patient (CPR parameters are varied based on continuous feedback from physiological sensors, therefore during decompressive cycles, CPR parameters may include location of application of decompressive/compressive forces, Paragraphs 0013 and Paragraph 0175; see also Paragraph 0147 describing the decompressive forces being varied over time to optimize hemodynamics for different parts of the body).
Regarding claim 2, Taylor discloses a method for providing personalized CPR comprising (CPR system that utilizes data gathered by physiological sensors to dynamically adjust CPR treatment parameters, Abstract and Paragraph 0045): applying a compressive force to a patient at a first location (CPR system 2000 configured to perform chest compressions at a first location 2088, Figure 20 and Paragraph 0218) and releasing the compressive force at the first location in a first compression cycle (CPR compression cycles are performed using alternating releases, Paragraph 0139); measuring biological feedback of the patient from a biological sensor during the first compression cycle at the first location (continuous measuring of the physiological state of the patient via the sensor 446 while performing CPR cycles, therefore during the first compression cycle at a first location 2088, Paragraph 0155; sensor 446 configured to detect a patient parameter and output a series of physiological values, Paragraph 0086; examples of the physiological sensor may include optical sensors used for oximetry, heart rate monitoring, airway sensors monitoring gas partial pressures, ultrasound sensors, audio recordings of sounds internal to patient’s body, catheter based sensors placed in blood vessels for measurement of blood flow etc., Paragraph 0102); applying a compressive force to the patient at a second location (compressive forces may be applied at a second location 2087 on the patient’s thorax, Paragraph 0219 and Figure 20) and releasing the compressive force at the second location in a second compression cycle (CPR compression cycles are performed using alternating releases, Paragraph 0139); measuring biological feedback of the patient from the biological sensor during the second compression cycle at the second location (continuous measuring of the physiological state of the patient via the sensor 446 while performing CPR cycles, therefore during the second compression cycle at the second location 2087, Paragraph 0155; sensor 446 configured to detect a patient parameter and output a series of physiological values, Paragraph 0086; examples of the physiological sensor may include optical sensors used for oximetry, heart rate monitoring, airway sensors monitoring gas partial pressures, ultrasound sensors, audio recordings of sounds internal to patient’s body, catheter based sensors placed in blood vessels for measurement of blood flow etc., Paragraph 0102); and comparing the biological feedback of the patient measured during the first compression cycle to the biological feedback of the patient measured during the second compression cycle to determine a best location for a best compression cycle that provides the best blood flow for the patient (CPR parameters are varied based on continuous feedback from physiological sensors, therefore during both a first and second compression cycle(s), CPR parameters may include location of application of decompressive/compressive forces, therefore the physiological data received during sequential compressive cycles may be used to determine the optimal location of application of force on the patient’s thorax, Paragraphs 0013 and Paragraph 0175; see also Paragraph 0147 describing the compressive/decompressive parameters being varied over time to optimize hemodynamics for different parts of the body, therefore providing the best blood flow characteristics for the patient).
Regarding claim 3, Taylor further discloses applying a compressive force to the patient at a new location and releasing the compressive force at the new location in a new compression cycle; measuring biological feedback of the patient from the biological sensor during the new compression cycle at the new location; and comparing the biological feedback of the patient measured during the new compression cycle to the biological feedback of the patient measured during the best compression cycle to determine a new best location for a new best compression cycle (as Taylor’s CPR system/device teaches the continuous application of compressive/decompressive forces throughout various compression/decompression cycles, Paragraph 0086, while also teaching CPR parameters being varied based on continuous feedback from physiological sensors, therefore throughout any given compression/decompression cycle, with the adjustable CPR parameters including the location of application of decompressive/compressive forces, Paragraphs 0013 and 0175, Taylor’s device teaches applying compressive forces at a “new” location in a “new” compressive cycle, measuring biological feedback at the new location, in order to find a “new” optimal location for optimal hemodynamics).
Regarding claim 4, Taylor further discloses applying a decompressive force to a patient at a first decompression location (CPR system 2000 may include a suction cup 2098 coupled to the piston, to thereby apply a decompressive force at a first location 2088, Paragraph 0220 and Figure 20) and releasing the decompressive force at the first decompression location in a first decompression cycle (CPR decompression cycles are performed using alternating releases, Paragraph 0139); measuring biological feedback of the patient from the biological sensor during the first decompression cycle (continuous measuring of the physiological state of the patient via the sensor 446 while performing CPR cycles, therefore during the first decompression cycle at a first location 2088, Paragraph 0155; sensor 446 configured to detect a patient parameter and output a series of physiological values, Paragraph 0086; examples of the physiological sensor may include optical sensors used for oximetry, heart rate monitoring, airway sensors monitoring gas partial pressures, ultrasound sensors, audio recordings of sounds internal to patient’s body, catheter based sensors placed in blood vessels for measurement of blood flow etc., Paragraph 0102); applying a decompressive force to the patient at a second location (decompressive forces may be applied at a second location 2087 on the patient’s thorax, Paragraph 0219 and Figure 20) and releasing the decompressive force at the second location in a second decompression cycle (CPR decompression cycles are performed using alternating releases, Paragraph 0139); measuring biological feedback of the patient from the biological sensor during the second decompression cycle (continuous measuring of the physiological state of the patient via the sensor 446 while performing CPR cycles, therefore during the second decompression cycle at the second location 2087, Paragraph 0155; sensor 446 configured to detect a patient parameter and output a series of physiological values, Paragraph 0086; examples of the physiological sensor may include optical sensors used for oximetry, heart rate monitoring, airway sensors monitoring gas partial pressures, ultrasound sensors, audio recordings of sounds internal to patient’s body, catheter based sensors placed in blood vessels for measurement of blood flow etc., Paragraph 0102); and comparing the biological feedback of the patient measured during the first decompression cycle to the biological feedback of the patient measured during the second decompression cycle to determine a best location for a best decompression cycle that provides the best blood flow for the patient (CPR parameters are varied based on continuous feedback from physiological sensors, therefore during both a first and second compression cycle(s), CPR parameters may include location of application of decompressive/compressive forces, therefore the physiological data received during sequential compressive cycles may be used to determine the optimal location of application of force on the patient’s thorax, Paragraphs 0013 and Paragraph 0175; see also Paragraph 0147 describing the compressive/decompressive parameters being varied over time to optimize hemodynamics for different parts of the body, therefore providing the best blood flow characteristics for the patient).
Regarding claim 5, Taylor further discloses wherein applying a decompressive force further comprises providing active suction (decompression provided by the suction cup is active decompression, Paragraph 0147).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references teach CPR systems utilizing physiological sensors as feedback mechanisms for controlling CPR parameters: Paradis et al. (US 2012/0016179 A1), Voss et al. (US 2012/0330200 A1), and Salcido et al. (US 2016/0317385 A1).
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/SARAH B LEDERER/Examiner, Art Unit 3785
/MARGARET M LUARCA/Primary Examiner, Art Unit 3785