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
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) 2-4, 6-11, 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. US2009/0069642, Shin US20070142735, and further in view of McCombie US20100298661 and Anderson US4428378.
Gao discloses for claim 2, “A patient-worn monitoring system comprising:
a wearable monitor (100; fig 1A; 0029) configured to be worn by a patient (0025 “wearable patient monitor may be worn by a patient”), the wearable monitor comprising a housing (0046), one or more hardware processors (processor 103, monitor controller 105; fig 1A), at least one battery (0081 and 0083 describes battery checking function of the device), and a transceiver (wireless transmitter/receiver 111; fig 1A), wherein the wearable monitor is configured to secured to an arm of the patient (0046);
an electrocardiograph ("ECG") sensor (0030 ECG sensor connects with patient monitor 100; fig 1A) in communication with the wearable monitor with a single cable (fig 1A showing the connection between the sensor 150 and the monitor 100) and configured to be secured to a chest of the patient (the patient monitor is to be worn by the patient and the ECG as part of the system is therefore also configured to be worn by the patient) and obtain physiological information of the patient (0030 respective ECG data); and
determine an orientation of the patient based on the movement and position data (0058, 0078-0079 describes the patient’s position information).
Gao does not disclose:
“a motion measurement device integrated into a housing of the ECG sensor while in communication with the wearable monitor with the single cable and configured to obtain motion, movement, and/or position data of the patient,
wherein the one or more hardware processors are configured to:
determine a second measurement of the physiological parameter by adjusting said first measurement based at least in part on the motion, movement, and/or position data”.
Shin teaches in the same field of endeavor, an electrode motion artifact as a kind of noise generated due to any motion of the subject when measuring a biosignal from the subject, specifically as noise in an ECG signal and the artifact may distort a waveform of measurement results and interfere with the measurement of a heart rate or analysis of a state of a heart 0028. Shin further teaches when measuring an ECG signal, it is necessary to improve the accuracy of measurement results by classifying and removing electrode motion artifact 0029. Along with Gao’s disclosure of motion sensors used in the device (0078), it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Shin into the invention of Gao in order to configure the system e.g. as claimed, specifically measuring an ECG reading and then compensating and adjusting the data based on measurement data as noise because provides a more accurate reading by removing noise artifact (Shin: 0029).
Gao does not disclose “an optical sensor in communication with the wearable monitor and configured to be worn by the patient and obtain respiratory rate parameter of the patient, wherein the wearable monitor is configured to communicate with the ECG sensor including the motion measurement device via a first single cable and the optical sensor via a second single cable”, specifically that the respiration sensor is an optical sensor but 0030 of Gao describes a respiration sensor. McCombie teaches in the same field of endeavor, an optical respiration sensor (0026). Since Gao fails to disclose the nature of the respiratory sensor, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used any suitable configuration known in the art, including the one taught by McCombie to achieve the predictable result of providing a respiratory sensor including providing for a cable/electrical connection since they are electrically powered and controlled.
Gao does not disclose “determine, based at least in part on a combination of the respiratory rate parameter and the movement and position data, a patient movement score of the patient”. Anderson teaches in the same field of endeavor, determining a patient’s activity score/level taking into account respiration (2:28-65). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Anderson into the invention of Gao in order to configure the monitoring system e.g. as claimed because it potentially provides increased accuracy by taking into account respiration of a patient which contributes to movement.
Gao discloses for claim 3, “The patient-worn monitoring system of Claim 2, wherein the motion measurement device includes at least one of: an accelerometer, or a gyroscope (0078 accelerometer)”.
Gao discloses for claim 4, “The patient-worn monitoring system of Claim 2, wherein the motion measurement device is included in the wearable monitor (0078 describes the wearable patient monitors may also include a sensor which is described as a position sensor including an accelerometer)”.
Gao discloses for claim 6, “The patient-worn monitoring system of Claim 2, wherein the motion measurement device is included in another sensor that is in communication with the wearable monitor (0043-0044 describes multiple sensors and 0089-0090 describes those sensors as either being contained with the patient monitor or separate and not included with the patient monitor)”.
Gao discloses for claim 7, “The patient-worn monitoring system of Claim 2, wherein the ECG sensor is in wired communication with the wearable monitor (0030 describes the sensors connected physically via a plug/wired communication)”.
Gao discloses for claim 8, “The patient-worn monitoring system of Claim 2, wherein the wearable monitor is further configured to wirelessly communicate the physiological parameter to a bedside monitor (0027 describes the patient monitor used to track a patient including bedside patient treatment devices, while 0040 describes wireless communications to an external device)”.
Gao discloses for claim 9, “The patient-worn monitoring system of Claim 2 further comprising: an optical sensor (0030 describes a pulse ox sensor which is an optical sensor) in communication with the wearable monitor and configured to be worn by the patient and obtain additional physiological information of the patient, wherein the one or more hardware processors are further configured to: determine, based at least in part on a combination of the additional physiological information and the motion, movement, and/or position data, an additional physiological parameter of the patient (0030 describes determining pulse ox of a patient)”.
Gao discloses for claim 10, “The patient-worn monitoring system of Claim 9, wherein the motion measurement device includes at least one of: an accelerometer, or a gyroscope (0078 accelerometer)”.
Gao discloses for claim 11, “The patient-worn monitoring system of Claim 9, wherein the motion measurement device is included in the wearable monitor (0078 describes the wearable patient monitors may also include a sensor which is described as a position sensor including an accelerometer)”.
Gao discloses for claim 14, “The patient-worn monitoring system of Claim 9, wherein the motion measurement device is included in another sensor that is in communication with the wearable monitor (0043-0044 describes multiple sensors and 0089-0090 describes those sensors as either being contained with the patient monitor or separate and not included with the patient monitor)”.
Gao discloses for claim 15, “The patient-worn monitoring system of Claim 9, wherein the ECG sensor is in wired communication with the wearable monitor (0030 describes the sensors connected physically via a plug/wired communication)”.
Gao discloses for claim 16, “The patient-worn monitoring system of Claim 9, wherein the optical sensor is in wired communication with the wearable monitor (0030 describes the sensors connected physically via a plug/wired communication)”.
Gao discloses for claim 17, “The patient-worn monitoring system of Claim 9, wherein the wearable monitor is further configured to wirelessly communicate the physiological parameter and the additional physiological parameter to a bedside monitor (0027 describes the patient monitor used to track a patient including bedside patient treatment devices, while 0040 describes wireless communications to an external device)”.
Claim(s) 5, 12, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gao, Shin, McCombie, and Anderson as applied to claim 2 above, and further in view of Goris et al US2008/0281234.
Gao does not disclose for claim 5, “The patient-worn monitoring system of Claim 2, wherein the motion measurement device is included in the ECG sensor”. Goris teaches in the same field of endeavor, providing a single multi-sensor with an ECG sensor and a position detecting accelerometer (fig 1A; 0061). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Goris into the invention of Gao in order to configure the monitoring system e.g. as claimed because it allows a single sensor to have multiple functionalities.
Gao does not disclose for claim 12, “The patient-worn monitoring system of Claim 9, wherein the motion measurement device is included in the ECG sensor”. Goris teaches in the same field of endeavor, providing a single multi-sensor with an ECG sensor and a position detecting accelerometer (fig 1A; 0061). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Goris into the invention of Gao in order to configure the monitoring system e.g. as claimed because it allows a single sensor to have multiple functionalities.
Gao does not disclose for claim 13, “The patient-worn monitoring system of Claim 9, wherein the motion measurement device is included in the optical sensor”. Goris teaches in the same field of endeavor, providing a single multi-sensor with an ECG sensor and a position detecting accelerometer or any other type of sensor, which includes an optical sensor (fig 1A; 0061). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the modification of Goris into the invention of Gao in order to configure the monitoring system e.g. as claimed because it allows a single sensor to have multiple functionalities.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 JAE K WOO whose telephone number is (571)272-0837. The examiner can normally be reached M-F 8:30-2:30p, 6p-9p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anhtuan Nguyen can be reached at (571) 272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jae Woo/Examiner, Art Unit 3795
/ANHTUAN T NGUYEN/Supervisory Patent Examiner, Art Unit 3795
10/2/26
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