DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Priority
Applicant claims the benefit of US Provisional Application No. 61/552,427, filed 10/27/2011. Claims 21-33 have been afforded the benefit of this filing date.
Information Disclosure Statement
The IDS submitted 06/09/2026 has been considered and placed in the application file.
Response to Arguments
Applicant’s arguments with respect to claim(s) 21 and 27 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.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 21-22, 24-27, 29-30, and 32-33 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hansen (US 20120323086 A1) in view of Baker Jr. et al. (US 20100249549 A1, hereinafter "Baker"), Robinson et al. (US 20120291784 A1, hereinafter "Robinson"), and Drew et al. (US 20090184812 A1, hereinafter "Drew").
Regarding claim 21, Hansen discloses: A physiological monitoring system providing a graphical user interface, the physiological monitor comprising:
one or more physiological sensors providing one or more signals including physiological measurement information ([0022] “System 10 may include sensor unit 12 and monitor 14. In some embodiments, sensor unit 12 may be part of an oximeter. Sensor unit 12 may include an emitter 16 for emitting light at one or more wavelengths into a patient's tissue. A detector 18 may also be provided in sensor 12 for detecting the light originally from emitter 16 that emanates from the patient's tissue after passing through the tissue. Any suitable physical configuration of emitter 16 and detector 18 may be used. In an embodiment, sensor unit 12 may include multiple emitters and/or detectors, which may be spaced apart. System 10 may also include one or more additional sensor units (not shown) which may take the form of any of the embodiments described herein with reference to sensor unit 12.”; [0025] “Monitor 14 may be configured to calculate physiological parameters (e.g., pulse rate, blood pressure, blood oxygen saturation) based at least in part on data relating to light emission and detection received from one or more sensor units such as sensor unit 12 and an additional sensor.”);
a display ([0027] “In the illustrated embodiment, system 10 includes a multi-parameter patient monitor 26. The monitor 26 may include a cathode ray tube display, a flat panel display (as shown) such as a liquid crystal display (LCD) or a plasma display, or may include any other type of monitor now known or later developed.”; fig. 4 shows an example display); and
at least one processor which determines at least one measurement value for a first physiological parameter based on the one or more signals ([0039] “In an embodiment, microprocessor 48 may determine the patient's physiological parameters, such as SpO.sub.2, pulse rate, and/or blood pressure, using various algorithms and/or look-up tables based on the value of the received signals and/or data corresponding to the light received by detector 18.”), wherein the at least one processor causes presentation on the display of a first gauge comprising:
a numerical value of the first physiological parameter ([0027] “For example, multi-parameter patient monitor 26 may be configured to display an estimate of a patient's blood oxygen saturation generated by monitor 14 (referred to as an "SpO.sub.2" measurement), pulse rate information from monitor 14 and blood pressure from monitor 14 on display 28.”; fig. 4 shows a display of numerical values of physiological parameters); and
alarm limits configurable by a user ([0058] “Step 604 may include configuring alarm settings based at least in part on the received user indication of step 602. Alarm settings may include alarm limits (e.g., thresholds) …”).
Hansen does not explicitly teach: a graphical arc forming a semi-circular face surrounding at least a portion of the numerical value, the semi-circular face extending from a first side of the numerical value to a second side of the numerical value, the semi-circular face comprising a plurality of colors, each one of the plurality of colors indicating a degree of abnormality; and
an indicator, the indicator configured to indicate on the semi-circular face a degree of abnormality of the numerical value, the indicator configured to move in a semi-circular arc tracking the semi-circular face from one side of the semi-circular face to another side of the semi-circular face based on the degree of abnormality to be indicated.
Baker teaches: a graphical arc forming a semi-circular face (fig. 7; [0056] “FIG. 7 is another embodiment of a GUI depicting a radial display, in which the estimated value of the physiologic parameter is indicated by the arrow. In this embodiment, the GUI 700 takes the form of a dial 702 with a scale 704 around the circumference of the dial 702.”), the semi-circular face comprising a plurality of colors, each one of the plurality of colors indicating a degree of abnormality ([0057] “Although not shown, markers or other indicators of the alarm thresholds could also be indicated. For example, a green pie-shaped region (not shown) could be provided to indicate the non-alarm region based on the alarm thresholds.”; it is implied that the alarm regions are a color other than green, therefore teaching a plurality of colors indicating normal/abnormal measurements); and
an indicator, the indicator configured to indicate on the semi-circular face a degree of abnormality of the numerical value, the indicator configured to move in a semi-circular arc tracking the semi-circular face from one side of the semi-circular face to another side of the semi-circular face based on the degree of abnormality to be indicated (fig. 7 element 706; [0056] “An arrow 706 points to the location on the scale 704 that corresponds to the current estimated value of the parameter being measured.”),
Baker also teaches colors on the semi-circular face based on respective alarm limits ([0057] “Although not shown, markers or other indicators of the alarm thresholds could also be indicated. For example, a green pie-shaped region (not shown) could be provided to indicate the non-alarm region based on the alarm thresholds.” If the green pie-shaped region indicates the non-alarm region, then its upper and lower boundaries must be located at the upper and lower alarm limits in order to delineate the difference between “non-alarm region” (included) and “alarm region” (excluded); regions along the semi-circular arc that are a color other than green are suggested to constitute the alarm regions).
Hansen and Baker are both analogous to the claimed invention because they are in the same field of display and patient monitoring interfaces for pulse oximetry. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Hansen with the teachings of Baker to represent displayed physiological information with an arc-shaped gauge. The motivation would have been to make it easier for a user to instantly read and ascertain vital information, since people are typically very familiar with arc-shaped gauges such as vehicle speedometers.
The combination of Hansen in view of Baker does not explicitly teach: wherein respective ones of the plurality of colors are moveably positionable on the semi- circular face based on respective alarm limits, the alarm limits configurable by a user.
Robinson teaches: wherein respective ones of the plurality of colors are moveably positionable based on respective alarm limits, the alarm limits configurable by a user (fig. 5 colored indicators 82 and warning indicators 84A and 84B; [0044] “Additionally, a V.sub.T and Compliance indicator 82, which in one embodiment is a colored scale or pattern is provided along the gauge 72… For example, the color scale of the V.sub.T and Compliance indicator 82 may range and fade from green to yellow to red as the scale moves from an Ideal relationship to a Poor relationship, which are indicated by text along the gauge 72. It should be noted that the Ideal level is generally in the middle of the gauge 72 and the Poor levels are at the ends of the gauge 72. However, the relative positions of these levels may be changed as desired or needed.”;
Note: this is a digital display, not a fixed image; if the levels are moveably positionable and the colors are generated based on the levels, then the colors are moveably positionable as well).
Robinson is analogous to the claimed invention because it is in the same field of graphical displays for patient monitoring. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the previously discussed invention of Hansen in view of Baker with the teachings of Robinson to apply the movable color positions of Robinson to the semi-circular face of Hansen in view of Baker. The motivation would have been to provide a user with additional relevant information.
The combination of Hansen in view of Baker and Robinson does not explicitly teach a graphical arc forming a semi-circular face surrounding at least a portion of the numerical value, the semi-circular face extending from a first side of the numerical value to a second side of the numerical value.
Drew teaches a graphical arc forming a semi-circular face surrounding at least a portion of the numerical value, the semi-circular face extending from a first side of the numerical value to a second side of the numerical value (fig. 5; numerical RPM readout is positioned between the endpoints of the corresponding semicircular gauge).
Drew is analogous to the claimed invention because it pertains to the same issue of designing arc-shaped gauges with specified alarm/warning regions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Hansen in view of Baker and Robinson with the teachings of Drew to display the numerical value of a physiological parameter within the curve of the associated gauge. The motivation would been to improve the user interface by conveying more information in the same location: both the precise numerical value and the relative value along the gauge.
Regarding claim 22, the combination of Hansen in view of Baker, Robinson, and Drew teaches the physiological monitoring system of Claim 21, further comprising an alarm region disposed along at least one end of the face in order to indicate a lower alarm limit, an upper alarm limit or both lower and upper alarm limits (Hansen [0047] “In some embodiments, display 400 may include alarm limits or other indicators. For example, display 400 may include a high limit, low limit, or both, for a physiological parameter as shown illustratively by alarm limits 460 for pulse rate time series 450 in FIG. 4. If a suitable value of pulse rate (e.g., instantaneous value, moving average value, ensemble average value, previous value, value at a discrete time) falls outside of the high and low limits, an alarm condition may be satisfied and an alarm may be activated.”).
Regarding claim 24, the combination of Hansen in view of Baker, Robinson, and Drew teaches the physiological monitoring system of Claim 22, further comprising a virtual sliding knob (Hansen fig. 9a element 912, [0078] “In some embodiments, a user may select a desired alarm sensitivity by moving slide 912 along slide field 910 (e.g., an axis) to reach a position corresponding to a desired alarm sensitivity.”) which sets the alarm limits (Hansen [0057] “Step 602 may include receiving a user indication of one or more alarm sensitivities… In a further example, step 602 may include a user selecting an on-screen option (e.g., a slide-bar, a pull-down menu, a check box, a text field) using a mouse or touchscreen command to indicate a desired alarm sensitivity.”; using slide 912 is an example of step 602; [0058] “Step 604 may include configuring alarm settings based at least in part on the received user indication of step 602. Alarm settings may include alarm limits (e.g., thresholds), parameters which may activate an alarm, alarm reset conditions, the type of alarm functionality to provide (e.g., audible, visible, event marking), any other suitable alarm settings, or any combination thereof.”).
Regarding claim 25, the combination of Hansen in view of Baker, Robinson, and Drew teaches the physiological monitoring system of Claim 22, further comprising a user input which allows a user to set the lower alarm limit, the upper alarm limit or both lower and upper alarm limits (Hansen [0047] “For example, display 400 may include a high limit, low limit, or both, for a physiological parameter…”; [0058] “Step 604 may include configuring alarm settings based at least in part on the received user indication of step 602. Alarm settings may include alarm limits (e.g., thresholds), parameters which may activate an alarm, alarm reset conditions, the type of alarm functionality to provide (e.g., audible, visible, event marking), any other suitable alarm settings, or any combination thereof.”).
Regarding claim 26, the combination of Hansen in view of Baker, Robinson, and Drew teaches the physiological monitoring system of Claim 21, where in the at least one processor also:
determines a second measurement value for a second physiological parameter; determines a third measurement values for a third physiological parameter (Hansen [0025] “Monitor 14 may be configured to calculate physiological parameters (e.g., pulse rate, blood pressure, blood oxygen saturation) based at least in part on data relating to light emission and detection received from one or more sensor units such as sensor unit 12 and an additional sensor.”); and
causes presentation, on the display, of:
a second gauge for the second physiological parameter, the second gauge configured to display at least some of the second measurement values; and a third gauge for the third physiological parameter, the third gauge configured to display at least some of the third measurement values (Hansen fig. 4, 3 measured physiological parameters 430, 432, 434 are displayed).
Regarding claim 27, Hansen discloses: A system comprising:
a display ([0027] “In the illustrated embodiment, system 10 includes a multi-parameter patient monitor 26. The monitor 26 may include a cathode ray tube display, a flat panel display (as shown) such as a liquid crystal display (LCD) or a plasma display, or may include any other type of monitor now known or later developed.”; fig. 4 shows an example display);
a memory device configured to store instructions ([0037] “RAM 54 and ROM 52 are illustrated by way of example, and not limitation. Any suitable computer-readable media may be used in the system for data storage. Computer-readable media are capable of storing information that can be interpreted by microprocessor 48. This information may be data or may take the form of computer-executable instructions, such as software applications, that cause the microprocessor to perform certain functions and/or computer-implemented methods.”); and
a hardware processor configured to execute the instructions ([0036] “In the embodiment shown, monitor 14 may include a general-purpose microprocessor 48 connected to an internal bus 50. Microprocessor 48 may be adapted to execute software, which may include an operating system and one or more applications, as part of performing the functions described herein.”) to:
receive, from a physiological sensor, a signal ([0033] “In some embodiments, detector 18 may be configured to detect the intensity of light at the Red and IR wavelengths… In operation, light may enter detector 18 after passing through the patient's tissue 40. Detector 18 may convert the intensity of the received light into an electrical signal.”; [0036] “In some embodiments, signals from detector 18 and encoder 42 may be transmitted to monitor 14. In the embodiment shown, monitor 14 may include a general-purpose microprocessor 48 connected to an internal bus 50.”);
determine a plurality of measurement values for a first physiological parameter based at least on the signal ([0039] “In an embodiment, microprocessor 48 may determine the patient's physiological parameters, such as SpO.sub.2, pulse rate, and/or blood pressure, using various algorithms and/or look-up tables based on the value of the received signals and/or data corresponding to the light received by detector 18.”; [0046] “As illustratively shown in FIG. 4, display 400 may include time series (e.g., time series 450, 452, and 454 arranged in panel 420” – generating a time series of measurements necessitate that a plurality of measurements are taken); and
cause presentation, in the display, of a first gauge comprising:
a numerical indicator of a plurality of indicators comprising a numerical readout, the numerical readout being configured to equal one of the plurality of measurement values ([0027] “For example, multi-parameter patient monitor 26 may be configured to display an estimate of a patient's blood oxygen saturation generated by monitor 14 (referred to as an "SpO.sub.2" measurement), pulse rate information from monitor 14 and blood pressure from monitor 14 on display 28.”; fig. 4 shows a display of numerical values of physiological parameters); and
alarm limits configurable by a user ([0058] “Step 604 may include configuring alarm settings based at least in part on the received user indication of step 602. Alarm settings may include alarm limits (e.g., thresholds) …”).
Hansen does not explicitly teach: a gauge face extending from a first side of the numerical readout to a second side of the numerical readout, wherein the gauge face is a semi- circular arc, a plurality of positions along the semi-circular are being mapped to different parameter values for the first physiological parameter ranging from a low parameter value to a high parameter value,
a gauge indicator of the plurality of indicators being overlaid on the semi-circular arc, the gauge indicator being located at a position of the plurality of positions that maps to the one of the plurality of measurement values,
wherein the semi-circular face comprises a plurality of colors, each one of the plurality of colors moveably positionable on the semi-circular face based on respective alarm limits.
Baker teaches a gauge face, wherein the gauge face is a semi- circular arc, a plurality of positions along the semi-circular are being mapped to different parameter values for the first physiological parameter ranging from a low parameter value to a high parameter value (fig. 7; [0056] “FIG. 7 is another embodiment of a GUI depicting a radial display, in which the estimated value of the physiologic parameter is indicated by the arrow. In this embodiment, the GUI 700 takes the form of a dial 702 with a scale 704 around the circumference of the dial 702.”),
a gauge indicator of the plurality of indicators being overlaid on the semi-circular arc, the gauge indicator being located at a position of the plurality of positions that maps to the one of the plurality of measurement values (fig. 7 element 706; [0056] “An arrow 706 points to the location on the scale 704 that corresponds to the current estimated value of the parameter being measured.”),
wherein the semi-circular face comprises a plurality of colors, each one of the plurality of colors on the semi-circular face based on respective alarm limits ([0057] “Although not shown, markers or other indicators of the alarm thresholds could also be indicated. For example, a green pie-shaped region (not shown) could be provided to indicate the non-alarm region based on the alarm thresholds.” If the green pie-shaped region indicates the non-alarm region, then its upper and lower boundaries must be located at the upper and lower alarm limits in order to delineate the difference between “non-alarm region” (included) and “alarm region” (excluded); regions along the semi-circular arc that are a color other than green are suggested to constitute the alarm regions).
Hansen and Baker are both analogous to the claimed invention because they are in the same field of display and patient monitoring interfaces for pulse oximetry. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Hansen with the teachings of Baker to represent displayed physiological information with an arc-shaped gauge. The motivation would have been to make it easier for a user to instantly read and ascertain vital information, since people are typically very familiar with arc-shaped gauges such as vehicle speedometers.
The combination of Hansen in view of Baker does not explicitly teach: wherein the semi-circular face comprises a plurality of colors, each one of the plurality of colors moveably positionable on the semi-circular face based on respective alarm limits, the alarm limits configurable by a user.
Robinson teaches a gauge display wherein the face comprises a plurality of colors, each one of the plurality of colors moveably positionable on the face based on respective alarm limits, the alarm limits configurable by a user (fig. 5 colored indicators 82 and warning indicators 84A and 84B; [0044] “Additionally, a V.sub.T and Compliance indicator 82, which in one embodiment is a colored scale or pattern is provided along the gauge 72… For example, the color scale of the V.sub.T and Compliance indicator 82 may range and fade from green to yellow to red as the scale moves from an Ideal relationship to a Poor relationship, which are indicated by text along the gauge 72. It should be noted that the Ideal level is generally in the middle of the gauge 72 and the Poor levels are at the ends of the gauge 72. However, the relative positions of these levels may be changed as desired or needed.”;
Note: this is a digital display, not a fixed image; if the levels are moveably positionable and the colors are generated based on the levels, then the colors are moveably positionable as well).
Robinson is analogous to the claimed invention because it is in the same field of graphical displays for patient monitoring. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the previously discussed invention of Hansen in view of Baker with the teachings of Robinson to apply the movable color positions of Robinson to the semi-circular face of Hansen in view of Baker. The motivation would have been to provide a user with additional relevant information.
The combination of Hansen in view of Baker and Robinson does not explicitly teach a gauge face extending from a first side of the numerical readout to a second side of the numerical readout.
Drew teaches a gauge face extending from a first side of the numerical readout to a second side of the numerical readout (fig. 5; numerical RPM readout is positioned between the endpoints of the corresponding semicircular gauge).
Drew is analogous to the claimed invention because it pertains to the same issue of designing arc-shaped gauges with specified alarm/warning regions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Hansen in view of Baker with the teachings of Drew and Robinson to display the numerical value of a physiological parameter within the curve of the associated gauge. The motivation would been to improve the user interface by conveying more information in the same location: both the precise numerical value and the relative value along the gauge.
Regarding claims 29, 30, 32, and 33, they are rejected with the same references, rationale, and motivation to combine as claims 26, 22, 24, and 25 respectively, because their limitations substantially correspond to the limitations of claims 26, 22, 24, and 25 respectively.
Claims 23, 28, and 31 rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hansen (US 20120323086 A1) in view of Baker (US 20100249549 A1), Robinson (US 20120291784 A1), and Drew (US 20090184812 A1) as applied to claim 22, 27, and 30 above, and further in view of Masters et al. (US 20070030137 A1, hereinafter "Masters").
Regarding claim 23, the combination of Hansen in view of Baker, Robinson, and Drew teaches: The physiological monitoring system of Claim 22, as well as a visually displayed alarm (Hansen [0044] “In some embodiments, suitable hardware may be used to communicate an activated alarm such as, for example, speaker 22 (e.g., an alert tone, a beep warning), display 20 (e.g., a displayed warning, a flashing alarm color), ROM 52 (e.g., a saved warning message, recorded data), any other suitable hardware, or any combination.”).
However, the combination of Hansen in view of Baker, Robinson, and Drew does not explicitly teach: wherein the alarm region becomes brightly illuminated when the indicator is within the alarm region in order to alert a caregiver of an alarm condition.
Masters teaches wherein the alarm region becomes brightly illuminated when the indicator is within the alarm region in order to alert a caregiver of an alarm condition ([0069] “A high alarm LED 212 is flashed when one of the arcs 202 or 204 exceeds a certain value and the low alarm LEDs 214 is flashed when one of the arcs 202 or 204 is below a certain value. The alarms may be displayed with discrete LEDs for the high and low alarms or the arcs of light may flash the portion of the arc that is over the alarm value.”).
Masters is analogous to the claimed invention because it pertains to the same issue of designing arc-shaped gauges with specified alarm/warning regions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Hansen in view of Baker, Robinson, and Drew with the teachings of Masters to light up only the section of the gauge corresponding to an alarm when the alarm is triggered. The motivation would have been to improve the user interface by making it instantly clear which alarm has been triggered, for instance if there are both low and high alarm thresholds, as taught by both Masters and the combination of Hansen in view of Baker, Robinson, and Drew.
Regarding claim 28, the combination of Hansen in view of Baker, Robinson, and Drew teaches: The system of Claim 27, as well as setting alarm limits based on user input (Hansen [0047] and [0058], see claim 25).
However, the combination of Hansen in view of Baker, Robinson, and Drew does not explicitly teach: further comprising a user input configured to receive a plurality of user selections indicating a first input value and a second input value, and wherein the hardware processor is configured to execute further instructions to:
set a first alarm threshold to the first input value and a second alarm threshold to the second input value.
Masters teaches: further comprising a user input configured to receive a plurality of user selections indicating a first input value and a second input value, and wherein the hardware processor is configured to execute further instructions to:
set a first alarm threshold to the first input value and a second alarm threshold to the second input value ([0180] “The various commands described below can be utilized by a user or employed during manufacturing to set or configure various gauge parameters and well as perform other functions. For example, the commands can calibrate the arcs of light with the decals physically present on the display, set alarm limits (both low and high values), read parameters from the gauge, and/or write (i.e., set) parameters in the gauge. Other examples of functions can also be performed. The commands can be input using a variety of approaches utilizing the GUI, for instance, by typing the command, using touch screen or touch buttons, or any other approach to input data.”;
[0183] “The command (ZCmd 3, Low Alarm) is a read/write command. The Low Alarm is the alarm lower limit trip point and can be changed using this command. In one example, the serial range is 0 to 65535 (gauge arc full scale).” – first input, first threshold;
[0184] “The command (ZCmd 4, High Alarm) is a read/write command. High Alarm is the alarm upper limit trip point and can be adjusted using this command. The serial range 0 to 65535 (gauge arc full scale).” – second input, second threshold).
Masters is analogous to the claimed invention because it pertains to the same issue of designing arc-shaped gauges with specified alarm/warning regions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of Hansen in view of Baker, Robinson, and Drew with the teachings of Masters to allow a user to set the exact values of both low and/or high alarm thresholds. The motivation would have been to give a more experienced user (medical staff, for instance) finer control over the instrument.
Regarding claim 31, it is rejected with the same references, rationales, and motivation to combine as claim 23 because its limitations substantially correspond to the limitations of claim 23.
References Cited
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kim et al. (US 20110203382 A1) teaches a circular gauge with moveably positionable color regions.
Conclusion
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/BENJAMIN TOM STATZ/ Examiner, Art Unit 2611
/TAMMY GODDARD/ Supervisory Patent Examiner, Art Unit 2611
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