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 .
Election/Restrictions
Applicant’s election without traverse of Group II, Claims 4-13, in the reply filed on 24 November 2025 is acknowledged. Claims 1-3 and 14-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention/group, there being no allowable generic or linking claim.
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 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 4-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sullivan et al. (US 2021/0015387; hereinafter “Sullivan”).
Regarding claim 4, Sullivan teaches a method performed by a first medical device, the method comprising: detecting an analog signal indicating a physiological parameter of a subject (e.g. ¶¶ 369 – ECG leads measure analog signals); converting the analog signal to first data (e.g. ¶¶ 202-204 – where the analog data is converted for filtering and then visual display); determining a treatment parameter characterizing a treatment administered to the subject by a second medical device (e.g. ¶¶ 84 – where chest compressions are the treatment considered delivered); generating a filter characterized by the treatment parameter and generating second data by applying the filter to the first data (e.g. ¶¶ 69 - structured to filter the ECG signal, e.g., apply at least one filter to the signal so as to remove chest compression artifacts resulting from chest compressions being delivered to the person 82.” – where the treatment parameter would be chest compressions); and displaying, on a user interface, the first data and the second data, wherein the second data is emphasized on the user interface (e.g. ¶¶ 202 – “colorimetric scale” – where the examiner notes the colors are used to emphasize scaling and importance).
Regarding claim 5, Sullivan teaches the physiological parameter comprises an electrocardiogram (ECG), a capnograph, a transthoracic impedance, a force administered to a user, a blood pressure, an airway parameter, a partial pressure of oxygen, an electroencephalogram (EEG), a temperature, a blood flow, or a pulse rate (e.g. ¶¶ 69 - ECG).
Regarding claim 6, Sullivan teaches determining the treatment parameter comprises: determining, by analyzing the first data, a frequency of the treatment (e.g. ¶¶ 86).
Regarding claim 7, Sullivan teaches the treatment parameter comprises: receiving, from the second medical device, a signal indicating the treatment parameter (e.g. ¶¶ 86 – chest compression frequency).
Regarding claim 8, Sullivan teaches determining that the second data is more reliable than the first data (e.g. ¶¶ 97 – RMS value is “a reliable indicator of chest compressions”).
Regarding claim 9, Sullivan teaches displaying the first data and the second data comprises overlaying and time-aligning the first data and the second data on the user interface (e.g. ¶¶ 170).
Regarding claim 10, Sullivan teaches displaying the first data and the second data comprises: displaying a first waveform representing the first data; and displaying a second waveform representing the second data (e.g. ¶¶ 200-205).
Regarding claim 11, Sullivan teaches the first waveform comprises a different color than the second waveform, the first waveform comprises a different contrast than the second waveform, the first waveform comprises a different line size than the second waveform, the first waveform comprises a different transparency than the second waveform, or the first waveform comprises a different line style than the second waveform (e.g. Fig 8 - data/time).
Regarding claim 12, Sullivan teaches the physiological parameter comprising a first physiological parameter, the method further comprising: detecting a second physiological parameter of the subject; generating third data indicative of the second physiological parameter; and displaying, on the user interface, a waveform representing the third data (e.g. Fig. 16).
Regarding claim 13, Sullivan teaches detecting, by analyzing the first data or the second data, an event indicative of the treatment; and displaying, on the user interface, a symbol indicating the event (e.g. Figs. 23-24 – with in graph indications).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael D’Abreu whose telephone number is (571) 270-3816. The examiner can normally be reached on 7AM-4PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Hamaoui can be reached at (571) 270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL J D'ABREU/Primary Examiner, Art Unit 3796