DETAILED ACTION
Primary Examiner acknowledges Claims 1-3, 7, 8, 13, 14, 17, 18, 20-24, 34, and 69-73 are pending in this application, with Claims 1, 7, 8, 13, 14, 17, and 18 having been currently amended, Claims 69-73 having been newly added, and Claims 4-6, 9-12, 15, 16, 19, 25-33, and 35-68 having been cancelled by preliminary amendment on January 31, 2024.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7, 13, 23, 24, and 34 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Specifically, Claim 7, Line 3 recites “which parameter”; however, this limitation appears to lack antecedent basis in the claims. Appropriate correction and clarification is required.
Specifically, Claim 13, Line 3 contains the trademark/trade name “Bluetooth®”. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe “a short-range wireless technology standard”, and accordingly, the identification/description is indefinite. Appropriate correction and clarification is required.
Specifically, Claim 13, Line 4 contains the trademark/trade name “WiFi™”. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe “a family of wireless network protocols based on the IEEE 802.11 family of standards”, and accordingly, the identification/description is indefinite. Appropriate correction and clarification is required.
Specifically, Claim 23 recites “work mode key”; however, the breadth and scope of this limitation is unclear. Primary Examiner is unsure if Applicant’s “work mode key” is a numerical code entered into a keypad, a selection of a button/ rotation of a knob to activate a mode, or involves a lock or challenge question that must be overcome before access to the particular “work mode” is accepted by the apparatus. Dependent claim 24 incorporates the indefinite subject matter from which it depends. Appropriate correction and clarification is required.
Specifically, Claim 24 recites “a rescue mode key”; however, the breadth and scope of this limitation is unclear. Primary Examiner is unsure if Applicant’s “rescue mode key” is a numerical code entered into a keypad, a selection of a button/ rotation of a knob to activate a mode, or involves a lock or challenge question that must be overcome before access to the particular “rescue mode” is accepted by the apparatus. Appropriate correction and clarification is required.
Specifically, Claim 34, Line 15 recites “which parameter”; however, this limitation appears to lack antecedent basis in the claims. Appropriate correction and clarification is required.
Claim Rejections - 35 USC § 102
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 1-3, 7, 13, 17, 18, 20-23, 34, and 69-72 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Burton et al. (6,349,724).
As to Claim 1, Burton discloses a medical ventilation apparatus (Figures 1 and 2), comprising: a patient pipeline (50, “A dual pressure hose 50 connects to the coupler 58. The dual pressure hose 50 has a high pressure side 51 and a low pressure side 52 for transporting the high pressure gas 47 and low pressure gas 37 to the mask 70.” Column 5, Lines 40-45), connected with a patient interface (70, A dual pressure hose 50 connects to the coupler 58. The dual pressure hose 50 has a high pressure side 51 and a low pressure side 52 for transporting the high pressure gas 47 and low pressure gas 37 to the mask 70.” Column 5, Lines 40-45) and configured to deliver ventilation gas to an airway of a patient; a pressure generator (25, “The shaft 22 enters the pump housing 25 having a high pressure chamber 45 and a low pressure chamber 35 which are adjacent, having a barrier 40 therebetween.” Column 3, Lines 30-50; also see: “FIG. 4 shows a more detailed view of the motor 20, high pressure impeller 146 and low pressure impeller 136 on shaft 22 in relation to housing 25. The intake air 43 enters housing 25.” Column 4, Lines 5-25), configured to generate the ventilation gas with a preset pressure (via “high pressure impeller 146 and low pressure impeller 136”) and deliver the ventilation gas to the patient; a controller (82, “The high and low pressure valves 49 and 39 respectively may be controlled by a controller or microprocessor 82 or set manually on control panel 110 as inspiration pressure control 120 and expiration pressure control 125.” Column 5, Lines 15-40; also see: “the controller 82 programmed for delivering gas at the proper gas pressures at the proper times.” Column 6, Line 55 thru Column 7, Line 5), configured to control the pressure generator (25) to ventilate the patient based on configuration information which matches with the patient; and a human-machine interaction interface (the combination of 110 and 173, wherein 110 – “The high and low pressure valves 49 and 39 respectively may be controlled by a controller or microprocessor 82 or set manually on control panel 110 as inspiration pressure control 120 and expiration pressure control 125.” Column 5, Lines 15-40; “Other settings on the control panel 110 are for comfort settings 180 in which the temperature, pressure, humidity and timing of the application of pressurized air to the patient is controlled.” Column 7, Lines 30-40; “other treatment protocols by using the protocol selection feature 175 on the control panel 110 and having the controller 82 programmed for delivering gas at the proper gas pressures at the proper times.” Column 6, Line 55 thru Column 7, Line 5; “Input means for data or selections to control the dual pressure gas delivery device 10 through control panel 110 can be by selecting settings from any array of control knobs on the control panel 110, by a menu driven touch screen on display 170 in conjunction with controller 82, or by other input/output devices as are currently known and used in the art.” Column 8, Line 60 thru Column 9, Line 5; also see various knobs of 110 in Figure 3 – 120 (“inspiration pressure control 120” Column 5, Lines 15-40), 125 (“expiration pressure control 125” Column 5, Lines 15-40), 130 (“A ramp time control knob 130” Column 7, Lines 5-20), 135 (“ramp delay time control selector 135” Column 7, Lines 5-20), 140 (“A humidity control 140” Column 3, Line 60 thru Column 4, Line 10), 175 (“the protocol selection feature 175” Column 6, Line 55 thru Column 7, Line 5), 180 (“comfort settings 180” Column 7, Lines 30-40); and wherein 173 – “Alternatively a keypad 173 can be used to enter data into the microprocessor/controller 82 for patient data information, or to select times, pressures or other parameters for running the dual pressure gas delivery device. A menu on display 170 driven by controller 82 may prompt the user to enter data for settings by use of the keyboard 173.” Column 7, Lines 25-35), configured to display (via 170, “A menu on display 170 driven by controller 82 may prompt the user to enter data for settings by use of the keyboard 173.” Column 7, Lines 25-35; “The control panel can have a display panel 170 such as an LCD for displaying information about the patient, the performance parameters of the dual pressure gas delivery device 10, such as an hour meter for how long the motor 20 has been on, an elapsed time at pressure meter, an elapsed running time meter or other information. Such information can be selected for display by a selection button on the control panel 110, by a touch screen LCD or by other means. The information selected can be transmitted from the controller/microprocessor 82, to the display panel 170 or can be recorded or stored on a smart card 210 or the microprocessor 82 and can be transmitted to a computer 200.” Column 7, Lines 40-60; “Input means for data or selections to control the dual pressure gas delivery device 10 through control panel 110 can be by selecting settings from any array of control knobs on the control panel 110, by a menu driven touch screen on display 170 in conjunction with controller 82, or by other input/output devices as are currently known and used in the art.” Column 8, Line 60 thru Column 9, Line 5) a respiratory treatment parameter (“the performance parameters of the dual pressure gas delivery device 10, such as an hour meter for how long the motor 20 has been on, an elapsed time at pressure meter, an elapsed running time meter or other information” Column 7, Lines 40-60) of the medical ventilation apparatus (Figures 1 and 2) and to acquire input (via 173 and/or various knobs of 110 in Figure 3 – 120 (“inspiration pressure control 120” Column 5, Lines 15-40), 125 (“expiration pressure control 125” Column 5, Lines 15-40), 130 (“A ramp time control knob 130” Column 7, Lines 5-20), 135 (“ramp delay time control selector 135” Column 7, Lines 5-20), 140 (“A humidity control 140” Column 3, Line 60 thru Column 4, Line 10), 175 (“the protocol selection feature 175” Column 6, Line 55 thru Column 7, Line 5), 180 (“comfort settings 180” Column 7, Lines 30-40; wherein 173 - “Alternatively a keypad 173 can be used to enter data into the microprocessor/controller 82 for patient data information, or to select times, pressures or other parameters for running the dual pressure gas delivery device. A menu on display 170 driven by controller 82 may prompt the user to enter data for settings by use of the keyboard 173.” Column 7, Lines 25-35) from a user; wherein the medical ventilation apparatus (Figures 1 and 2) is assembled with a monitor (200, “Alternatively the controller/microprocessor 82 may be programmed by a computer 200 and the information transferred to the controller/microprocessor 82 through computer input output plug 118. The computer 200 may be remotely located at a hospital or sleep clinic and connected through the internet by wire or wireless phone systems or positioned adjacent the dual pressure gas delivery device 10.” Column 7, Lines 15-30; “The comfort setting may also be stored on the data card 210 or in the controller 82, or computer 200 to provide the best comfort setting for the type of treatment individualized for the patient.” Column 7, Lines 30-40; “The information selected can be transmitted from the controller/microprocessor 82, to the display panel 170 or can be recorded or stored on a smart card 210 or the microprocessor 82 and can be transmitted to a computer 200.” Column 7, Lines 45-60; “The controller 82 can be programmed remotely by telemetry, through transmitter receiver 87, or by wire to a port 118 to plug in a data line from a computer 200 to the controller 82. The controller 82 can also be programmed by a data card 210 inserted into data card port 115 to transfer instructions to the controller 82. The port 118 can also be used to receive data from the controller 82 obtained from the sensors 71, 80 and send it to the computer 200 for use by health care workers.” Column 8, Lines 15-30; “The data may be transmitted to a computer 200 at a remote location such as a doctor's office or hospital for remotely monitoring the patient. The computer 200 can store data about the patient which can be presented to a health care provider to diagnose or treat the patient. … Connections to the computer 200 can be by telemetry such as by Blue Tooth.RTM., a cell phone data transmittal protocol, or over telephony networks through data port 118.” Column 8, Lines 25-50; “The computer 200, microprocessor 82 or data card 210 can store date about the duration, start times and stop times of the treatment, the pressures used, air flow rates and patient data such as heart rates, blood oxygen rates, snoring, patient movement and other polysomnogram data useful in diagnosing and treating patients.” Column 9, Lines 15-25), wherein the monitor (200) is configured to measure a physiological parameter (via interaction of 200 with 71/80, wherein 71/80 – “For example the sensors 71, 80 may collect data about breathing volumes, breathing rates, breathing times, blood oxygen, EEG, EKG, EOG, EMG, patient pulse, patient temperature, snoring, position of the patient, sleep stages, patient movement, mask pressures, mask leakage, and other relevant data such as would be collected for a Polysomnogram (PSG).” Column 8, Lines 25-45; also see: “The sensors 71 used for supplying information about the patient's breathing to the controller or microprocessor 82 may be imbedded in the perimeter of the mask 70 or on the mask surface.” Column 6, Lines 15-25; and “Other sensors on the patient such as sensor 80 on the patient's chest may be used for supplying information about the patient's breathing to the controller or microprocessor 82.” Column 6, Lines 30-40) of the patient, when the medical ventilation apparatus (Figures 1 and 2) implements a ventilation treatment (“It is an object of the invention to provide a portable BiPAP device. It is an object of the invention to provide a multiple purpose device for BiPAP, CPAP, VPAP, SPAP, PPAP and AutoPAP applications.” Column 2, Lines 30-35; “The dual pressure gas delivery device 10 can be used to select only high pressure gas at all times to provide treatment of Continuous Positive Air Pressure (CPAP) with CPAP protocols. Similarly, with suitable programming of the controller 82, the dual pressure gas delivery device 10 can be used for Variable Positive Air Pressure (VPAP) treatment protocols, Sleep linked Positive Air Pressure (SPAP) treatment protocols, Proportional Positive Air Pressure (PPAP) treatment protocols, Auto Positive Air Pressure (AuotPAP) or other treatment protocols by using the protocol selection feature 175 on the control panel 110 and having the controller 82 programmed for delivering gas at the proper gas pressures at the proper times.” Column 6, Line 55 thru Column 7, Line 5), on the patient, wherein the medical ventilation apparatus (Figures 1 and 2) further comprises a communication interface (via 118 or “telemetry”, “Connections to the computer 200 can be by telemetry such as by Blue Tooth.RTM., a cell phone data transmittal protocol, or over telephony networks through data port 118.” Column 8, Lines 45-50; also see: “The controller 82 can be programmed remotely by telemetry, through transmitter receiver 87, or by wire to a port 118 to plug in a data line from a computer 200 to the controller 82. … The port 118 can also be used to receive data from the controller 82 obtained from the sensors 71, 80 and send it to the computer 200 for use by health care workers.” Column 8, Lines 15-30) with the monitor (200).
As to Claim 2, Burton discloses the human-machine interaction interface (the combination of 110 and 173) is further configured to acquire a control instruction which is inputted (via 173 and/or various knobs of 110 in Figure 3) by the user; the controller (82) is further configured to transmit the control instruction to the monitor (200) through the communication interface (via 118 or “telemetry”) according to the control instruction, so as to control the monitor (200) to implement a first operation (one of: “programmed” settings – “The ramp times, ramp delay times and other parameters can be programmed into the controller/microprocessor 82 by means of information stored on a data card 210 inserted into a data card port 115. Alternatively the controller/microprocessor 82 may be programmed by a computer 200 and the information transferred to the controller/microprocessor 82 through computer input output plug 118.” Column 7, Lines 15-30; “comfort settings” - “to provide the best comfort setting for the type of treatment individualized for the patient.” Column 7, Lines 30-40; “performance parameters” – “The control panel can have a display panel 170 such as an LCD for displaying information about the patient, the performance parameters of the dual pressure gas delivery device 10, such as an hour meter for how long the motor 20 has been on, an elapsed time at pressure meter, an elapsed running time meter or other information. Such information can be selected for display by a selection button on the control panel 110, by a touch screen LCD or by other means. The information selected can be transmitted from the controller/microprocessor 82, to the display panel 170 or can be recorded or stored on a smart card 210 or the microprocessor 82 and can be transmitted to a computer 200.” Column 7, Lines 40-60; “transfer instructions … receive data” – “The controller 82 can be programmed remotely by telemetry, through transmitter receiver 87, or by wire to a port 118 to plug in a data line from a computer 200 to the controller 82. The controller 82 can also be programmed by a data card 210 inserted into data card port 115 to transfer instructions to the controller 82. The port 118 can also be used to receive data from the controller 82 obtained from the sensors 71, 80 and send it to the computer 200 for use by health care workers.” Column 8, Lines 15-30; “store data about the patient” – “The computer 200 can store data about the patient which can be presented to a health care provider to diagnose or treat the patient. The data stored about a patient can be used over long term studies and can print out progress reports about the patient. Further is a patient is taking part in a study with a group of other patients the data is readily available to be used in the data for the study.” Column 8, Lines 25-45; “store data … useful in diagnosing and treating patients” – “The computer 200, microprocessor 82 or data card 210 can store date about the duration, start times and stop times of the treatment, the pressures used, air flow rates and patient data such as heart rates, blood oxygen rates, snoring, patient movement and other polysomnogram data useful in diagnosing and treating patients.” Column 9, Lines 15-25).
As to Claim 3, Burton discloses the controller (82) is further configured to control the medical ventilation apparatus (Figures 1 and 2) to implement a second operation (another of: “programmed” settings – “The ramp times, ramp delay times and other parameters can be programmed into the controller/microprocessor 82 by means of information stored on a data card 210 inserted into a data card port 115. Alternatively the controller/microprocessor 82 may be programmed by a computer 200 and the information transferred to the controller/microprocessor 82 through computer input output plug 118.” Column 7, Lines 15-30; “comfort settings” - “to provide the best comfort setting for the type of treatment individualized for the patient.” Column 7, Lines 30-40; “performance parameters” – “The control panel can have a display panel 170 such as an LCD for displaying information about the patient, the performance parameters of the dual pressure gas delivery device 10, such as an hour meter for how long the motor 20 has been on, an elapsed time at pressure meter, an elapsed running time meter or other information. Such information can be selected for display by a selection button on the control panel 110, by a touch screen LCD or by other means. The information selected can be transmitted from the controller/microprocessor 82, to the display panel 170 or can be recorded or stored on a smart card 210 or the microprocessor 82 and can be transmitted to a computer 200.” Column 7, Lines 40-60; “transfer instructions … receive data” – “The controller 82 can be programmed remotely by telemetry, through transmitter receiver 87, or by wire to a port 118 to plug in a data line from a computer 200 to the controller 82. The controller 82 can also be programmed by a data card 210 inserted into data card port 115 to transfer instructions to the controller 82. The port 118 can also be used to receive data from the controller 82 obtained from the sensors 71, 80 and send it to the computer 200 for use by health care workers.” Column 8, Lines 15-30; “store data about the patient” – “The computer 200 can store data about the patient which can be presented to a health care provider to diagnose or treat the patient. The data stored about a patient can be used over long term studies and can print out progress reports about the patient. Further is a patient is taking part in a study with a group of other patients the data is readily available to be used in the data for the study.” Column 8, Lines 25-45; “store data … useful in diagnosing and treating patients” – “The computer 200, microprocessor 82 or data card 210 can store date about the duration, start times and stop times of the treatment, the pressures used, air flow rates and patient data such as heart rates, blood oxygen rates, snoring, patient movement and other polysomnogram data useful in diagnosing and treating patients.” Column 9, Lines 15-25) according to the control instructions, and the first operation (one of: “programmed” settings – “The ramp times, ramp delay times and other parameters can be programmed into the controller/microprocessor 82 by means of information stored on a data card 210 inserted into a data card port 115. Alternatively the controller/microprocessor 82 may be programmed by a computer 200 and the information transferred to the controller/microprocessor 82 through computer input output plug 118.” Column 7, Lines 15-30; “comfort settings” - “to provide the best comfort setting for the type of treatment individualized for the patient.” Column 7, Lines 30-40; “performance parameters” – “The control panel can have a display panel 170 such as an LCD for displaying information about the patient, the performance parameters of the dual pressure gas delivery device 10, such as an hour meter for how long the motor 20 has been on, an elapsed time at pressure meter, an elapsed running time meter or other information. Such information can be selected for display by a selection button on the control panel 110, by a touch screen LCD or by other means. The information selected can be transmitted from the controller/microprocessor 82, to the display panel 170 or can be recorded or stored on a smart card 210 or the microprocessor 82 and can be transmitted to a computer 200.” Column 7, Lines 40-60; “transfer instructions … receive data” – “The controller 82 can be programmed remotely by telemetry, through transmitter receiver 87, or by wire to a port 118 to plug in a data line from a computer 200 to the controller 82. The controller 82 can also be programmed by a data card 210 inserted into data card port 115 to transfer instructions to the controller 82. The port 118 can also be used to receive data from the controller 82 obtained from the sensors 71, 80 and send it to the computer 200 for use by health care workers.” Column 8, Lines 15-30; “store data about the patient” – “The computer 200 can store data about the patient which can be presented to a health care provider to diagnose or treat the patient. The data stored about a patient can be used over long term studies and can print out progress reports about the patient. Further is a patient is taking part in a study with a group of other patients the data is readily available to be used in the data for the study.” Column 8, Lines 25-45; “store data … useful in diagnosing and treating patients” – “The computer 200, microprocessor 82 or data card 210 can store date about the duration, start times and stop times of the treatment, the pressures used, air flow rates and patient data such as heart rates, blood oxygen rates, snoring, patient movement and other polysomnogram data useful in diagnosing and treating patients.” Column 9, Lines 15-25) is correlated with the second operation (another of: “programmed” settings – “The ramp times, ramp delay times and other parameters can be programmed into the controller/microprocessor 82 by means of information stored on a data card 210 inserted into a data card port 115. Alternatively the controller/microprocessor 82 may be programmed by a computer 200 and the information transferred to the controller/microprocessor 82 through computer input output plug 118.” Column 7, Lines 15-30; “comfort settings” - “to provide the best comfort setting for the type of treatment individualized for the patient.” Column 7, Lines 30-40; “performance parameters” – “The control panel can have a display panel 170 such as an LCD for displaying information about the patient, the performance parameters of the dual pressure gas delivery device 10, such as an hour meter for how long the motor 20 has been on, an elapsed time at pressure meter, an elapsed running time meter or other information. Such information can be selected for display by a selection button on the control panel 110, by a touch screen LCD or by other means. The information selected can be transmitted from the controller/microprocessor 82, to the display panel 170 or can be recorded or stored on a smart card 210 or the microprocessor 82 and can be transmitted to a computer 200.” Column 7, Lines 40-60; “transfer instructions … receive data” – “The controller 82 can be programmed remotely by telemetry, through transmitter receiver 87, or by wire to a port 118 to plug in a data line from a computer 200 to the controller 82. The controller 82 can also be programmed by a data card 210 inserted into data card port 115 to transfer instructions to the controller 82. The port 118 can also be used to receive data from the controller 82 obtained from the sensors 71, 80 and send it to the computer 200 for use by health care workers.” Column 8, Lines 15-30; “store data about the patient” – “The computer 200 can store data about the patient which can be presented to a health care provider to diagnose or treat the patient. The data stored about a patient can be used over long term studies and can print out progress reports about the patient. Further is a patient is taking part in a study with a group of other patients the data is readily available to be used in the data for the study.” Column 8, Lines 25-45; “store data … useful in diagnosing and treating patients” – “The computer 200, microprocessor 82 or data card 210 can store date about the duration, start times and stop times of the treatment, the pressures used, air flow rates and patient data such as heart rates, blood oxygen rates, snoring, patient movement and other polysomnogram data useful in diagnosing and treating patients.” Column 9, Lines 15-25).
As to Claim 7, Burton discloses the controller (82) is further configured to acquire the physiological parameter (via interaction of 200 with 71/80, wherein 71/80 – “For example the sensors 71, 80 may collect data about breathing volumes, breathing rates, breathing times, blood oxygen, EEG, EKG, EOG, EMG, patient pulse, patient temperature, snoring, position of the patient, sleep stages, patient movement, mask pressures, mask leakage, and other relevant data such as would be collected for a Polysomnogram (PSG).” Column 8, Lines 25-45; also see: “The sensors 71 used for supplying information about the patient's breathing to the controller or microprocessor 82 may be imbedded in the perimeter of the mask 70 or on the mask surface.” Column 6, Lines 15-25; and “Other sensors on the patient such as sensor 80 on the patient's chest may be used for supplying information about the patient's breathing to the controller or microprocessor 82.” Column 6, Lines 30-40) of the patient, which physiological parameter (via interaction of 200 with 71/80) of the patient is monitored by the monitor (200), and the human-machine interaction interface (the combination of 110 and 173) is further configured to display (via 170) the acquired physiological parameter (via interaction of 200 with 71/80).
As to Claim 13, Burton discloses the communication interface (via 118 or “telemetry”) comprises at least one of a contact communication interface (118, “computer input output plug 118” Column 7, Lines 15-30), Bluetooth® communication interface (“Connections to the computer 200 can be by telemetry such as by Blue Tooth.RTM., a cell phone data transmittal protocol, or over telephony networks through data port 118.” Column 8, Lines 45-50).
As to Claim 17, Burton discloses the medical ventilation apparatus (Figures 1 and 2) comprises a portable ventilator (10, “Referring to FIG. 1 a schematic of the system is shown wherein a gas delivery device 10 supplies gas at two different positive air pressures to a patient 100. The gas delivery device 10, preferably is small enough and light weight enough to be portable. The gas delivery device 10 has a carrying handle 11 to aid in transporting the device.” Column 3, Lines 10-30), wherein the medical ventilation apparatus (Figures 1 and 2) is provided with a holding portion (11, “The gas delivery device 10 has a carrying handle 11 to aid in transporting the device.” Column 3, Lines 10-30); and the monitor (200) comprises a transport monitor (as shown in Figure 1 and 2, the construction of the monitor appears to be a laptop).
As to Claim 18, Burton discloses the controller (82) is configured to transmit work data (“performance parameters” – “The control panel can have a display panel 170 such as an LCD for displaying information about the patient, the performance parameters of the dual pressure gas delivery device 10, such as an hour meter for how long the motor 20 has been on, an elapsed time at pressure meter, an elapsed running time meter or other information. Such information can be selected for display by a selection button on the control panel 110, by a touch screen LCD or by other means. The information selected can be transmitted from the controller/microprocessor 82, to the display panel 170 or can be recorded or stored on a smart card 210 or the microprocessor 82 and can be transmitted to a computer 200.” Column 7, Lines 40-60; “programmed” settings – “The ramp times, ramp delay times and other parameters can be programmed into the controller/microprocessor 82 by means of information stored on a data card 210 inserted into a data card port 115. Alternatively the controller/microprocessor 82 may be programmed by a computer 200 and the information transferred to the controller/microprocessor 82 through computer input output plug 118.” Column 7, Lines 15-30; “comfort settings” - “The comfort setting may also be stored on the data card 210 or in the controller 82, or computer 200 to provide the best comfort setting for the type of treatment individualized for the patient.” Column 7, Lines 30-40; “store data about the patient” – “For example the sensors 71, 80 may collect data about breathing volumes, breathing rates, breathing times, blood oxygen, EEG, EKG, EOG, EMG, patient pulse, patient temperature, snoring, position of the patient, sleep stages, patient movement, mask pressures, mask leakage, and other relevant data such as would be collected for a Polysomnogram (PSG). Such data for treating the patient may be sent by leads or by telemetry to the controller 82 for processing and storage. Patient data may be used to treat the patient in real time or be stored and studied at a later time. The computer 200 can store data about the patient which can be presented to a health care provider to diagnose or treat the patient. The data stored about a patient can be used over long term studies and can print out progress reports about the patient. Further is a patient is taking part in a study with a group of other patients the data is readily available to be used in the data for the study.” Column 8, Lines 25-45; “store data … useful in diagnosing and treating patients” – “The computer 200, microprocessor 82 or data card 210 can store date about the duration, start times and stop times of the treatment, the pressures used, air flow rates and patient data such as heart rates, blood oxygen rates, snoring, patient movement and other polysomnogram data useful in diagnosing and treating patients.” Column 9, Lines 15-25) of the medical ventilation apparatus (Figures 1 and 2) to the monitor (200) through the communication interface (via 118 or “telemetry”), wherein the work data (“performance parameters”) is ventilation configuration data (“programmed” settings; “comfort settings”) and/or ventilation monitoring data (“performance parameters”; “store data about the patient”; “store data … useful in diagnosing and treating patients”) of the medical ventilator apparatus (Figures 1 and 2).
As to Claim 20, Burton discloses a medical ventilation apparatus (Figures 1 and 2), comprising: a patient pipeline (50, “A dual pressure hose 50 connects to the coupler 58. The dual pressure hose 50 has a high pressure side 51 and a low pressure side 52 for transporting the high pressure gas 47 and low pressure gas 37 to the mask 70.” Column 5, Lines 40-45), connected with a patient interface (70, A dual pressure hose 50 connects to the coupler 58. The dual pressure hose 50 has a high pressure side 51 and a low pressure side 52 for transporting the high pressure gas 47 and low pressure gas 37 to the mask 70.” Column 5, Lines 40-45) and configured to deliver ventilation gas to an airway of a patient; a pressure generator (25, “The shaft 22 enters the pump housing 25 having a high pressure chamber 45 and a low pressure chamber 35 which are adjacent, having a barrier 40 therebetween.” Column 3, Lines 30-50; also see: “FIG. 4 shows a more detailed view of the motor 20, high pressure impeller 146 and low pressure impeller 136 on shaft 22 in relation to housing 25. The intake air 43 enters housing 25.” Column 4, Lines 5-25), configured to generate the ventilation gas with a preset pressure (via “high pressure impeller 146 and low pressure impeller 136”) and deliver the ventilation gas to the patient; a controller (82, “The high and low pressure valves 49 and 39 respectively may be controlled by a controller or microprocessor 82 or set manually on control panel 110 as inspiration pressure control 120 and expiration pressure control 125.” Column 5, Lines 15-40; also see: “the controller 82 programmed for delivering gas at the proper gas pressures at the proper times.” Column 6, Line 55 thru Column 7, Line 5), configured to control the pressure generator (25) to ventilate the patient based on configuration information which matches with the patient; and a human-machine interaction interface (the combination of 110 and 173, wherein 110 – “The high and low pressure valves 49 and 39 respectively may be controlled by a controller or microprocessor 82 or set manually on control panel 110 as inspiration pressure control 120 and expiration pressure control 125.” Column 5, Lines 15-40; “Other settings on the control panel 110 are for comfort settings 180 in which the temperature, pressure, humidity and timing of the application of pressurized air to the patient is controlled.” Column 7, Lines 30-40; “other treatment protocols by using the protocol selection feature 175 on the control panel 110 and having the controller 82 programmed for delivering gas at the proper gas pressures at the proper times.” Column 6, Line 55 thru Column 7, Line 5; “Input means for data or selections to control the dual pressure gas delivery device 10 through control panel 110 can be by selecting settings from any array of control knobs on the control panel 110, by a menu driven touch screen on display 170 in conjunction with controller 82, or by other input/output devices as are currently known and used in the art.” Column 8, Line 60 thru Column 9, Line 5; also see various knobs of 110 in Figure 3 – 120 (“inspiration pressure control 120” Column 5, Lines 15-40), 125 (“expiration pressure control 125” Column 5, Lines 15-40), 130 (“A ramp time control knob 130” Column 7, Lines 5-20), 135 (“ramp delay time control selector 135” Column 7, Lines 5-20), 140 (“A humidity control 140” Column 3, Line 60 thru Column 4, Line 10), 175 (“the protocol selection feature 175” Column 6, Line 55 thru Column 7, Line 5), 180 (“comfort settings 180” Column 7, Lines 30-40); and wherein 173 – “Alternatively a keypad 173 can be used to enter data into the microprocessor/controller 82 for patient data information, or to select times, pressures or other parameters for running the dual pressure gas delivery device. A menu on display 170 driven by controller 82 may prompt the user to enter data for settings by use of the keyboard 173.” Column 7, Lines 25-35), configured to display (via 170, “A menu on display 170 driven by controller 82 may prompt the user to enter data for settings by use of the keyboard 173.” Column 7, Lines 25-35; “The control panel can have a display panel 170 such as an LCD for displaying information about the patient, the performance parameters of the dual pressure gas delivery device 10, such as an hour meter for how long the motor 20 has been on, an elapsed time at pressure meter, an elapsed running time meter or other information. Such information can be selected for display by a selection button on the control panel 110, by a touch screen LCD or by other means. The information selected can be transmitted from the controller/microprocessor 82, to the display panel 170 or can be recorded or stored on a smart card 210 or the microprocessor 82 and can be transmitted to a computer 200.” Column 7, Lines 40-60; “Input means for data or selections to control the dual pressure gas delivery device 10 through control panel 110 can be by selecting settings from any array of control knobs on the control panel 110, by a menu driven touch screen on display 170 in conjunction with controller 82, or by other input/output devices as are currently known and used in the art.” Column 8, Line 60 thru Column 9, Line 5) a respiratory treatment parameter (“the performance parameters of the dual pressure gas delivery device 10, such as an hour meter for how long the motor 20 has been on, an elapsed time at pressure meter, an elapsed running time meter or other information” Column 7, Lines 40-60) of the medical ventilation apparatus (Figures 1 and 2) and to acquire input (via 173 and/or various knobs of 110 in Figure 3 – 120 (“inspiration pressure control 120” Column 5, Lines 15-40), 125 (“expiration pressure control 125” Column 5, Lines 15-40), 130 (“A ramp time control knob 130” Column 7, Lines 5-20), 135 (“ramp delay time control selector 135” Column 7, Lines 5-20), 140 (“A humidity control 140” Column 3, Line 60 thru Column 4, Line 10), 175 (“the protocol selection feature 175” Column 6, Line 55 thru Column 7, Line 5), 180 (“comfort settings 180” Column 7, Lines 30-40; wherein 173 - “Alternatively a keypad 173 can be used to enter data into the microprocessor/controller 82 for patient data information, or to select times, pressures or other parameters for running the dual pressure gas delivery device. A menu on display 170 driven by controller 82 may prompt the user to enter data for settings by use of the keyboard 173.” Column 7, Lines 25-35) from a user; wherein the medical ventilation apparatus (Figures 1 and 2) further comprises a communication interface (via 118 or “telemetry”, “Connections to the computer 200 can be by telemetry such as by Blue Tooth.RTM., a cell phone data transmittal protocol, or over telephony networks through data port 118.” Column 8, Lines 45-50; also see: “The controller 82 can be programmed remotely by telemetry, through transmitter receiver 87, or by wire to a port 118 to plug in a data line from a computer 200 to the controller 82. … The port 118 can also be used to receive data from the controller 82 obtained from the sensors 71, 80 and send it to the computer 200 for use by health care workers.” Column 8, Lines 15-30) with a monitor (200, “Alternatively the controller/microprocessor 82 may be programmed by a computer 200 and the information transferred to the controller/microprocessor 82 through computer input output plug 118. The computer 200 may be remotely located at a hospital or sleep clinic and connected through the internet by wire or wireless phone systems or positioned adjacent the dual pressure gas delivery device 10.” Column 7, Lines 15-30; “The comfort setting may also be stored on the data card 210 or in the controller 82, or computer 200 to provide the best comfort setting for the type of treatment individualized for the patient.” Column 7, Lines 30-40; “The information selected can be transmitted from the controller/microprocessor 82, to the display panel 170 or can be recorded or stored on a smart card 210 or the microprocessor 82 and can be transmitted to a computer 200.” Column 7, Lines 45-60; “The controller 82 can be programmed remotely by telemetry, through transmitter receiver 87, or by wire to a port 118 to plug in a data line from a computer 200 to the controller 82. The controller 82 can also be programmed by a data card 210 inserted into data card port 115 to transfer instructions to the controller 82. The port 118 can also be used to receive data from the controller 82 obtained from the sensors 71, 80 and send it to the computer 200 for use by health care workers.” Column 8, Lines 15-30; “The data may be transmitted to a computer 200 at a remote location such as a doctor's office or hospital for remotely monitoring the patient. The computer 200 can store data about the patient which can be presented to a health care provider to diagnose or treat the patient. … Connections to the computer 200 can be by telemetry such as by Blue Tooth.RTM., a cell phone data transmittal protocol, or over telephony networks through data port 118.” Column 8, Lines 25-50; “The computer 200, microprocessor 82 or data card 210 can store date about the duration, start times and stop times of the treatment, the pressures used, air flow rates and patient data such as heart rates, blood oxygen rates, snoring, patient movement and other polysomnogram data useful in diagnosing and treating patients.” Column 9, Lines 15-25), wherein the monitor (200) is configured to measure a physiological parameter (via interaction of 200 with 71/80, wherein 71/80 – “For example the sensors 71, 80 may collect data about breathing volumes, breathing rates, breathing times, blood oxygen, EEG, EKG, EOG, EMG, patient pulse, patient temperature, snoring, position of the patient, sleep stages, patient movement, mask pressures, mask leakage, and other relevant data such as would be collected for a Polysomnogram (PSG).” Column 8, Lines 25-45; also see: “The sensors 71 used for supplying information about the patient's breathing to the controller or microprocessor 82 may be imbedded in the perimeter of the mask 70 or on the mask surface.” Column 6, Lines 15-25; and “Other sensors on the patient such as sensor 80 on the patient's chest may be used for supplying information about the patient's breathing to the controller or microprocessor 82.” Column 6, Lines 30-40) of the patient, when the medical ventilation apparatus (Figures 1 and 2) implements a ventilation treatment (“It is an object of the invention to provide a portable BiPAP device. It is an object of the invention to provide a multiple purpose device for BiPAP, CPAP, VPAP, SPAP, PPAP and AutoPAP applications.” Column 2, Lines 30-35; “The dual pressure gas delivery device 10 can be used to select only high pressure gas at all times to provide treatment of Continuous Positive Air Pressure (CPAP) with CPAP protocols. Similarly, with suitable programming of the controller 82, the dual pressure gas delivery device 10 can be used for Variable Positive Air Pressure (VPAP) treatment protocols, Sleep linked Positive Air Pressure (SPAP) treatment protocols, Proportional Positive Air Pressure (PPAP) treatment protocols, Auto Positive Air Pressure (AuotPAP) or other treatment protocols by using the protocol selection feature 175 on the control panel 110 and having the controller 82 programmed for delivering gas at the proper gas pressures at the proper times.” Column 6, Line 55 thru Column 7, Line 5), on the patient, wherein the human-machine interaction interface (the combination of 110 and 173) is further configured to acquire a control instruction which is inputted (via 173 and/or various knobs of 110 in Figure 3) by the user; the controller (82) is further configured to transmit the control instruction to the monitor (200) through the communication interface (via 118 or “telemetry”) according to the control instruction, so as to control the monitor (200) to implement a first operation (one of: “programmed” settings – “The ramp times, ramp delay times and other parameters can be programmed into the controller/microprocessor 82 by means of information stored on a data card 210 inserted into a data card port 115. Alternatively the controller/microprocessor 82 may be programmed by a computer 200 and the information transferred to the controller/microprocessor 82 through computer input output plug 118.” Column 7, Lines 15-30; “comfort settings” - “to provide the best comfort setting for the type of treatment individualized for the patient.” Column 7, Lines 30-40; “performance parameters” – “The control panel can have a display panel 170 such as an LCD for displaying information about the patient, the performance parameters of the dual pressure gas delivery device 10, such as an hour meter for how long the motor 20 has been on, an elapsed time at pressure meter, an elapsed running time meter or other information. Such information can be selected for display by a selection button on the control panel 110, by a touch screen LCD or by other means. The information selected can be transmitted from the controller/microprocessor 82, to the display panel 170 or can be recorded or stored on a smart card 210 or the microprocessor 82 and can be transmitted to a computer 200.” Column 7, Lines 40-60; “transfer instructions … receive data” – “The controller 82 can be programmed remotely by telemetry, through transmitter receiver 87, or by wire to a port 118 to plug in a data line from a computer 200 to the controller 82. The controller 82 can also be programmed by a data card 210 inserted into data card port 115 to transfer instructions to the controller 82. The port 118 can also be used to receive data from the controller 82 obtained from the sensors 71, 80 and send it to the computer 200 for use by health care workers.” Column 8, Lines 15-30; “store data about the patient” – “The computer 200 can store data about the patient which can be presented to a health care provider to diagnose or treat the patient. The data stored about a patient can be used over long term studies and can print out progress reports about the patient. Further is a patient is taking part in a study with a group of other patients the data is readily available to be used in the data for the study.” Column 8, Lines 25-45; “store data … useful in diagnosing and treating patients” – “The computer 200, microprocessor 82 or data card 210 can store date about the duration, start times and stop times of the treatment, the pressures used, air flow rates and patient data such as heart rates, blood oxygen rates, snoring, patient movement and other polysomnogram data useful in diagnosing and treating patients.” Column 9, Lines 15-25).
As to Claim 21, Burton discloses the controller (82) is further configured to control the medical ventilation apparatus (Figures 1 and 2) to implement a second operation (another of: “programmed” settings – “The ramp times, ramp delay times and other parameters can be programmed into the controller/microprocessor 82 by means of information stored on a data card 210 inserted into a data card port 115. Alternatively the controller/microprocessor 82 may be programmed by a computer 200 and the information transferred to the controller/microprocessor 82 through computer input output plug 118.” Column 7, Lines 15-30; “comfort settings” - “to provide the best comfort setting for the type of treatment individualized for the patient.” Column 7, Lines 30-40; “performance parameters” – “The control panel can have a display panel 170 such as an LCD for displaying information about the patient, the performance parameters of the dual pressure gas delivery device 10, such as an hour meter for how long the motor 20 has been on, an elapsed time at pressure meter, an elapsed running time meter or other information. Such information can be selected for display by a selection button on the control panel 110, by a touch screen LCD or by other means. The information selected can be transmitted from the controller/microprocessor 82, to the display panel 170 or can be recorded or stored on a smart card 210 or the microprocessor 82 and can be transmitted to a computer 200.” Column 7, Lines 40-60; “transfer instructions … receive data” – “The controller 82 can be programmed remotely by telemetry, through transmitter receiver 87, or by wire to a port 118 to plug in a data line from a computer 200 to the controller 82. The controller 82 can also be programmed by a data card 210 inserted into data card port 115 to transfer instructions to the controller 82. The port 118 can also be used to receive data from the controller 82 obtained from the sensors 71, 80 and send it to the computer 200 for use by health care workers.” Column 8, Lines 15-30; “store data about the patient” – “The computer 200 can store data about the patient which can be presented to a health care provider to diagnose or treat the patient. The data stored about a patient can be used over long term studies and can print out progress reports about the patient. Further is a patient is taking part in a study with a group of other patients the data is readily available to be used in the data for the study.” Column 8, Lines 25-45; “store data … useful in diagnosing and treating patients” – “The computer 200, microprocessor 82 or data card 210 can store date about the duration, start times and stop times of the treatment, the pressures used, air flow rates and patient data such as heart rates, blood oxygen rates, snoring, patient movement and other polysomnogram data useful in diagnosing and treating patients.” Column 9, Lines 15-25) according to the control instructions, and the first operation (one of: “programmed” settings – “The ramp times, ramp delay times and other parameters can be programmed into the controller/microprocessor 82 by means of information stored on a data card 210 inserted into a data card port 115. Alternatively the controller/microprocessor 82 may be programmed by a computer 200 and the information transferred to the controller/microprocessor 82 through computer input output plug 118.” Column 7, Lines 15-30; “comfort settings” - “to provide the best comfort setting for the type of treatment individualized for the patient.” Column 7, Lines 30-40; “performance parameters” – “The control panel can have a display panel 170 such as an LCD for displaying information about the patient, the performance parameters of the dual pressure gas delivery device 10, such as an hour meter for how long the motor 20 has been on, an elapsed time at pressure meter, an elapsed running time meter or other information. Such information can be selected for display by a selection button on the control panel 110, by a touch screen LCD or by other means. The information selected can be transmitted from the controller/microprocessor 82, to the display panel 170 or can be recorded or stored on a smart card 210 or the microprocessor 82 and can be transmitted to a computer 200.” Column 7, Lines 40-60; “transfer instructions … receive data” – “The controller 82 can be programmed remotely by telemetry, through transmitter receiver 87, or by wire to a port 118 to plug in a data line from a computer 200 to the controller 82. The controller 82 can also be programmed by a data card 210 inserted into data card port 115 to transfer instructions to the controller 82. The port 118 can also be used to receive data from the controller 82 obtained from the sensors 71, 80 and send it to the computer 200 for use by health care workers.” Column 8, Lines 15-30; “store data about the patient” – “The computer 200 can store data about the patient which can be presented to a health care provider to diagnose or treat the patient. The data stored about a patient can be used over long term studies and can print out progress reports about the patient. Further is a patient is taking part in a study with a group of other patients the data is readily available to be used in the data for the study.” Column 8, Lines 25-45; “store data … useful in diagnosing and treating patients” – “The computer 200, microprocessor 82 or data card 210 can store date about the duration, start times and stop times of the treatment, the pressures used, air flow rates and patient data such as heart rates, blood oxygen rates, snoring, patient movement and other polysomnogram data useful in diagnosing and treating patients.” Column 9, Lines 15-25) is correlated with the second operation (another of: “programmed” settings – “The ramp times, ramp delay times and other parameters can be programmed into the controller/microprocessor 82 by means of information stored on a data card 210 inserted into a data card port 115. Alternatively the controller/microprocessor 82 may be programmed by a computer 200 and the information transferred to the controller/microprocessor 82 through computer input output plug 118.” Column 7, Lines 15-30; “comfort settings” - “to provide the best comfort setting for the type of treatment individualized for the patient.” Column 7, Lines 30-40; “performance parameters” – “The control panel can have a display panel 170 such as an LCD for displaying information about the patient, the performance parameters of the dual pressure gas delivery device 10, such as an hour meter for how long the motor 20 has been on, an elapsed time at pressure meter, an elapsed running time meter or other information. Such information can be selected for display by a selection button on the control panel 110, by a touch screen LCD or by other means. The information selected can be transmitted from the controller/microprocessor 82, to the display panel 170 or can be recorded or stored on a smart card 210 or the microprocessor 82 and can be transmitted to a computer 200.” Column 7, Lines 40-60; “transfer instructions … receive data” – “The controller 82 can be programmed remotely by telemetry, through transmitter receiver 87, or by wire to a port 118 to plug in a data line from a computer 200 to the controller 82. The controller 82 can also be programmed by a data card 210 inserted into data card port 115 to transfer instructions to the controller 82. The port 118 can also be used to receive data from the controller 82 obtained from the sensors 71, 80 and send it to the computer 200 for use by health care workers.” Column 8, Lines 15-30; “store data about the patient” – “The computer 200 can store data about the patient which can be presented to a health care provider to diagnose or treat the patient. The data stored about a patient can be used over long term studies and can print out progress reports about the patient. Further is a patient is taking part in a study with a group of other patients the data is readily available to be used in the data for the study.” Column 8, Lines 25-45; “store data … useful in diagnosing and treating patients” – “The computer 200, microprocessor 82 or data card 210 can store date about the duration, start times and stop times of the treatment, the pressures used, air flow rates and patient data such as heart rates, blood oxygen rates, snoring, patient movement and other polysomnogram data useful in diagnosing and treating patients.” Column 9, Lines 15-25).
As to Claim 22, Burton discloses the first operation mode (one of: “programmed” settings – “The ramp times, ramp delay times and other parameters can be programmed into the controller/microprocessor 82 by means of information stored on a data card 210 inserted into a data card port 115. Alternatively the controller/microprocessor 82 may be programmed by a computer 200 and the information transferred to the controller/microprocessor 82 through computer input output plug 118.” Column 7, Lines 15-30; “comfort settings” - “to provide the best comfort setting for the type of treatment individualized for the patient.” Column 7, Lines 30-40; “performance parameters” – “The control panel can have a display panel 170 such as an LCD for displaying information about the patient, the performance parameters of the dual pressure gas delivery device 10, such as an hour meter for how long the motor 20 has been on, an elapsed time at pressure meter, an elapsed running time meter or other information. Such information can be selected for display by a selection button on the control panel 110, by a touch screen LCD or by other means. The information selected can be transmitted from the controller/microprocessor 82, to the display panel 170 or can be recorded or stored on a smart card 210 or the microprocessor 82 and can be transmitted to a computer 200.” Column 7, Lines 40-60; “transfer instructions … receive data” – “The controller 82 can be programmed remotely by telemetry, through transmitter receiver 87, or by wire to a port 118 to plug in a data line from a computer 200 to the controller 82. The controller 82 can also be programmed by a data card 210 inserted into data card port 115 to transfer instructions to the controller 82. The port 118 can also be used to receive data from the controller 82 obtained from the sensors 71, 80 and send it to the computer 200 for use by health care workers.” Column 8, Lines 15-30; “store data about the patient” – “The computer 200 can store data about the patient which can be presented to a health care provider to diagnose or treat the patient. The data stored about a patient can be used over long term studies and can print out progress reports about the patient. Further is a patient is taking part in a study with a group of other patients the data is readily available to be used in the data for the study.” Column 8, Lines 25-45; “store data … useful in diagnosing and treating patients” – “The computer 200, microprocessor 82 or data card 210 can store date about the duration, start times and stop times of the treatment, the pressures used, air flow rates and patient data such as heart rates, blood oxygen rates, snoring, patient movement and other polysomnogram data useful in diagnosing and treating patients.” Column 9, Lines 15-25) or the second operation (another of: “programmed” settings – “The ramp times, ramp delay times and other parameters can be programmed into the controller/microprocessor 82 by means of information stored on a data card 210 inserted into a data card port 115. Alternatively the controller/microprocessor 82 may be programmed by a computer 200 and the information transferred to the controller/microprocessor 82 through computer input output plug 118.” Column 7, Lines 15-30; “comfort settings” - “to provide the best comfort setting for the type of treatment individualized for the patient.” Column 7, Lines 30-40; “performance parameters” – “The control panel can have a display panel 170 such as an LCD for displaying information about the patient, the performance parameters of the dual pressure gas delivery device 10, such as an hour meter for how long the motor 20 has been on, an elapsed time at pressure meter, an elapsed running time meter or other information. Such information can be selected for display by a selection button on the control panel 110, by a touch screen LCD or by other means. The information selected can be transmitted from the controller/microprocessor 82, to the display panel 170 or can be recorded or stored on a smart card 210 or the microprocessor 82 and can be transmitted to a computer 200.” Column 7, Lines 40-60; “transfer instructions … receive data” – “The controller 82 can be programmed remotely by telemetry, through transmitter receiver 87, or by wire to a port 118 to plug in a data line from a computer 200 to the controller 82. The controller 82 can also be programmed by a data card 210 inserted into data card port 115 to transfer instructions to the controller 82. The port 118 can also be used to receive data from the controller 82 obtained from the sensors 71, 80 and send it to the computer 200 for use by health care workers.” Column 8, Lines 15-30; “store data about the patient” – “The computer 200 can store data about the patient which can be presented to a health care provider to diagnose or treat the patient. The data stored about a patient can be used over long term studies and can print out progress reports about the patient. Further is a patient is taking part in a study with a group of other patients the data is readily available to be used in the data for the study.” Column 8, Lines 25-45; “store data … useful in diagnosing and treating patients” – “The computer 200, microprocessor 82 or data card 210 can store date about the duration, start times and stop times of the treatment, the pressures used, air flow rates and patient data such as heart rates, blood oxygen rates, snoring, patient movement and other polysomnogram data useful in diagnosing and treating patients.” Column 9, Lines 15-25) comprises at least one of turning on/off (“ramp times”; “The sensors can trigger a mask off alarm or detect when the mask is put on to start the power for the motor to supply air to the patient.” Column 2, Lines 1-5), entering designated work mode (selection of “comfort settings” based upon treatment protocols), and setting an alarm limit (“When the mask off or mask leak alarm 165 is activated the mask should be checked and the alarm deactivated. Sensors 71 in the mask 70 can detect if the mask has come off of the patient and send a signal to the microprocessor 82. The microprocessor can sound an alarm 165 or alert a health care worker that the mask is off.” Column 9, Lines 5-20; “The sensors can trigger a mask off alarm or detect when the mask is put on to start the power for the motor to supply air to the patient.” Column 2, Lines 1-5).
As to Claim 23, Burton disclose the human-machine interaction interface (the combination of 110 and 173) comprises a work mode key (via operation of various knobs of 110 in Figure 3 – 120 (“inspiration pressure control 120” Column 5, Lines 15-40), 125 (“expiration pressure control 125” Column 5, Lines 15-40), 130 (“A ramp time control knob 130” Column 7, Lines 5-20), 135 (“ramp delay time control selector 135” Column 7, Lines 5-20), 140 (“A humidity control 140” Column 3, Line 60 thru Column 4, Line 10), 175 (“the protocol selection feature 175” Column 6, Line 55 thru Column 7, Line 5), 180 (“comfort settings 180” Column 7, Lines 30-40), which is correlated (via shared data and programming) with a same designated work mode of the monitor (200) and the medical ventilation apparatus (Figures 1 and 2); wherein the work mode key (via operation of various knobs of 110 in Figure 3) is configured to generate, based on an operation of the user (rotation of knobs), a control instruction which is configured to simultaneously control the monitor (200) and the medical ventilation apparatus (Figures 1 and 2) to enter into the designated work mode (e.g. operation of 175 – notifies the type of PAP treatment protocol utilized on the patient).
As to Claim 34, Burton discloses a medical ventilation apparatus (Figures 1 and 2), comprising: a patient pipeline (50, “A dual pressure hose 50 connects to the coupler 58. The dual pressure hose 50 has a high pressure side 51 and a low pressure side 52 for transporting the high pressure gas 47 and low pressure gas 37 to the mask 70.” Column 5, Lines 40-45), connected with a patient interface (70, A dual pressure hose 50 connects to the coupler 58. The dual pressure hose 50 has a high pressure side 51 and a low pressure side 52 for transporting the high pressure gas 47 and low pressure gas 37 to the mask 70.” Column 5, Lines 40-45) and configured to deliver ventilation gas to an airway of a patient; a pressure generator (25, “The shaft 22 enters the pump housing 25 having a high pressure chamber 45 and a low pressure chamber 35 which are adjacent, having a barrier 40 therebetween.” Column 3, Lines 30-50; also see: “FIG. 4 shows a more detailed view of the motor 20, high pressure impeller 146 and low pressure impeller 136 on shaft 22 in relation to housing 25. The intake air 43 enters housing 25.” Column 4, Lines 5-25), configured to generate the ventilation gas with a preset pressure (via “high pressure impeller 146 and low pressure impeller 136”) and deliver the ventilation gas to the patient; a controller (82, “The high and low pressure valves 49 and 39 respectively may be controlled by a controller or microprocessor 82 or set manually on control panel 110 as inspiration pressure control 120 and expiration pressure control 125.” Column 5, Lines 15-40; also see: “the controller 82 programmed for delivering gas at the proper gas pressures at the proper times.” Column 6, Line 55 thru Column 7, Line 5), configured to control the pressure generator (25) to ventilate the patient based on configuration information which matches with the patient; and a human-machine interaction interface (the combination of 110 and 173, wherein 110 – “The high and low pressure valves 49 and 39 respectively may be controlled by a controller or microprocessor 82 or set manually on control panel 110 as inspiration pressure control 120 and expiration pressure control 125.” Column 5, Lines 15-40; “Other settings on the control panel 110 are for comfort settings 180 in which the temperature, pressure, humidity and timing of the application of pressurized air to the patient is controlled.” Column 7, Lines 30-40; “other treatment protocols by using the protocol selection feature 175 on the control panel 110 and having the controller 82 programmed for delivering gas at the proper gas pressures at the proper times.” Column 6, Line 55 thru Column 7, Line 5; “Input means for data or selections to control the dual pressure gas delivery device 10 through control panel 110 can be by selecting settings from any array of control knobs on the control panel 110, by a menu driven touch screen on display 170 in conjunction with controller 82, or by other input/output devices as are currently known and used in the art.” Column 8, Line 60 thru Column 9, Line 5; also see various knobs of 110 in Figure 3 – 120 (“inspiration pressure control 120” Column 5, Lines 15-40), 125 (“expiration pressure control 125” Column 5, Lines 15-40), 130 (“A ramp time control knob 130” Column 7, Lines 5-20), 135 (“ramp delay time control selector 135” Column 7, Lines 5-20), 140 (“A humidity control 140” Column 3, Line 60 thru Column 4, Line 10), 175 (“the protocol selection feature 175” Column 6, Line 55 thru Column 7, Line 5), 180 (“comfort settings 180” Column 7, Lines 30-40); and wherein 173 – “Alternatively a keypad 173 can be used to enter data into the microprocessor/controller 82 for patient data information, or to select times, pressures or other parameters for running the dual pressure gas delivery device. A menu on display 170 driven by controller 82 may prompt the user to enter data for settings by use of the keyboard 173.” Column 7, Lines 25-35), configured to display (via 170, “A menu on display 170 driven by controller 82 may prompt the user to enter data for settings by use of the keyboard 173.” Column 7, Lines 25-35; “The control panel can have a display panel 170 such as an LCD for displaying information about the patient, the performance parameters of the dual pressure gas delivery device 10, such as an hour meter for how long the motor 20 has been on, an elapsed time at pressure meter, an elapsed running time meter or other information. Such information can be selected for display by a selection button on the control panel 110, by a touch screen LCD or by other means. The information selected can be transmitted from the controller/microprocessor 82, to the display panel 170 or can be recorded or stored on a smart card 210 or the microprocessor 82 and can be transmitted to a computer 200.” Column 7, Lines 40-60; “Input means for data or selections to control the dual pressure gas delivery device 10 through control panel 110 can be by selecting settings from any array of control knobs on the control panel 110, by a menu driven touch screen on display 170 in conjunction with controller 82, or by other input/output devices as are currently known and used in the art.” Column 8, Line 60 thru Column 9, Line 5) a respiratory treatment parameter (“the performance parameters of the dual pressure gas delivery device 10, such as an hour meter for how long the motor 20 has been on, an elapsed time at pressure meter, an elapsed running time meter or other information” Column 7, Lines 40-60) of the medical ventilation apparatus (Figures 1 and 2) and to acquire input (via 173 and/or various knobs of 110 in Figure 3 – 120 (“inspiration pressure control 120” Column 5, Lines 15-40), 125 (“expiration pressure control 125” Column 5, Lines 15-40), 130 (“A ramp time control knob 130” Column 7, Lines 5-20), 135 (“ramp delay time control selector 135” Column 7, Lines 5-20), 140 (“A humidity control 140” Column 3, Line 60 thru Column 4, Line 10), 175 (“the protocol selection feature 175” Column 6, Line 55 thru Column 7, Line 5), 180 (“comfort settings 180” Column 7, Lines 30-40; wherein 173 - “Alternatively a keypad 173 can be used to enter data into the microprocessor/controller 82 for patient data information, or to select times, pressures or other parameters for running the dual pressure gas delivery device. A menu on display 170 driven by controller 82 may prompt the user to enter data for settings by use of the keyboard 173.” Column 7, Lines 25-35) from a user; wherein the medical ventilation apparatus (Figures 1 and 2) further comprises a communication interface (via 118 or “telemetry”, “Connections to the computer 200 can be by telemetry such as by Blue Tooth.RTM., a cell phone data transmittal protocol, or over telephony networks through data port 118.” Column 8, Lines 45-50; also see: “The controller 82 can be programmed remotely by telemetry, through transmitter receiver 87, or by wire to a port 118 to plug in a data line from a computer 200 to the controller 82. … The port 118 can also be used to receive data from the controller 82 obtained from the sensors 71, 80 and send it to the computer 200 for use by health care workers.” Column 8, Lines 15-30) with a monitor (200, “Alternatively the controller/microprocessor 82 may be programmed by a computer 200 and the information transferred to the controller/microprocessor 82 through computer input output plug 118. The computer 200 may be remotely located at a hospital or sleep clinic and connected through the internet by wire or wireless phone systems or positioned adjacent the dual pressure gas delivery device 10.” Column 7, Lines 15-30; “The comfort setting may also be stored on the data card 210 or in the controller 82, or computer 200 to provide the best comfort setting for the type of treatment individualized for the patient.” Column 7, Lines 30-40; “The information selected can be transmitted from the controller/microprocessor 82, to the display panel 170 or can be recorded or stored on a smart card 210 or the microprocessor 82 and can be transmitted to a computer 200.” Column 7, Lines 45-60; “The controller 82 can be programmed remotely by telemetry, through transmitter receiver 87, or by wire to a port 118 to plug in a data line from a computer 200 to the controller 82. The controller 82 can also be programmed by a data card 210 inserted into data card port 115 to transfer instructions to the controller 82. The port 118 can also be used to receive data from the controller 82 obtained from the sensors 71, 80 and send it to the computer 200 for use by health care workers.” Column 8, Lines 15-30; “The data may be transmitted to a computer 200 at a remote location such as a doctor's office or hospital for remotely monitoring the patient. The computer 200 can store data about the patient which can be presented to a health care provider to diagnose or treat the patient. … Connections to the computer 200 can be by telemetry such as by Blue Tooth.RTM., a cell phone data transmittal protocol, or over telephony networks through data port 118.” Column 8, Lines 25-50; “The computer 200, microprocessor 82 or data card 210 can store date about the duration, start times and stop times of the treatment, the pressures used, air flow rates and patient data such as heart rates, blood oxygen rates, snoring, patient movement and other polysomnogram data useful in diagnosing and treating patients.” Column 9, Lines 15-25), wherein the monitor (200) is configured to measure a physiological parameter (via interaction of 200 with 71/80, wherein 71/80 – “For example the sensors 71, 80 may collect data about breathing volumes, breathing rates, breathing times, blood oxygen, EEG, EKG, EOG, EMG, patient pulse, patient temperature, snoring, position of the patient, sleep stages, patient movement, mask pressures, mask leakage, and other relevant data such as would be collected for a Polysomnogram (PSG).” Column 8, Lines 25-45; also see: “The sensors 71 used for supplying information about the patient's breathing to the controller or microprocessor 82 may be imbedded in the perimeter of the mask 70 or on the mask surface.” Column 6, Lines 15-25; and “Other sensors on the patient such as sensor 80 on the patient's chest may be used for supplying information about the patient's breathing to the controller or microprocessor 82.” Column 6, Lines 30-40) of the patient, when the medical ventilation apparatus (Figures 1 and 2) implements a ventilation treatment (“It is an object of the invention to provide a portable BiPAP device. It is an object of the invention to provide a multiple purpose device for BiPAP, CPAP, VPAP, SPAP, PPAP and AutoPAP applications.” Column 2, Lines 30-35; “The dual pressure gas delivery device 10 can be used to select only high pressure gas at all times to provide treatment of Continuous Positive Air Pressure (CPAP) with CPAP protocols. Similarly, with suitable programming of the controller 82, the dual pressure gas delivery device 10 can be used for Variable Positive Air Pressure (VPAP) treatment protocols, Sleep linked Positive Air Pressure (SPAP) treatment protocols, Proportional Positive Air Pressure (PPAP) treatment protocols, Auto Positive Air Pressure (AuotPAP) or other treatment protocols by using the protocol selection feature 175 on the control panel 110 and having the controller 82 programmed for delivering gas at the proper gas pressures at the proper times.” Column 6, Line 55 thru Column 7, Line 5), on the patient, wherein the controller (82) is further configured to acquire, through the communication interface (via 118 or “telemetry”), the physiological parameter (via interaction of 200 with 71/80, wherein 71/80 – “For example the sensors 71, 80 may collect data about breathing volumes, breathing rates, breathing times, blood oxygen, EEG, EKG, EOG, EMG, patient pulse, patient temperature, snoring, position of the patient, sleep stages, patient movement, mask pressures, mask leakage, and other relevant data such as would be collected for a Polysomnogram (PSG).” Column 8, Lines 25-45; also see: “The sensors 71 used for supplying information about the patient's breathing to the controller or microprocessor 82 may be imbedded in the perimeter of the mask 70 or on the mask surface.” Column 6, Lines 15-25; and “Other sensors on the patient such as sensor 80 on the patient's chest may be used for supplying information about the patient's breathing to the controller or microprocessor 82.” Column 6, Lines 30-40) of the patient, which physiological parameter (via interaction of 200 with 71/80) of the patient is monitored by the monitor (200), and the human-machine interaction interface (the combination of 110 and 173) is further configured to display (via 170) the acquired physiological parameter (via interaction of 200 with 71/80).
As to Claim 69, Burton discloses the monitor (200) is a module of the medical ventilation apparatus (Figures 1 and 2), which the module is capable of being disassembled from the medical ventilation apparatus (Figure 1 and 2).
As to Claim 70, Burton discloses the medical ventilation apparatus (Figures 1 and 2) is further provided with a physical connection structure (118, “computer input output plug 118” Column 7, Lines 15-30), which is configured to assemble the monitor (200) with the medical ventilation apparatus (Figures 1 and 2) to form an assembly that is capable of being disassembled.
As to Claim 71, Burton discloses the medical ventilation apparatus (Figures 1 and 2) is further configured to implement information communication with the monitor (200) with the communication interface (via 118 or “telemetry”), when the monitor (200) is assembled with the medical ventilation apparatus (Figures 1 and 2).
As to Claim 72, Burton discloses the physical connection structure (118) comprises a hot plug structure (plug of 118), and the medical ventilation apparatus (Figures 1 and 2) is further provided with a plug-in slot (receptacle of 118) which supports the hot plugging of the monitor (200); wherein the medical ventilation apparatus (Figures 1 and 2) communicates with the monitor (200) through the communication interface (via 118 or “telemetry”) of the plug-in slot (receptacle of 118).
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 14 is rejected under 35 U.S.C. 103 as being unpatentable over Burton et al. (6,349,724) in view of Casey et al. (10,029,053).
As to Claim 14, Burton discloses a power supply apparatus (150, “A portable gas delivery device may have a battery 150 for an internal power supply, a power cord 155 for an outside source of power, or both. The battery 150 may be rechargeable from the outside power source. A motor 20 receiving power from the battery 150 or an outside power source through the power cord 155 turns shaft 22.” Column 3, Lines 25-50) and common power interface (155, “A portable gas delivery device may have a battery 150 for an internal power supply, a power cord 155 for an outside source of power, or both. The battery 150 may be rechargeable from the outside power source. A motor 20 receiving power from the battery 150 or an outside power source through the power cord 155 turns shaft 22.” Column 3, Lines 25-50); wherein the monitor (200) is assembled with the medical ventilation apparatus (Figures 1 and 2).
Yet, Burton does not expressly disclose “the power supply apparatus is configured to simultaneously supply power to the medical ventilation apparatus and the monitor”.
Casey teaches a medical ventilation apparatus in the form of a nebulizer (1, “Referring to the drawings, a nebulizer 1 comprises a controller 2 linked to a vibrating mesh nebulizer head 3. The nebulizer 1 also comprises a USB plug 4 for connection to a host system or device.” Column 2, Lines 40-45) including a controller (2, “a controller 2” Column 2, Lines 40-45) and a monitor (“host system or device” via 4, “a USB plug 4 for connection to a host system or device” Column 2, Lines 40-45), whereby the medical ventilation apparatus (1) and the monitor (“host system or device” via 4) are connected by a contact communication interface (the combination of 4 and 5, “The link between the USB plug 4 and the controller 2 is a USB (Universal Serial Bus) cable 5 with power and data channels.” Column 2, Lines 40-50) so that “the host system includes a component adapted to communicate with a remote server for download of control instructions and/or upload of nebulizer data.” (Column 2, Lines 15-25; also see: Column 3, Lines 40-55).
Regarding the remaining limitations of the claims, Casey teaches contact communication interface (the combination of 4 and 5) is suitable for providing both power and data communication between the medical ventilation apparatus (1) and the monitor (“host system or device” via 4). The resultant effect is the ability of the singular connection point to consolidate the delivery of both power and data to/from the medical ventilation apparatus (1) and the monitor (“host system or device” via 4).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the power supply apparatus (150) of Burton to additionally support the connection of the medical ventilation apparatus and the monitor to encompass data and power connections, as taught by Casey to be a singular point to facilitate the delivery of both power and data to each of the medical ventilation apparatus and the monitor when connected.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Burton et al. (6,349,724) in view of Sherman et al. (9,180,266).
As to Claim 24, Burton disclose the human-machine interaction interface (the combination of 110 and 173) comprises a work mode key (via operation of various knobs of 110 in Figure 3 – 120 (“inspiration pressure control 120” Column 5, Lines 15-40), 125 (“expiration pressure control 125” Column 5, Lines 15-40), 130 (“A ramp time control knob 130” Column 7, Lines 5-20), 135 (“ramp delay time control selector 135” Column 7, Lines 5-20), 140 (“A humidity control 140” Column 3, Line 60 thru Column 4, Line 10), 175 (“the protocol selection feature 175” Column 6, Line 55 thru Column 7, Line 5), 180 (“comfort settings 180” Column 7, Lines 30-40), which is correlated (via shared data and programming) with a same designated work mode of the monitor (200) and the medical ventilation apparatus (Figures 1 and 2); wherein the work mode key (via operation of various knobs of 110 in Figure 3) is configured to generate, based on an operation of the user (rotation of knobs), a control instruction which is configured to simultaneously control the monitor (200) and the medical ventilation apparatus (Figures 1 and 2) to enter into the designated work mode (e.g. operation of 175 – notifies the type of PAP treatment protocol utilized on the patient).
Yet, Burton does not expressly disclose “wherein the work mode key comprises a rescue mode key, which is correlated with a cardiopulmonary resuscitation rescue mode of the monitor and a cardiopulmonary resuscitation ventilation mode of the medical ventilation apparatus; wherein, when the rescue mode key is operated, the monitor starts the cardiopulmonary resuscitation rescue mode, and the medical ventilation apparatus simultaneously starts the cardiopulmonary resuscitation ventilation mode.”
Sherman teaches a medical ventilation apparatus suitable for imparting ventilation gas to a patient, wherein the medical ventilation apparatus has work mode keys (“one of several ventilator operational modes (intube, mask, CPR).” Abstract), and one of the work mode keys includes a rescue mode key (“CPR” Abstract) which is correlated with a cardiopulmonary resuscitation ventilation mode of the medical ventilator apparatus (“to provide an automatic ventilator that can be used during and to assist an operator during CPR. The inventive ventilator here includes a metronome and audio and/or visual indicator to indicate the patient's heart beat. It also sequences the patient ventilation during operator pauses in chest pressure.” Column 3, Lines 45-55) whereby the CPR mode “simplifies and insures qualitative CPR delivery by carefully maintaining precise performance in conjunction with safety features to protect the patient and operator against harm during use.” (Column 12, Lines 10-20) through the generation of “a periodic synchronization signal instructing that a chest compression be performed on the patient when administering CPR to the patient and to sequence, in a manner suitable for administering CPR to the patient, the generation of periodic synchronization signals with the operation of the pneumatic assembly to output gas to the patient's airway, and wherein the controller is configured to adjust the breath delivery parameters suitable for administering CPR to the patient based on the monitored barometric pressure.” (Column 20, Line 40 thru Column 21, Line 5, Claim 13); “to determine the breath delivery parameters suitable for administering CPR to the patient based on the patient size characteristic input to the controller.” (Column 21, Lines 1-15, Claim 14); and to adjust “the breath delivery parameters suitable for administering CPR to the patient comprise at least a ventilation rate value output by the pneumatic assembly” (Column 21, Lines 25-30, Claim 18).
The resultant effect is the ability to adjust ventilation efforts based on the needs of the patient, when the patient necessitates CPR so that the medical ventilation apparatus provides “qualitative CPR delivery by carefully maintaining precise performance in conjunction with safety features to protect the patient and operator against harm during use.” (Column 12, Lines 10-20).
Therefore, it would have been obvious to one having ordinary skill in the art to modify the work mode key of Burton to include a consideration of a rescue mode key, when the patient necessitate CPR, as taught by Sherman to ensure “qualitative CPR delivery” to the patient.
Claims 8 and 73 are rejected under 35 U.S.C. 103 as being unpatentable over Burton et al. (6,349,724) in view of Kokko (2016/0184540).
As to Claims 8 and 73, Burton disclose the human-machine interaction interface (the combination of 110 and 173) comprises a display apparatus (170, “A menu on display 170 driven by controller 82 may prompt the user to enter data for settings by use of the keyboard 173.” Column 7, Lines 25-35; “The control panel can have a display panel 170 such as an LCD for displaying information about the patient, the performance parameters of the dual pressure gas delivery device 10, such as an hour meter for how long the motor 20 has been on, an elapsed time at pressure meter, an elapsed running time meter or other information. Such information can be selected for display by a selection button on the control panel 110, by a touch screen LCD or by other means. The information selected can be transmitted from the controller/microprocessor 82, to the display panel 170 or can be recorded or stored on a smart card 210 or the microprocessor 82 and can be transmitted to a computer 200.” Column 7, Lines 40-60; “Input means for data or selections to control the dual pressure gas delivery device 10 through control panel 110 can be by selecting settings from any array of control knobs on the control panel 110, by a menu driven touch screen on display 170 in conjunction with controller 82, or by other input/output devices as are currently known and used in the art.” Column 8, Line 60 thru Column 9, Line 5).
Yet, Burton does not expressly disclose the layout of the display “wherein the display apparatus comprises at least two display areas, the physiological parameter and the respiratory treatment parameter are displayed in different display areas; or the display apparatus is configured to fuse and display the physiological parameter and the respiratory treatment parameter; or the display apparatus comprises multiple display areas, wherein different physiological parameters and different respiratory treatment parameters are displayed in different display areas; the medical ventilation apparatus is further configured to fuse and display, in a same display area, the physiological parameter and the respiratory treatment parameter which are correlated with each other.”
Kokko teaches the medical ventilation apparatus (3, “The ventilator 3 is controlled by controller 5, which may be any type of controller capable of automatically controlling the ventilator 3.” Para 0016) with a human-machine interaction interface (11, “A user interface 11 is provided to allow an operator 17 to interact with and/or monitor the controller 5 and the ventilator 3.” Para 0017) having a display (13, “The user interface 11 may have a display 13 and an input device 15. The user interface 11, display 13, and input device 15 may be any device or devices that allow an operator 17 to interface with the ventilator 1 and controller 5 to oversee and control the automatic ventilation of a patient The user interface 11 may be integrated into an anesthesia cart or provided separate from an anesthesia cart. For example, the user interface 11 may be integrated into an anesthesia cart as a touch screen that acts as a display 13 to display monitoring data from the patient 9 and output data from the automatic ventilation system 1, and also to allow an operator 17 to input control commands to the system.” Para 0017) to monitor patient data, and output data from the ventilator, and enable the user to input control commands.
Regarding the remaining limitations of the claims, Kokko teaches and exemplary display (best seen Figure 5) to enable to monitor patient data, and output data from the ventilator, and enable the user to input control commands, whereby the exemplary display (best seen Figure 5) includes physiological parameter (EtCO.sub.2 via 88/90, “end tidal CO.sub.2 (EtCO.sub.2) is often measured to evaluate ventilation adequacy and to supervise patient status. Changes in EtCO.sub.2 can be an indication of metabolic and/or hemodynamic changes in a patient, and thus EtCO.sub.2 is a valuable monitoring parameter to clinicians.” Para 0001; “EtCO.sub.2 is used as the parameter indicating expiratory CO.sub.2 concentration.” Para 0012 – wherein “The lower portion of the exemplary display presents trend line 90 showing a target EtCO.sub.2 over time (scale 74). The EtCO.sub.2 magnitude scale 88 is shown in the lower left corner.” Para 0027) and the respiratory treatment parameter (MV.sub.alv via 80, “Traditionally, clinicians control ventilation by setting a ventilation rate on the ventilator which is kept constant throughout the ventilation process unless the clinician manually adjusts the ventilation rate. For example, minute volume (MV), including minute alveolar volume (MV.sub.alv), is kept constant at a value set by a clinician. The clinician may change the input value, for example, upon seeing, a need to compensate for a change in a patient's EtCO.sub.2 value, which is allowed to fluctuate and is monitored as an output value indicating patient status.” Para 0013; “The present inventor recognized that the challenges posed by deficiency of information when expiratory CO.sub.2 concentration is kept constant can be overcome by reporting changes in ventilation rate, such as changes in MV.sub.alv, to indicate a change in patient hemodynamic and/or metabolic, status. … For example, in automatic ventilation control according to the present invention, a target EtCO.sub.2 value may be set by a clinician and changes in MV.sub.alv may be reported to indicate a change in patient hemodynamic and/or metabolic status. In one embodiment of such a system, the target EtCO.sub.2 value automatically maintained by a ventilation control system is shown together in the same view as the calculated MV.sub.alv value so that a clinician can monitor a patient's status. Because MV.sub.alv has always been held constant in current and prior ventilation systems, it is not obvious that MV.sub.alv can be presented as a patient parameter.” Para 0014; “The MV.sub.alv magnitude scale 72 is shown on the left hand side. The current MV.sub.alv value 80 is also shown. The lower portion of the exemplary display presents trend line 90 showing a target EtCO.sub.2 over time (scale 74). The EtCO.sub.2 magnitude scale 88 is shown in the lower left corner. The current EtCO.sub.2 target value setting 84 is also shown below the current MV.sub.alv value 80. In other embodiments. MV.sub.alv may be replaced with minute volume or any other ventilation rate parameter, in such embodiments, the display may provide the ventilation rate parameter over time and the current value for the ventilation rate parameter in the same manner as shown and described in the exemplary embodiment of FIG. 5.” Para 0027).
The display apparatus (13 as shown in Figure 5) comprises at least two display areas, whereby the physiological parameter (EtCO.sub.2 via 88/90) and the respiratory treatment parameter (MV.sub.alv via 80) are displayed in different areas; the display apparatus (13 as shown in Figure 5) fuses and displays the physiological parameter (EtCO.sub.2 via 88/90) and the respiratory treatment parameter (MV.sub.alv via 80); and the display apparatus (13 as shown in Figure 5) comprises multiple display areas, whereby the physiological parameter (EtCO.sub.2 via 88/90) is displayed in a different display area than the respiratory treatment parameter (MV.sub.alv via 80).
The resultant effect is a singular screen upon which the user can ascertain information about both the physiological parameter (EtCO.sub.2 via 88/90) of the patient and the operational respiratory treatment parameter (MV.sub.alv via 80) of the medical ventilation apparatus.
Therefore, it would have been obvious modify the display apparatus of Burton to consolidate both the physiological parameter of the patient and the operational respiratory treatment parameter of the medical ventilation apparatus to provide a heads up display as to the efficacy of the patient’s treatment while being ventilated.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Schindhelm et al. (8,844,525 and 11,786,678) each disclose an additional medical ventilation apparatus (Figures 1 and 3 of ‘525 and Figure 1 of ‘678) having a patient pipeline (x10), pressure generator (x02), controller (x04), and a human-machine interaction interface (x18) configured to display (via x16) a respiratory treatment parameter of the medical ventilation apparatus (Figures 1 and 3 of ‘525 and Figure 1 of ‘678) and to acquire input information (x18) from a user; whereby the medical ventilation apparatus (Figures 1 and 3 of ‘525 and Figure 1 of ‘678) is optionally connected to a monitor (x22) through a communication interface (x20); the controller (x04) is configured to transmit control instruction to the monitor (x22) thought the communication interface (x20); and the controller (x04) is configured to acquire through the communication interface (x20), the physiological parameter of the patient (via x06/x12) as measured by the monitor (x22), wherein the human-machine interaction interface (x18) is configured to display (x16) the physiological parameter of the patient (via x06/x12).
Plattner et al. (2009/0107498) and Vollmers et al. (8,876,850) each disclose additional display screens (Plattner – Figures 1, 2, 5, 6; Vollmers – Figures 7-11) for a medical ventilation apparatus.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNETTE F DIXON whose telephone number is (571)272-3392. The examiner can normally be reached M-F 9-5 EST with flexible hours.
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ANNETTE FREDRICKA DIXON
Primary Examiner
Art Unit 3782
/Annette Dixon/Primary Examiner, Art Unit 3785
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