DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted is considered by the examiner.
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.
Claim(s) 5-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticiapted by Soni et al. (US Publication Number 2017/0277849, hereinafter “Soni”).
(1) regarding claim 5:
As shown in fig. 1, Soni disclosed a non-transitory computer-readable medium having stored a computer program adapted to be executed by a processor installed in a terminal device adapted to communicate with a physiological information collecting device configured to collect physiological information of a subject (134, fig. 1, para. [0042], note that the data stores 134, 136 (as well as memory at the client computing devices 110) may also store various information, such as account-specific information about users of the site. The data store 134 may also store one or more catalogs related to items that may be viewed by the user), the computer program being configured, when executed, to cause the terminal device to:
receive data corresponding to the physiological information (para. [0046], note that the system 100 may include a monitoring system 154 that is communicatively coupled to sensors 156 that are configured to detect measurements, such as from an individual (e.g., a patient), and communicate the measurements to the system 154 as waveform signals. In particular embodiments, the measurements are physiological measurements); and
visualize, based on the data, at least a part of the physiological information on a screen of a web browser displayed on a display (para. [0046], note that the sensors 156 may be configured to detect different physiological measurements, such as a heart rate, body temperature, blood pressure, respiratory rate, electrical activity, or intrauterine pressure. The monitoring system 154 may communicate data to the server system 130 that is based on the detected physiological measurements. For example, the data may include the chart documents described herein and/or may include data for forming the chart documents);
wherein the physiological information includes first information in which a display aspect ratio is fixed and second information in which the display aspect ratio is not fixed (para. [0047], note that the health-monitoring graph 158 may be shown at a desired aspect ratio, such as an aspect ratio that is consistent with an established standard i.e. fixed. Also see para. [0057], note that FIGS. 4-7 illustrate screens that display waveforms with insufficient aspect ratios i.e. not fixed. FIGS. 4-7 may also illustrate screens that have an insufficient horizontal sensitivity, an insufficient vertical sensitivity, and/or other graph characteristic); and
wherein the terminal device is configured to change, based on an amount of the physiological information corresponding to the data and a size of the screen of the web browser (para. [0061], note that the perceived aspect ratio is only compared to the standard aspect range after a graph-changing event. Graph-changing events may include a change of device orientation, a change in zoom level of the application program, or a change in zoom level of the device), at least one of:
a ratio of an area of a region in the screen of the web browser in which the first information is to be visualized and an area of a region in the screen of the web browser in which the second information is to be visualized (para. [0060], note that in FIG. 4, the waveforms 320, 322 have a perceived aspect ratio that is not acceptable relative to a standard aspect ratio. For example, the perceived aspect ratio may be about 0.30 and the standard aspect ratio is 0.4±0.08. As such, the perceived aspect ratio of 0.30 is less than an acceptable minimum standard aspect range of 0.32.);
an amount of the first information to be visualized (para. [0060], note that the perceived aspect ratio may be about 0.30 and the standard aspect ratio is 0.4±0.08.); and
an amount of the second information to be visualized, while maintaining a scale of the display aspect ratio of the first information that is to be visualized (para. [0061], note that determine that the perceived graph characteristic is improper relative to the standard graph characteristic. For example, a perceived aspect ratio may be repeatedly compared to the standard aspect range. The perceived aspect ratio may be compared to a maximum acceptable aspect ratio and a minimum acceptable aspect ratio. If the perceived aspect ratio is less than the minimum acceptable aspect ratio or greater than the maximum acceptable aspect ratio, then the perceived aspect ratio does not satisfy the standard aspect range. Also see fig. 4).
(2) regarding claim 6:
Soni further disclosed the non-transitory computer-readable medium according to claim 5, wherein the second information includes alarm information items whose priorities are different from each other (para. [0069], note that embodiments may also be configured to notify the user that the perceived graph characteristic does not satisfy the standard graph range. The client-computing device may initiate one or more notifications that warn the user);
wherein the terminal device is configured to determine an alarm information item to be visualized in the screen of the web browser, based on the priorities and the size of the screen of the web browser (para. [0071], note that FIG. 5 illustrates a screen 400 having a viewable area 402 in which a health-monitoring graph 416 has an improper aspect ratio. As shown in FIG. 5, a textual notification 460 is provided in white space 462 of the viewport 412 that surrounds the chart document 414. The textual notification 460 is “CAUTION: Current aspect ratio is 0.32. This is below the defined standard!”).
(3) regarding claim 7:
Soni further disclosed the non-transitory computer-readable medium according to claim 5, wherein the computer program is enabled to be executed by the processor by being downloaded from the physiological information collecting device (para. [0038], note that the portable devices may also be configured to operate application programs, such as web browsers, mobile applications, or other software programs, that are capable of retrieving waveform data and displaying the waveform data through a communication network).
(4) regarding claim 8:
As shown in fig. 1, Soni disclosed a terminal device adapted to communicate with a physiological information collecting device configured to collect physiological information of a subject (para. [0045], note that the tablet computer 160 may include one or more processors 126 and computer-readable storage media 127. The computer-readable storage media 127 may store program instructions or computer code for a display application 146. The display application 146 is configured to display an electronic chart 129 on the user display 122.), comprising:
a communication interface configured to receive data corresponding to the physiological information (para. [0046], note that system 100 may include a monitoring system 154 that is communicatively coupled to sensors 156 that are configured to detect measurements, such as from an individual (e.g., a patient), and communicate the measurements to the system 154 as waveform signals); and
a processor configured to visualize, based on the data, at least a part of the physiological information on a screen of a web browser displayed on a display (para. [0046], note that the measurements are physiological measurements. The sensors 156 may be configured to detect different physiological measurements, such as a heart rate, body temperature, blood pressure, respiratory rate, electrical activity, or intrauterine pressure. The monitoring system 154 may communicate data to the server system 130 that is based on the detected physiological measurements),
wherein the physiological information includes first information in which a display aspect ratio is fixed and second information in which the display aspect ratio is not fixed (para. [0047], note that the health-monitoring graph 158 may be shown at a desired aspect ratio, such as an aspect ratio that is consistent with an established standard i.e. fixed. Also see para. [0057], note that FIGS. 4-7 illustrate screens that display waveforms with insufficient aspect ratios i.e. not fixed. FIGS. 4-7 may also illustrate screens that have an insufficient horizontal sensitivity, an insufficient vertical sensitivity, and/or other graph characteristic); and
wherein the processor is configured to change, based on an amount of the physiological information corresponding to the data and a size of the screen of the web browser (para. [0061], note that the perceived aspect ratio is only compared to the standard aspect range after a graph-changing event. Graph-changing events may include a change of device orientation, a change in zoom level of the application program, or a change in zoom level of the device), at least one of:
a ratio of an area of a region in the screen of the web browser in which the first information is to be visualized and an area of a region in the screen of the web browser in which the second information is to be visualized (para. [0060], note that in FIG. 4, the waveforms 320, 322 have a perceived aspect ratio that is not acceptable relative to a standard aspect ratio. For example, the perceived aspect ratio may be about 0.30 and the standard aspect ratio is 0.4±0.08. As such, the perceived aspect ratio of 0.30 is less than an acceptable minimum standard aspect range of 0.32);
an amount of the first information to be visualized (para. [0060], note that the perceived aspect ratio may be about 0.30 and the standard aspect ratio is 0.4±0.08); and
an amount of the second information to be visualized, while maintaining a scale of the display aspect ratio of the first information that is to be visualized (para. [0061], note that determine that the perceived graph characteristic is improper relative to the standard graph characteristic. For example, a perceived aspect ratio may be repeatedly compared to the standard aspect range. The perceived aspect ratio may be compared to a maximum acceptable aspect ratio and a minimum acceptable aspect ratio. If the perceived aspect ratio is less than the minimum acceptable aspect ratio or greater than the maximum acceptable aspect ratio, then the perceived aspect ratio does not satisfy the standard aspect range. Also see fig. 4).
(5) regarding claim 9:
Soni further disclosed the terminal device according to claim 8, further comprising a display (para. [0044], note that the user display 122 defines an area that may present virtual user-selectable elements 123 that may be selected by the user on the user display 122).
(6) regarding claim 10:
Soni further disclosed the terminal device according to claim 8, being adapted to be carried by a user (para. [0044], note that as shown in FIG. 1, the tablet computer 160 includes a user display 122, which may be a touchscreen in some embodiments that is configured to identify and locate a touch from a user's finger or stylus. The user display 122 is framed by a housing 125 of the table computer 160).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Subramaniam et al. (US Publication Number 2020/0204631 A1, hereinafter “Subramaniam”).
(1) regarding claim 1:
As shown in fig. 1, Subramaniam disclosed a physiological information collecting device (100, fig. 1, para. [0028], note that FIG. 1 is a diagram illustrating an example system 100 for tracking and monitoring information associated with a patient. The system 100 can be used to monitor patient vital signs, track patient activity, track patient movement, record information associated with a patient, coordinate patient care, and provide up-to-date information to health care providers), comprising:
a reception interface configured to receive physiological information of a subject (para. [0029], note that monitoring devices detect and record medical data for a patient. For example, the monitoring devices can detect and record various vital signs and other information for a patient);
a communication interface configured to allow communication with a terminal device provided with a display (para. [0037], note that the patient 104 can select a button on the chest sensor 102 which can cause the chest sensor 102 to communicate a distress signal to a bedside monitor 108, or to another computing device using wireless communications and/or by communicating through a network 112. The chest sensor 102 can also include display lights, a display screen, or other display mechanisms, see para. [0036]); and
a processor configured to create data for visualize information including at least the physiological information (para. [0036], note that a display screen included as part of the chest sensor 102 can provide indications of one or more vital signs or other information collected by the chest sensor 102. For example, a display screen can show one or more ECG readings for the patient 104.), wherein the processor is configured to selectively execute either one of:
a first communication protocol configured to transmit the data from the communication interface as a reply to a request transmitted from the terminal device (see fig. 3, para. [0094], note that the client device 310 provides a request for a web page to the web server 332 of the service broker 330 (Step 312). The request includes patient information for a particular patient. Para. [0096], note that the web application server 334 determines a web page based on the patient information included in the request, and provide the web page to the client device through the HTTP connection (Step 316).); and
a second communication protocol configured to transmit the data from the communication interface at a prescribed timing while maintaining connection established by a request transmitted from the terminal device (fig. 3, para. [0097], note that upon receiving the web page from the service broker 330, the client device 310 provides a websocket connection request to the websocket handler 336 to establish a connection between the client device 310 and the service broker 330 (Step 342). For example, when the requested web page is loaded by a web browser of the client device 310, a websocket connection is established between the client device 310 and the service broker 330).
Subramaniam disclosed most of the subject matter as described as above except for specifically teaching wherein information corresponding to the data transmitted by the second communication protocol has a higher priority for requiring an immediate display on the display than the information corresponding to the data transmitted by the first communication protocol.
However, Subramaniam teaches wherein information corresponding to the data transmitted by the second communication protocol has a higher priority for requiring an immediate display on the display than the information corresponding to the data transmitted by the first communication protocol (para. [0061], note that the system 100 can send an urgent alert to a nurse located within a close proximity to the patient 104 that indicates that the patient is choking and instructing the nurse to clear the patient 104's airway. Also see para. [0111], note that by using websocket connections established between the client device and the service broker, the client device can obtain the requested realtime medical data easily because the service broker can push the realtime medical data to the client device asynchronously).
At the time of filing for the invention, it would have been obvious to a person of ordinary skilled in the art for Subramaniam to teach wherein information corresponding to the data transmitted by the second communication protocol has a higher priority for requiring an immediate display on the display than the information corresponding to the data transmitted by the first communication protocol. The suggestion/motivation for doing so would have been in order to provide realtime medical data to a client device regardless of a type of a client device's platform (abs.). Therefore, it would have been obvious for Subramaniam to obtain the invention as specified in claim 1.
(2) regarding claim 2:
Subramaniam further disclosed the physiological information collecting device according to claim 1, wherein the second communication protocol is a WebSocket protocol (para. [0098], note that responsive to receiving the websocket connection request, the websocket handler 336 provides a websocket connection response to the client device 310 (Step 344).).
(3) regarding claim 3:
Subramaniam further disclosed the physiological information collecting device according to claim 1, further comprising a display configured to visualize the physiological information based on the data (para. [0142], note that FIG. 7B is a diagram illustrating an example an example interface 720 displayed on a client device. In particular, the interface 720 provides the same or substantially similar interface provided in a monitoring device, e.g., the monitoring device 250 in FIG. 2 and/or the client device 210 in FIG. 2.).
(4) regarding claim 4:
Subramaniam further disclosed a non-transitory computer-readable medium having stored a computer program adapted to be executed by a processor installed in a physiological information collecting device, the computer program being configured, when executed (para. [0009], note that computer-readable media for providing realtime medical data that are obtained from a monitoring device to a client device is disclosed. Also see para. [0166], note that The computer storage medium can be a machine-readable storage device, a machine-readable storage substrate, a random or serial access memory device, or a combination of one or more of them), to cause the physiological information collecting device to:
receive physiological information of a subject (para. [0029], note that monitoring devices detect and record medical data for a patient. For example, the monitoring devices can detect and record various vital signs and other information for a patient); and
create data for visualize information including at least the physiological information (para. [0036], note that a display screen included as part of the chest sensor 102 can provide indications of one or more vital signs or other information collected by the chest sensor 102. For example, a display screen can show one or more ECG readings for the patient 104);
execute selectively either one of a first communication protocol or a second communication protocol (para. [0093], note that FIG. 3 is a sequence diagram illustrating example operations of providing real time medical data to a client device);
wherein, in the first communication protocol, the data is transmitted as a reply to a request transmitted from the terminal device (see fig. 3, para. [0094], note that the client device 310 provides a request for a web page to the web server 332 of the service broker 330 (Step 312). The request includes patient information for a particular patient. Para. [0096], note that the web application server 334 determines a web page based on the patient information included in the request, and provide the web page to the client device through the HTTP connection (Step 316));
wherein, in the second communication protocol, the data is transmitted at a prescribed timing while maintaining connection established by a request transmitted from the terminal device (fig. 3, para. [0097], note that upon receiving the web page from the service broker 330, the client device 310 provides a websocket connection request to the websocket handler 336 to establish a connection between the client device 310 and the service broker 330 (Step 342). For example, when the requested web page is loaded by a web browser of the client device 310, a websocket connection is established between the client device 310 and the service broker 330).
Subramaniam disclosed most of the subject matter as described as above except for specifically teaching wherein information corresponding to the data transmitted by the second communication protocol has a higher priority for requiring an immediate display on the display than the information corresponding to the data transmitted by the first communication protocol.
However, Subramaniam teaches wherein information corresponding to the data transmitted by the second communication protocol has a higher priority for requiring an immediate display on the display than the information corresponding to the data transmitted by the first communication protocol (para. [0061], note that the system 100 can send an urgent alert to a nurse located within a close proximity to the patient 104 that indicates that the patient is choking and instructing the nurse to clear the patient 104's airway. Also see para. [0111], note that by using websocket connections established between the client device and the service broker, the client device can obtain the requested realtime medical data easily because the service broker can push the realtime medical data to the client device asynchronously).
At the time of filing for the invention, it would have been obvious to a person of ordinary skilled in the art for Subramaniam to teach wherein information corresponding to the data transmitted by the second communication protocol has a higher priority for requiring an immediate display on the display than the information corresponding to the data transmitted by the first communication protocol. The suggestion/motivation for doing so would have been in order to provide realtime medical data to a client device regardless of a type of a client device's platform (abs.). Therefore, it would have been obvious for Subramaniam to obtain the invention as specified in claim 4.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tanishima et al. (US Publication Number 2019/0110759 A1) disclosed a physiological information processing apparatus includes a processor and a memory storing computer-readable instructions. When the instructions are executed by the processor, the physiological information processing apparatus obtains physiological information data indicative of physiological information of a subject.
Rodriguez et al. (NPL, “Implementation of a sensor node for monitoring physiological signals with Websocket Communication and data visualization in a node.js server over the Internet”, 2020) disclosed development and construction of low power sensors nodes, based on internet of things technologies, for the acquisition, processing, transmission and visualization of electrocardiographic (ECG) signal, temperature and heart rate data through the Internet performing continuous data transmission using full duplex connections.
Zhang et al. (A mHealth Monitoring System for Telemedicine Based on Websocket Wireless Communication, 2013) disclosed a new medical monitoring model which uses sensor communication technology, computer information technology and modern medical technology.
Any inquiry concerning this communication or earlier communication from the examiner should be directed to Hilina K Demeter whose telephone number is (571) 270-1676.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, King Y. Poon could be reached at (571) 270- 0728. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HILINA K DEMETER/Primary Examiner, Art Unit 2617