DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1-12, 14-16, 18-37, 39-40, and 43-51 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by U.S. Patent 7,942,844 to Moberg et al.
As to claims 1, Moberg discloses a system for electronic patient monitoring comprising a smart phone (Moberg column 6 lines 45-67 see smart phone) configured to:
accessing physiological data of a patient from a tablet comprising communication between said smart phone and tablet comprising machine to machine communication between said smart phone and the tablet (Moberg column 5 lines 56-67 and column 6 lines 45-67 see “Data communicated within local infusion system 102 and/ or between devices within local infusion system 102 and network devices 104 may include or represent, without limitation: physiologic patient data, device status information, time and date information, alarm/alert status, and other information related to the operation, status, or condition of the patient, related to any of the devices within local infusion system 102, or related to local infusion system 102 itself.” and “local devices within local infusion system 102 may be suitably configured to support the transmission of network communications to: a stationary monitor device 114, such as a bedside monitor or a piece of hospital monitoring equipment; a portable computer 116, such as a laptop PC, a palmtop PC, or a tablet PC”. Examiner notes that the broadest reasonable interpretation of machine to machine communication encompasses communication via a network server as in Moberg at column 5 lines 56-67 and column 6 lines 45-67)
first displaying the physiological data and editable default values next to a treatment order of a medication with an option to send the treatment order to an infusion pump and an option to view a reference about the medication (Moberg column 28 lines 35-61 see “historical BG data for the patient, rendered in a graph format” and “For example, the "Set Bolus" icon enables the user to program the device for a specific bolus value or values that can be activated during use; the default values could be assigned to correspond to various meal carbohydrate values commonly consumed by the user, the "Bolus Wizard" icon launches a feature that enables the user to calculate a bolus of insulin that is appropriate for the patient's current condition, the "Manual Bolus" icon enables the user to deviate from the default bolus value(s)”)
instructing the infusion pump to infuse according to the treatment order when said smart phone receives user input to send the treatment order (Moberg column 13 lines 1-14 see “The user can press "OK" to display other options, such as an activation request that controls the infusion pump to administer the recommended bolus.”) and
second displaying the reference when said smart phone receives input to view the reference (Moberg column 22 lines 30-56 see “User interface features 822 and display element 820 enable a user of network device 806 to remotely view data that might be displayed at infusion pump 802 or monitor device 804, remotely control monitor device 804 or infusion pump 802, and/or remotely program or modify operating parameters of monitor device 804 or infusion pump 802”).
Securing, independently, one or more of: the accessing (Moberg column 37 lines 1-19)
As to claim 2, see the discussion of claim 1, additionally, Moberg discloses the system further comprising a tablet configured to store the physiological data (Moberg column 5 lines 56-67 and column 6 lines 45-67 see “Data communicated within local infusion system 102 and/ or between devices within local infusion system 102 and network devices 104 may include or represent, without limitation: physiologic patient data, device status information, time and date information, alarm/alert status, and other information related to the operation, status, or condition of the patient, related to any of the devices within local infusion system 102, or related to local infusion system 102 itself.” and “local devices within local infusion system 102 may be suitably configured to support the transmission of network communications to: a stationary monitor device 114, such as a bedside monitor or a piece of hospital monitoring equipment; a portable computer 116, such as a laptop PC, a palmtop PC, or a tablet PC”).
As to claim 3, see the discussion of claim 2, additionally, Moberg discloses the system further wherein said tablet is configured to receive the physiological data from a monitoring-server computer that is configured to retrieve physiological data from a database computer (Moberg column 5 lines 56-67 and column 6 lines 45-67 see “Data communicated within local infusion system 102 and/ or between devices within local infusion system 102 and network devices 104 may include or represent, without limitation: physiologic patient data, device status information, time and date information, alarm/alert status, and other information related to the operation, status, or condition of the patient, related to any of the devices within local infusion system 102, or related to local infusion system 102 itself.” and “local devices within local infusion system 102 may be suitably configured to support the transmission of network communications to: a stationary monitor device 114, such as a bedside monitor or a piece of hospital monitoring equipment; a portable computer 116, such as a laptop PC, a palmtop PC, or a tablet PC”).
As to claim 4, see the discussion of claim 1, additionally, Moberg discloses the system further wherein communications of said system occur across a wireless network that is configured to be operable within a facility (Moberg column 22 lines 11-29 see “data communication network 808 may be ( or include), for example, the Internet, a cellular telecommunication network, a paging system network, a local or wide area network, any wireless or wired network described in connection with FIG. 1, or any network described elsewhere”).
As to claim 5, see the discussion of claim 1, additionally, Moberg discloses the system further comprising a tablet configured to store the physiological data; wherein said smart phone is configured to communicate with said tablet while outside of the facility having an associated patient located therein (Moberg column 5 lines 56-67 and column 6 lines 45-67 see “Data communicated within local infusion system 102 and/ or between devices within local infusion system 102 and network devices 104 may include or represent, without limitation: physiologic patient data, device status information, time and date information, alarm/alert status, and other information related to the operation, status, or condition of the patient, related to any of the devices within local infusion system 102, or related to local infusion system 102 itself.” and “local devices within local infusion system 102 may be suitably configured to support the transmission of network communications to: a stationary monitor device 114, such as a bedside monitor or a piece of hospital monitoring equipment; a portable computer 116, such as a laptop PC, a palmtop PC, or a tablet PC”).
As to claim 6, see the discussion of claim 2, additionally, Moberg discloses the system further wherein the smart phone is configured to:
change a setting of the infusion pump based on data other than the physiological data (Moberg column 28 lines 35-61 see “historical BG data for the patient, rendered in a graph format” and “For example, the "Set Bolus" icon enables the user to program the device for a specific bolus value or values that can be activated during use; the default values could be assigned to correspond to various meal carbohydrate values commonly consumed by the user, the "Bolus Wizard" icon launches a feature that enables the user to calculate a bolus of insulin that is appropriate for the patient's current condition, the "Manual Bolus" icon enables the user to deviate from the default bolus value(s)”); and
transmit the setting to said tablet (Moberg column 13 lines 1-14 see “The user can press "OK" to display other options, such as an activation request that controls the infusion pump to administer the recommended bolus.”)
As to claim 7, see the discussion of claim 6, additionally, Moberg discloses the system further wherein said system is configured to communicate the setting to a monitoring-server computer (Moberg column 28 lines 35-61 see “historical BG data for the patient, rendered in a graph format” and “For example, the "Set Bolus" icon enables the user to program the device for a specific bolus value or values that can be activated during use; the default values could be assigned to correspond to various meal carbohydrate values commonly consumed by the user, the "Bolus Wizard" icon launches a feature that enables the user to calculate a bolus of insulin that is appropriate for the patient's current condition, the "Manual Bolus" icon enables the user to deviate from the default bolus value(s)” and column 13 lines 1-14 see “The user can press "OK" to display other options, such as an activation request that controls the infusion pump to administer the recommended bolus.”); .
As to claim 8, see the discussion of claim 2, additionally, Moberg discloses the system further wherein said tablet is configured to store information selected from: monitoring and treatment data from a device attached to a patient (Moberg column 5 lines 56-67 and column 6 lines 45-67 see “Data communicated within local infusion system 102 and/ or between devices within local infusion system 102 and network devices 104 may include or represent, without limitation: physiologic patient data, device status information, time and date information, alarm/alert status, and other information related to the operation, status, or condition of the patient, related to any of the devices within local infusion system 102, or related to local infusion system 102 itself.” and “local devices within local infusion system 102 may be suitably configured to support the transmission of network communications to: a stationary monitor device 114, such as a bedside monitor or a piece of hospital monitoring equipment; a portable computer 116, such as a laptop PC, a palmtop PC, or a tablet PC”)
As to claim 9, see the discussion of claim 8, additionally, Moberg discloses the system further wherein said tablet is configured to upload the information from a device attached to the patient to a database computer (Moberg column 5 lines 56-67 and column 6 lines 45-67 see “Data communicated within local infusion system 102 and/ or between devices within local infusion system 102 and network devices 104 may include or represent, without limitation: physiologic patient data, device status information, time and date information, alarm/alert status, and other information related to the operation, status, or condition of the patient, related to any of the devices within local infusion system 102, or related to local infusion system 102 itself.” and “local devices within local infusion system 102 may be suitably configured to support the transmission of network communications to: a stationary monitor device 114, such as a bedside monitor or a piece of hospital monitoring equipment; a portable computer 116, such as a laptop PC, a palmtop PC, or a tablet PC”)
As to claim 10, see the discussion of claim 1, additionally, Moberg discloses the system further wherein the physiological data pertains to: current medication (Moberg column 28 lines 35-61 see “historical BG data for the patient, rendered in a graph format”).
As to claim 11, see the discussion of claim 2, additionally, Moberg discloses the system further wherein said tablet is configured for assignment to the patient (Moberg column 39 lines 54-67 and column 40 lines 1-4 see IP address or network interface card).
As to claim 12, see the discussion of claim 11, additionally, Moberg discloses the system further wherein the assignment utilizes a unique patient identifier (Moberg column 39 lines 54-67 and column 40 lines 1-4 see IP address or network interface card).
As to claim 14, see the discussion of claim 2, additionally, Moberg discloses the system wherein said tablet is physically associated with the infusion pump (Moberg column 5 lines 56-67 and column 6 lines 45-67 see “Data communicated within local infusion system 102 and/ or between devices within local infusion system 102 and network devices 104 may include or represent, without limitation: physiologic patient data, device status information, time and date information, alarm/alert status, and other information related to the operation, status, or condition of the patient, related to any of the devices within local infusion system 102, or related to local infusion system 102 itself.” and “local devices within local infusion system 102 may be suitably configured to support the transmission of network communications to: a stationary monitor device 114, such as a bedside monitor or a piece of hospital monitoring equipment; a portable computer 116, such as a laptop PC, a palmtop PC, or a tablet PC”)
As to claim 15, see the discussion of claim 2, additionally, Moberg discloses the system further comprising:
a patient monitoring device configured to obtain a measure of a physical characteristic of the patient (Moberg column 41 lines 14-35);
wherein said tablet receives the measure in real time (Moberg column 41 lines 14-35).
As to claim 16, see the discussion of claim 2, additionally, Moberg discloses the system wherein said tablet is configured to determine if a new order meets criteria based on the physiological data (Moberg column 28 lines 35-61 see “historical BG data for the patient, rendered in a graph format” and “For example, the "Set Bolus" icon enables the user to program the device for a specific bolus value or values that can be activated during use; the default values could be assigned to correspond to various meal carbohydrate values commonly consumed by the user, the "Bolus Wizard" icon launches a feature that enables the user to calculate a bolus of insulin that is appropriate for the patient's current condition, the "Manual Bolus" icon enables the user to deviate from the default bolus value(s)”).
As to claim 18, see the discussion of claim 3, additionally, Moberg discloses the system wherein the database computer is an electronic health records database computer (Moberg column 37 see history files).
As to claim 19, see the discussion of claim 3, additionally, Moberg discloses the system wherein said smart phone is configured to access the physiological data without accessing the database computer (Moberg column 37 lines 20-37).
As to claim 20, see the discussion of claim 4, additionally, Moberg discloses the system wherein:
the wireless network comprises a WIFI type network (Moberg column 38 lines 27-61); and
said smart phone and the tablet are configured to communicate via the WIFI type network (Moberg column 38 lines 27-61).
As to claim 21, see the discussion of claim 1, additionally, Moberg discloses the system wherein said smart phone is configured to provide one-touch access to a patient’s medical information (Moberg column 28 lines 35-61).
As to claim 22, see the discussion of claim 2, additionally, Moberg discloses the system wherein said tablet is configured to monitor a progress of treatment (Moberg column 28 liens 35-61).
As to claim 23, see the discussion of claim 1, additionally, Moberg discloses the system wherein said smart phone is configured to communicate a change to a setting of the infusion pump directly to the tablet (Moberg column 27 lines 3-20).
As to claim 24, see the discussion of claim 2, additionally, Moberg discloses the system wherein said tablet is configured to receive state parameters (Moberg column 28 lines 9-22 see alert or alarm).
As to claim 25, see the discussion of claim 24, additionally, Moberg discloses the system wherein said tablet is configured to signal the infusion pump to: halt infusion (Moberg column 27 lines 3-20).
As to claim 26, see the discussion of claim 25, additionally, Moberg discloses the system wherein said tablet is configured to communicate the alert to said smart phone (Moberg column 28 lines 9-22 see alert or alarm).
As to claim 27, see the discussion of claim 1, additionally, Moberg discloses the system wherein said smart phone is configured to display a risk profile associated with: an ordered medication, a suggested course of action as generated by the tablet, and combinations thereof (Moberg column 28 lines 35-61 see “historical BG data for the patient, rendered in a graph format” and “For example, the "Set Bolus" icon enables the user to program the device for a specific bolus value or values that can be activated during use; the default values could be assigned to correspond to various meal carbohydrate values commonly consumed by the user, the "Bolus Wizard" icon launches a feature that enables the user to calculate a bolus of insulin that is appropriate for the patient's current condition, the "Manual Bolus" icon enables the user to deviate from the default bolus value(s)”).
As to claim 28, see the discussion of claim 2, additionally, Moberg discloses the system wherein said tablet is configured to access a database computer within the facility and access another database computer outside of the facility (Moberg column 2 lines 1-12 see “network communications from external devices outside the local system environment may convey device programming instructions, device actuation instructions, calibration parameters, alert/alarm enable or disable signals…”.
As to claims 29, Moberg discloses a system for electronic patient monitoring comprising a tablet configured for:
receiving physiological data of a patient from: a monitoring-server computer comprising machine to machine communication between said tablet and the monitoring-server computer (Moberg column 5 lines 56-67 and column 6 lines 45-67 see “Data communicated within local infusion system 102 and/ or between devices within local infusion system 102 and network devices 104 may include or represent, without limitation: physiologic patient data, device status information, time and date information, alarm/alert status, and other information related to the operation, status, or condition of the patient, related to any of the devices within local infusion system 102, or related to local infusion system 102 itself.” and “local devices within local infusion system 102 may be suitably configured to support the transmission of network communications to: a stationary monitor device 114, such as a bedside monitor or a piece of hospital monitoring equipment; a portable computer 116, such as a laptop PC, a palmtop PC, or a tablet PC” Examiner notes that the broadest reasonable interpretation of machine to machine communication encompasses communication via a network server as in Moberg at column 5 lines 56-67 and column 6 lines 45-67);
storing the physiological data (Moberg column 5 lines 56-67 and column 6 lines 45-67 see “Data communicated within local infusion system 102 and/ or between devices within local infusion system 102 and network devices 104 may include or represent, without limitation: physiologic patient data, device status information, time and date information, alarm/alert status, and other information related to the operation, status, or condition of the patient, related to any of the devices within local infusion system 102, or related to local infusion system 102 itself.” and “local devices within local infusion system 102 may be suitably configured to support the transmission of network communications to: a stationary monitor device 114, such as a bedside monitor or a piece of hospital monitoring equipment; a portable computer 116, such as a laptop PC, a palmtop PC, or a tablet PC”); and
providing the physiological data to a smart phone configured to instruct an infusion pump to infuse according to a treatment order (Moberg column 5 lines 56-67 and column 6 lines 45-67 see “Data communicated within local infusion system 102 and/ or between devices within local infusion system 102 and network devices 104 may include or represent, without limitation: physiologic patient data, device status information, time and date information, alarm/alert status, and other information related to the operation, status, or condition of the patient, related to any of the devices within local infusion system 102, or related to local infusion system 102 itself.” and “local devices within local infusion system 102 may be suitably configured to support the transmission of network communications to: a stationary monitor device 114, such as a bedside monitor or a piece of hospital monitoring equipment; a portable computer 116, such as a laptop PC, a palmtop PC, or a tablet PC”);
instructing the infusion pump to stop infusing based on a parameter (Moberg see a networked device configuring alert or alarm enable or disable instruction for a local device within the infusion system, column 14 lines 41-61).
As to claim 30, see the discussion of claim 29, additionally, Moberg discloses the system wherein communications of said system occur across a wireless network that is configured to be operable within a facility (Moberg column 22 lines 11-29 see “data communication network 808 may be ( or include), for example, the Internet, a cellular telecommunication network, a paging system network, a local or wide area network, any wireless or wired network described in connection with FIG. 1, or any network described elsewhere”).
As to claim 31, see the discussion of claim 30, additionally, Moberg discloses the system wherein said tablet is configured to communicate with the smart phone while the smart phone is outside of the facility having an associated patient located therein (Moberg column 5 lines 56-67 and column 6 lines 45-67 see “Data communicated within local infusion system 102 and/ or between devices within local infusion system 102 and network devices 104 may include or represent, without limitation: physiologic patient data, device status information, time and date information, alarm/alert status, and other information related to the operation, status, or condition of the patient, related to any of the devices within local infusion system 102, or related to local infusion system 102 itself.” and “local devices within local infusion system 102 may be suitably configured to support the transmission of network communications to: a stationary monitor device 114, such as a bedside monitor or a piece of hospital monitoring equipment; a portable computer 116, such as a laptop PC, a palmtop PC, or a tablet PC”)
As to claim 32, see the discussion of claim 29, additionally, Moberg discloses the system further comprising a smart phone that is configured to:
change a setting of the infusion pump based on data other than the physiological data(Moberg column 28 lines 35-61 see “historical BG data for the patient, rendered in a graph format” and “For example, the "Set Bolus" icon enables the user to program the device for a specific bolus value or values that can be activated during use; the default values could be assigned to correspond to various meal carbohydrate values commonly consumed by the user, the "Bolus Wizard" icon launches a feature that enables the user to calculate a bolus of insulin that is appropriate for the patient's current condition, the "Manual Bolus" icon enables the user to deviate from the default bolus value(s)”); and
wherein said tablet is configured to receive the setting (Moberg column 13 lines 1-14 see “The user can press "OK" to display other options, such as an activation request that controls the infusion pump to administer the recommended bolus.”).
As to claim 33, see the discussion of claim 29, additionally, Moberg discloses the system wherein said tablet is configured to store information selected from: treatment data from a device attached to a patient, and combinations thereof(Moberg column 5 lines 56-67 and column 6 lines 45-67 see “Data communicated within local infusion system 102 and/ or between devices within local infusion system 102 and network devices 104 may include or represent, without limitation: physiologic patient data, device status information, time and date information, alarm/alert status, and other information related to the operation, status, or condition of the patient, related to any of the devices within local infusion system 102, or related to local infusion system 102 itself.” and “local devices within local infusion system 102 may be suitably configured to support the transmission of network communications to: a stationary monitor device 114, such as a bedside monitor or a piece of hospital monitoring equipment; a portable computer 116, such as a laptop PC, a palmtop PC, or a tablet PC”)
As to claim 34, see the discussion of claim 33, additionally, Moberg discloses the system wherein said tablet is configured to upload the information from a device attached to the patient to a database computer (Moberg column 5 lines 56-67 and column 6 lines 45-67 see “Data communicated within local infusion system 102 and/ or between devices within local infusion system 102 and network devices 104 may include or represent, without limitation: physiologic patient data, device status information, time and date information, alarm/alert status, and other information related to the operation, status, or condition of the patient, related to any of the devices within local infusion system 102, or related to local infusion system 102 itself.” and “local devices within local infusion system 102 may be suitably configured to support the transmission of network communications to: a stationary monitor device 114, such as a bedside monitor or a piece of hospital monitoring equipment; a portable computer 116, such as a laptop PC, a palmtop PC, or a tablet PC”)
.As to claim 35, see the discussion of claim 29, additionally, Moberg discloses the system wherein the physiological data pertains to: current medication (Moberg column 28 lines 35-61 see “historical BG data for the patient, rendered in a graph format”).
As to claim 36, see the discussion of claim 29, additionally, Moberg discloses the system wherein said tablet is configured for assignment to the patient (Moberg column 39 lines 54-67 and column 40 lines 1-4 see IP address or network interface card).
As to claim 37, see the discussion of claim 36, additionally, Moberg discloses the system wherein the assignment utilizes a unique patient identifier (Moberg column 39 lines 54-67 and column 40 lines 1-4 see IP address or network interface card).
As to claim 39, see the discussion of claim 27, additionally, Moberg discloses the system wherein said tablet is physically associated with the infusion pump (Moberg column 5 lines 56-67 and column 6 lines 45-67 see “Data communicated within local infusion system 102 and/ or between devices within local infusion system 102 and network devices 104 may include or represent, without limitation: physiologic patient data, device status information, time and date information, alarm/alert status, and other information related to the operation, status, or condition of the patient, related to any of the devices within local infusion system 102, or related to local infusion system 102 itself.” and “local devices within local infusion system 102 may be suitably configured to support the transmission of network communications to: a stationary monitor device 114, such as a bedside monitor or a piece of hospital monitoring equipment; a portable computer 116, such as a laptop PC, a palmtop PC, or a tablet PC”).
As to claim 40, see the discussion of claim 29, additionally, Moberg discloses the system further comprising:
a patient monitoring device configured to obtain a measure of a physical characteristic of the patient (Moberg column 41 lines 14-35);
wherein said tablet receives the measure in real time (Moberg column 41 lines 14-35).
As to claim 43, see the discussion of claim 29, additionally, Moberg discloses the system wherein the database computer is an electronic health records database computer (Moberg column 37 see history files).
As to claim 44, see the discussion of claim 30, additionally, Moberg discloses the system wherein:
the wireless network comprises a WIFI type network (Moberg column 38 lines 27-61); and
the smart phone and said tablet are configured to communicate via the WIFI type network (Moberg column 38 lines 27-61).
As to claim 45, see the discussion of claim 29, additionally, Moberg discloses the system wherein said tablet is configured to monitor a progress of treatment (Moberg column 28 liens 35-61).
As to claim 46, see the discussion of claim 29, additionally, Moberg discloses the system wherein the smart phone is configured to communicate a change to a setting of the infusion pump directly to said tablet (Moberg column 27 lines 3-20).
As to claim 47, see the discussion of claim 46, additionally, Moberg discloses the system wherein said tablet is configured to receive state parameters (Moberg column 28 lines 9-22 see alert or alarm).
As to claim 48, see the discussion of claim 29, additionally, Moberg discloses the system wherein said tablet is configured to signal the infusion pump to: halt infusion (Moberg column 27 lines 3-20).
As to claim 49, see the discussion of claim 48, additionally, Moberg discloses the system wherein said tablet is configured to communicate the alert to the smart phone (Moberg column 28 lines 9-22 see alert or alarm).
As to claim 50, see the discussion of claim 29, additionally, Moberg discloses the system wherein said tablet is configured to access a database computer within the facility and access another database computer outside of the facility (Moberg column 38 lines 54-67).
As to claim 51, Moberg discloses wherein the securing comprises a pass code (Moberg column 39 lines 31-67 and column 40 lines 1-3 see “Password and firewall protection may be implemented to provide protection against external misuse or data theft”).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 13 and 38 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over U.S. Patent 7,942,844 to Moberg et al. in view of U.S. Patent Application Publication 2008/0129496 to Koblasz.
As to claim 13, see the discussion of claim 12, however, Moberg does not explicitly teach the system wherein the unique patient identifier is embedded on a bar code or an RFID tag-embedded wrist band.
Koblasz discloses wherein the unique patient identifier is embedded on a bar code or an RFID tag-embedded wrist band (Koblasz [0023], [0065], [0068]). It would have been obvious to one of ordinary skill in the art at the time of invention to utilize barcode and rfid patient assignment information as in Koblasz in the system of Moberg to ensure that the correct data is attributed to the correct patient.
As to claim 38, see the discussion of claim 37, however, Moberg does not explicitly teach the system wherein the unique patient identifier is embedded on a bar code or an RFID tag-embedded wrist band.
Koblasz discloses wherein the unique patient identifier is embedded on a bar code or an RFID tag-embedded wrist band (Koblasz [0023], [0065], [0068]). It would have been obvious to one of ordinary skill in the art at the time of invention to utilize barcode and rfid patient assignment information as in Koblasz in the system of Moberg to ensure that the correct data is attributed to the correct patient.
Claims 17 and 42 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over U.S. Patent 7,942,884 to Moberg et al. in view of in view of U.S. Patent 7,302,266 to Sill et al.
As to claim 17, see the discussion of claim 4, however, Moberg does not explicitly teach the system wherein the wireless network is configured to determine a usage intensity of an area and allocate channel frequencies in accordance with the usage intensity by directing additional channel frequencies to the area. Sill discloses wherein the wireless network is configured to determine a usage intensity of an area and allocate channel frequencies in accordance with the usage intensity by directing additional channel frequencies to the area (Sill abstract).
It would have been obvious to one of ordinary skill in the art at the time of invention to utilize a micro-cellular network as in Sill in the system of Moberg to improve network reliability.
As to claim 42, see the discussion of claim 30, however, Moberg does not explicitly teach the system wherein the wireless network is configured to determine a usage intensity of an area and allocate channel frequencies in accordance with the usage intensity by directing additional channel frequencies to the area. Sill discloses wherein the wireless network is configured to determine a usage intensity of an area and allocate channel frequencies in accordance with the usage intensity by directing additional channel frequencies to the area (Sill abstract).
It would have been obvious to one of ordinary skill in the art at the time of invention to utilize a micro-cellular network as in Sill in the system of Moberg to improve network reliability.
Response to Arguments
Applicant's arguments filed 3/12/2026 have been fully considered but they are not persuasive.
Applicant argues that the Moberg reference does not teach machine to machine communication between a smartphone and tablet and between a tablet and a monitoring server. Examiner could not find support for “machine to machine” communication in the specification (particularly the PGPUB at [0021]) being used consistent with a term of art meaning direct, automated data exchange between devices using wired or wireless networks, requiring no human intervention. This element, as this is described in the specification allows a human to select the data to display. The broadest reasonable interpretation in light of what is in the specification encompasses the networked communication via server described in Moberg at column 5 lines 56-67 and column 6 lines 45-67.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eliza Lam whose telephone number is (571)270-7052. The examiner can normally be reached Monday-Friday 8-4:30PST.
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/ELIZA A LAM/Primary Examiner, Art Unit 3681
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