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 .
Response to Arguments
Applicant’s arguments, see page 10, filed 7/23/2026, with respect to the rejection(s) of claim(s) 1-13 and 15-19 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Nova in view of Jorgenson and Nova in view of Jorgenson and Freeman as detailed below.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2, 3, 5, 7, 10, 15, 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Nova et al (US 2003/0212311 A1, hereinafter “Nova”) in view of Jorgenson (US 2009/0054940 A1).
Regarding claims 1, 7, and 15, Nova discloses a support structure configured to be worn by a patient (par 0032, as in figure 2B); an energy storage module configured to store an electrical charge (par 0035); a discharge circuit configured to discharge the electrical charge through the patient while the support structure is worn by the patient (pars 0035); and wherein the WCD system is configured to output a human perceptible indicator to get help from a nearby bystander (par 0058, 0060).
Nova discloses the claimed invention (as outlined above), but does not explicitly disclose wherein the WCD system is configured to output a human perceptible indicator that communicates a request to a bystander (via a speaker) to place a mobile communication device proximate to the WCD system, wherein the request is for the mobile communication device to be placed onto the patient. Jorgenson is analogous art in regard to a resuscitation device that provides defibrillation and audible instruction during use (abstract, pars 0005-0006). Jorgenson discloses it was known in the art to provide a mobile communication device (par 0006) on the chest of a patient (pars 0005-0006), compatible with a patient that has an implanted device and a wearable defibrillator (par 0092), where the system prompts a user via a speaker (par 0005-0006; par 0028) to place the device on a patient’s chest (par 0028-0029, 0031-0032, 0042). Applied to the invention of Nova, the features of Jorgenson would provide means for the WCD system to output a human perceptible indicator that communicates a request to a bystander to place a mobile communication device proximate to the WCD system as known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the features of Jorgenson in the invention of Nova, since such a modification would provide the predictable results of treatment of a patient suffering from fibrillation that avoids damage of an IMD while still providing effective defibrillation therapy to the patient.
Regarding claims 2, 3, 16, and 17, Nova in view of Jorgenson discloses the claimed invention (see rejection of claim 1 above), but does not explicitly disclose the mobile communication device is associated with the patient or associated with the bystander. Jorgenson is analogous art in regard to a resuscitation device that provides defibrillation and audible instruction during use (abstract, pars 0005-0006). Jorgenson discloses it was known in the art to provide a mobile communication device (par 0006) on the chest of a patient (pars 0005-0006), compatible with a patient that has an implanted device and a wearable defibrillator (par 0092), where the system prompts a user via a speaker (par 0005-0006; par 0028) to place the device on a patient’s chest (par 0028-0029, 0031-0032, 0042). In this instance, Examiner interprets that the mobile communication device is both associated with the patient and the bystander, since the device is applied to the patient and the device is applied by a user/bystander. Applied to the invention of Nova in view of Jorgenson above, the further features of Jorgenson would provide the mobile communication device being associated with the patient and the bystander as known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the features of Jorgenson in the invention of Nova, since such a modification would provide the predictable results of treatment of a patient suffering from fibrillation that avoids damage of an IMD while still providing effective defibrillation therapy to the patient.
Regarding claim 5, Nova discloses that the medical device includes a speaker (par 0051), such that the invention of Nova in view of Jorgenson (see rejection of claim 1 above) would provide for the mobile communication device placed on the chest to be proximate to a speaker system as provided by Nova
Regarding claim 10 Nova in view of Jorgenson discloses the claimed invention (see rejection of claim 1 above), but does not explicitly disclose a memory configured to store one or more data files encoding patient data about the patient or a medical provider related to the patient or the WCD system, wherein the human perceptible indicator further communicates at least some of the patient data. Jorgenson is analogous art in regard to a resuscitation device that provides defibrillation and audible instruction during use (abstract, pars 0005-0006). Jorgenson discloses it was known in the art to provide additional alerts including stored information such as medications taken by the patient, allergies of the patient, physician name, physician phone number, patient's hospital, patient history, patient medical condition, patient blood type, or a do not resuscitate (DNR) order for the patient (pars 0041, 0068, 0075). Applied to the invention of Nova in view of Jorgenson above, the further features of Jorgenson would a memory configured to store one or more data files encoding data about at least one of the patient, a medical provided related to the patient, or the WCD system, wherein the human perceptible indicator further communicates at least a portion of the data as known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the features of Jorgenson in the invention of Nova, since such a modification would provide the predictable results of treatment of a patient suffering from fibrillation that avoids damage of an IMD while still providing effective defibrillation therapy to the patient.
Claims 11, 12, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Nova in view of Jorgenson, further in view of Freeman et al (US 2006/0270952 A1, hereinafter “Freeman”).
Regarding claim 11, Nova in view of Freeman discloses the claimed invention (see rejection of claim 1 above), but does not explicitly disclose a measurement circuit configured to render a physiological input from a patient physiological signal, wherein the human perceptible indicator further communicates the physiological input. Freeman is analogous art with regard to CPR-related technologies (abstract). Freeman further discloses use of memory to store patient-related data (pars 0075-0077) and monitoring features that use a speaker to communicate patient-related information such as an identified episode (par 0018, 0080-0082). Applied to the invention of Nova in view of Jorgenson above, the features of Freeman would provide a measurement circuit configured to render a physiological input from a patient physiological signal, wherein the human perceptible indicator further communicates the physiological input as known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the features of Freeman in the invention of Nova in view of Jorgenson, since such a modification would provide the predictable results of a resuscitation device that assists a rescuer in resuscitating a patient, promoting better outcomes with more successful rescues.
Regarding claim 12, Nova in view of Jorgenson discloses the claimed invention (see rejection of claim 1 above), but does not explicitly disclose a measurement circuit configured to render a physiological input from a patient physiological signal; and a processor configured to determine from the physiological input an ailment of the patient, wherein the human perceptible indicator further communicates the determined ailment. Freeman is continued analogous art with regard to CPR-related technologies (abstract). Freeman further discloses use of memory to store patient-related data (pars 0075-0077) and monitoring features that use a speaker to communicate patient-related information such as an identified episode (par 0018, 0080-0082). Applied to the invention of Nova in view of Jorgenson above, the features of Freeman would provide a measurement circuit configured to render a physiological input from a patient physiological signal; and a processor configured to determine from the physiological input an ailment of the patient, wherein the human perceptible indicator further communicates the determined ailment as known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the features of Freeman in the invention of Nova in view of Jorgenson, since such a modification would provide the predictable results of a resuscitation device that assists a rescuer in resuscitating a patient, promoting better outcomes with more successful rescues.
Regarding claim 18, Nova in view of Jorgenson discloses the claimed invention (see rejection of claim 15 above), but does not explicitly disclose a measurement circuit configured to render a physiological input from a patient physiological signal; and a processor configured to determine from the physiological input an ailment of the patient, wherein the human perceptible indicator further communicates the determined ailment. Freeman is analogous art with regard to CPR-related technologies (abstract). Freeman discloses use of memory to store patient-related data (pars 0075-0077) and monitoring features that use a speaker to communicate patient-related information such as an identified episode (par 0018, 0080-0082). Applied to the invention of Nova in view of Jorgenson above, the features of Freeman would provide a measurement circuit configured to render a physiological input from a patient physiological signal; and a processor configured to determine from the physiological input an ailment of the patient, wherein the human perceptible indicator further communicates the determined ailment as known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the features of Freeman in the invention of Nova in view of Jorgenson, since such a modification would provide the predictable results of a resuscitation device that assists a rescuer in resuscitating a patient, promoting better outcomes with more successful rescues.
Allowable Subject Matter
Claims 6, 8, 9, 13, 14, 19, 20, and 21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Saketkhou (US 2007/0270909 A1) discloses a defibrillator structure combined with a mobile phone (pars 0005, 0037-0039).
Donnelly et al (US 2008/0306562 A1) discloses a defibrillator structure including prompts to elicit responses from the user (pars 0039-0043).
Shavit et al (US 2009/0240297 A1) discloses a defibrillator structure integrated into a mobile device (abstract, par 0040, 0057, 0072-0075).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lindsey G Wehrheim whose telephone number is (571)270-5181. The examiner can normally be reached Monday - Friday 9 a.m. - 5 p.m. EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niketa Patel can be reached at (571) 272-4156. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Lindsey G Wehrheim
Primary Examiner
Art Unit 3799
/LINDSEY G WEHRHEIM/Primary Examiner, Art Unit 3799 10/2/2026
