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 .
This action is in response to amendment filed on 1/23/2026.
Claims 1 and 31 are cancelled.
Claim 32 is new
Claims 2, 14, 23, are amended.
Claims 2-30 and 32 are examined and rejected based on new grounds of rejection.
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) 2-9, 14-23, 29-30 and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hayes (US 20130283529 A1) in view of Kim (US 20150094111 A1).
Regarding Claim 2, Hayes discloses a method for controlling devices in a medical facility, the medical facility (see para 78, FIG. 5 illustrates an example of how, stretcher 20g determines its location using triangulation techniques) comprising a first medical device on a mobile cart in a medical room, a first wireless transceiver associated with the first medical device (see FIG. 5, stretcher 20g/support apparatus; also at para 89, transceivers positioned on support apparatus 20 is the first medical device with first transceiver), a second medical device, and a second wireless transceiver associated with the second medical device (see FIG. 5, Bed 20i; also see para 81 - the patient support apparatuses 20 are able to determine their location within a healthcare facility by way of a location system that utilizes a plurality of stationary modules 100 and stationary module transceivers 102., stationary module transceivers 102/i.e., on Bed 20i is the second wireless transceiver), the method comprising:
determining a location of the first medical device by triangulating a position of the first wireless transceiver using multiple other wireless transceivers (see FIG. 5, Bed 20j, Bed 20m etc.), including the second wireless transceiver (see FIG. 5, Bed 20i; see para 76, FIG. 5 illustrates one manner in which mesh network is used to determine the location of one or more patient support apparatuses. Specifically, stretchers 20g and 20h are shown in a corridor or hallway 92 within an arbitrary portion of a healthcare facility. Stretcher 20g includes a mesh network node 84g while stretcher 20h includes a mesh network node 84h. These nodes 84g and 84h are able to wirelessly communicate with other nodes 84 that are within a vicinity of these nodes. Nodes 84g and 84h (as well as, in some cases, the nodes 84 on beds 20i, 20j, 20k, 20l, 20m, and 20n) are adapted to determine their location by using triangulation techniques, with the other nodes 84 that are within communication range. Such triangulation techniques will enable the nodes to calculate their relative position to the other nodes that are within communication range; also see para 81),
wherein the first wireless transceiver directly communicates with the second wireless transceiver (see para 76, FIG. 5 illustrates one manner in which mesh network is used to determine the location of one or more patient support apparatuses. Specifically, stretchers 20g and 20h are shown in a corridor or hallway within an arbitrary portion of a healthcare facility. Stretcher 20g/first device, includes a mesh network node 84g while stretcher 20h includes a mesh network node 84h. These nodes 84g and 84h are able to wirelessly communicate with other nodes 84 that are within a vicinity of these nodes; also see FIG. 10, para 106 for details regarding direct communication between wireless transceiver devices, patient support apparatus 20c receives information from medical devices D1 and D2, which it then relays onto patient support apparatus 20a via direct communication between nodes 84c and 84a.).
Hayes does not disclose details regarding: the first medical device is configured to perform at least one function associated with a medical procedure, and controlling the at least one function of the first medical device based on a determination that the first medical device and the second medical device are located in the same medical room.
In the same field of endeavor, Kim teaches: see FIGs. 1-2, paras 25-29, Establishment of geo-locations may be based on relative signal strength, triangulation among devices, radio frequency identification (RFID), Bluetooth.TM., or any other functionality to position different devices in three-dimensional (3D) space (such as a longitude, a latitude and a height above sea level)… in the example of FIG. 1, the discovered relative location of the medical devices may be used in connection with the second predetermined criteria to relatively locate those medical devices that are likely to be physically located in the same examination room. As a result of establishment of the relative location of different medical devices, those medical devices included in the temporary work group can be location and neighbor aware… a predetermined list of working devices may be used to determine/confirm that a device includes functionality that is desired to be associated with the temporary work group. For example, in the case of a medical procedure such as a cardiac operation, a list of medical devices may be pre-identified as being needed for such a procedure. Accordingly, those working devices that are included in the list may be associated with the temporary work group. In another example, the network device may determine the functionality of a particular medical device by confirming that the particular medical device is identified in the list, such as by a unique ID, as being needed for the medical procedure… in an example of cooperatively operating medical devices, a medical device providing pain or anesthesia medication to a patient involved in a surgery may use an echo cardiogram (EKG) provided by another medical device to adjust the level of pain medication or anesthesia medication being administered to the patient in response to changes in an EKG reading i.e., representing controlling the function of a medical device.
It would have been obvious, to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system of Hayes, to include devices (transceivers) within the room in a temporary group that assist in medical procedure as taught by Kim, to minimize latency and improve robustness of wireline and/or wireless communication between the devices in the temporary work group by allocating a bandwidth and one or more access points, exclusively to the devices in the temporary work group (see Kim, para 8).
Regarding Claims 3, 15, Hayes discloses: determining the location of the first medical device comprises determining whether the first medical device has moved within or outside of the medical room (see para 86, if stretcher 20g in FIG. 5 determines its location using its node 84g and one of the triangulation and/or trilateration techniques, node 84g is configured to respond to signals from node 84h of stretcher 20h that are being sent by node 84h to determine the location of stretcher 20h. In other words, node 84h of stretcher 20h is thereafter able to measure its angular relationship and/or its distance to stretcher 20g when determining its location. Thus, once a patient support apparatus 20 uses its node 84 to determine its location, it serves as a source of location information for other patient support apparatuses 20. In this way, it is possible to extend location determination abilities farther and farther away from modules 100. Or, stated alternatively, the node triangulation/trilateration position determining system described herein augments any existing location system, and may be cascaded upon itself so that patient support apparatuses that can only communicate via nodes 84 with other patient support apparatus 20 that themselves are outside the range of modules 100 can still determine their location).
Regarding Claims 4, 16, Hayes discloses: determining the location of the first medical device is based on wireless linking information received at the first wireless transceiver associated with the first medical device (see para 76, FIG. 5 illustrates one manner in which mesh network 86 is used to determine the location of one or more patient support apparatuses. Specifically, stretchers 20g and 20h are shown in a corridor or hallway 92 within an arbitrary portion of a healthcare facility 98. Stretcher 20g includes a mesh network node 84g while stretcher 20h includes a mesh network node 84h. These nodes 84g and 84h are able to wirelessly communicate with other nodes 84 that are within a vicinity of these nodes).
Regarding Claims 5, 17, Hayes discloses: determining the location of the first medical device comprises determining the medical room that the first medical device is located in (see para 79, the determination of the location of a patient support apparatus 20 (such as stretcher 20g in FIG. 5) within a given facility 98 may be, a determination of an approximate location. For example, the algorithms used to determine location may specify the location of the patient support apparatus merely to the level of a room or a portion of a room, or a corridor or hallway, or a section of a corridor or hallway, or some other generalized area. However, finer levels of position granularity are determined).
Regarding Claims 6, 18, Hayes discloses: the second wireless transceiver is in a fixed position in the medical room (see (see FIG. 5, para 81, the patient support apparatuses 20 are able to determine their location within a healthcare facility 98 by way of a location system that utilizes a plurality of stationary modules 100 and stationary module transceivers 102/i.e., Bed 20i; also, see para 81, stationary module transceivers 102/i.e., on Bed 20i is the second wireless transceiver). The stationary modules 100 are positioned on walls, ceilings, or in other fixed locations whose absolute positions within the healthcare facility 98 are known. The module transceivers 102 are incorporated into some or all of the patient support apparatuses 20).
Regarding Claims 7, 19, Hayes discloses: the second wireless transceiver is mounted to a room wall, ceiling, or a stationary structure of the medical room (see para 81, The stationary modules 100 are positioned on walls, ceilings, or in other fixed locations whose absolute positions within the healthcare facility 98 are known. The module transceivers 102 are incorporated into some or all of the patient support apparatuses 20).
Regarding Claims 8, 20, Hayes discloses: the first wireless transceiver is on the mobile cart with the first medical device (see para 87, the mobile patient support apparatuses 20/i.e., stretcher 20g).
Regarding Claim 9, Hayes discloses the method of claim 2, and discloses a gateway associated with the first wireless transceiver and the first medical device is positioned on the mobile cart with the first medical device (Examiners Note: Using BRI consistent with the specification para 32, the limitation “gateway” has been interpreted to mean network interface (WiFi access point to the network). Based on this interpretation, see FIG. 10. Para 60, the transceivers configured to communicate with one or more wireless access points 68 of a healthcare communications network; also see FIG. 4, hospital WiFi access point 68 acting as a gateway to connect to the hospital network).
Regarding Claim 14, Hayes discloses a system (see para 78, FIG. 5 illustrates an example to determine location of a medical device using triangulation techniques), comprising:
a first medical device on a mobile cart in a medical room of a medical facility: a first wireless transceiver associated with the first medical device (see FIG. 5, stretcher 20g/support apparatus; also at para 89, transceivers positioned on support apparatus 20 is the first medical device with first transceiver), and a second wireless transceiver associated with a second medical device (see FIG. 5, Bed 20i; also see para 81 - the patient support apparatuses 20 are able to determine their location within a healthcare facility by way of a location system that utilizes a plurality of stationary modules 100 and stationary module transceivers 102., stationary module transceivers 102/i.e., on Bed 20i is the second wireless transceiver),
wherein the first wireless transceiver directly communicates with the second wireless transceiver (see para 76, FIG. 5 illustrates one manner in which mesh network 86 is used to determine the location of one or more patient support apparatuses. Specifically, stretchers 20g and 20h are shown in a corridor or hallway 92 within an arbitrary portion of a healthcare facility 98. Stretcher 20g includes a mesh network node 84g while stretcher 20h includes a mesh network node 84h. These nodes 84g and 84h are able to wirelessly communicate with other nodes 84 that are within a vicinity of these nodes; also see FIG. 10, para 106 for details regarding direct communication between wireless transceiver devices, patient support apparatus 20c receives information from medical devices D1 and D2, which it then relays onto patient support apparatus 20a via direct communication between nodes 84c and 84a), and
wherein the computing system is configured to determine a location of the first medical device by triangulating a position of the first wireless transceiver using multiple other wireless transceivers (see FIG. 5, Bed 20j, Bed 20m etc.), including the second wireless transceiver (see FIG. 5, Bed 20i; see para 76, FIG. 5 illustrates one manner in which mesh network is used to determine the location of one or more patient support apparatuses. Specifically, stretchers 20g and 20h are shown in a corridor or hallway 92 within an arbitrary portion of a healthcare facility. Stretcher 20g includes a mesh network node 84g while stretcher 20h includes a mesh network node 84h. These nodes 84g and 84h are able to wirelessly communicate with other nodes 84 that are within a vicinity of these nodes. Nodes 84g and 84h (as well as, in some cases, the nodes 84 on beds 20i, 20j, 20k, 20l, 20m, and 20n) are adapted to determine their location by using triangulation techniques, with the other nodes 84 that are within communication range. Such triangulation techniques will enable the nodes to calculate their relative position to the other nodes that are within communication range; also see para 81).
Hayes does not disclose details regarding: the first medical device is configured to perform at least one function associated with a medical procedure, and to control the at least one function of the first medical device based on a determination that the first medical device and the second medical device are located in the same medical room.
In the same field of endeavor, Kim teaches: see FIGs. 1-2, paras 25-29, Establishment of geo-locations may be based on relative signal strength, triangulation among devices, radio frequency identification (RFID), Bluetooth.TM., or any other functionality to position different devices in three-dimensional (3D) space (such as a longitude, a latitude and a height above sea level)… in the example of FIG. 1, the discovered relative location of the medical devices may be used in connection with the second predetermined criteria to relatively locate those medical devices that are likely to be physically located in the same examination room. As a result of establishment of the relative location of different medical devices, those medical devices included in the temporary work group can be location and neighbor aware… a predetermined list of working devices may be used to determine/confirm that a device includes functionality that is desired to be associated with the temporary work group. For example, in the case of a medical procedure such as a cardiac operation, a list of medical devices may be pre-identified as being needed for such a procedure. Accordingly, those working devices that are included in the list may be associated with the temporary work group. In another example, the network device may determine the functionality of a particular medical device by confirming that the particular medical device is identified in the list, such as by a unique ID, as being needed for the medical procedure… in an example of cooperatively operating medical devices, a medical device providing pain or anesthesia medication to a patient involved in a surgery may use an echo cardiogram (EKG) provided by another medical device to adjust the level of pain medication or anesthesia medication being administered to the patient in response to changes in an EKG reading.
It would have been obvious, to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system of Hayes, to include devices (transceivers) within the room in a temporary group that assist in medical procedure as taught by Kim, to minimize latency and improve robustness of wireline and/or wireless communication between the devices in the temporary work group by allocating a bandwidth and one or more access points, exclusively to the devices in the temporary work group (see Kim, para 8).
Regarding Claim 21, Hayes discloses the system of claim 14, comprising the second medical device and wherein the second medical device is located in the medical room with the first medical device (see para 100, FIG. 7. a patient is shown positioned on a bed 20r having associated therewith two medical devices 110a and 110b. Medical devices 110a and 110b are configured to communicate with node 84r of bed 20r).
Regarding Claim 22, Hayes discloses the system of claim 14, wherein the computing system is a central computing system of the medical facility that is configured to determine the location of the first medical device (see para 106, FIG. 10 illustrates an arbitrary portion of a healthcare facility in which multiple patient support apparatuses 20 are shown. These include the use of nodes 84 for determining location, for creating a mesh network, for transferring patient information, and for relaying medical device information; also see FIG. 5 is a plan view diagram of an arbitrary portion of floor plan of a healthcare facility that illustrates how some patient support apparatus may determine their location using triangulation techniques of signals received from other patient support apparatuses).
Regarding Claim 23, Hayes discloses the system of claim 22, wherein the central computing system is configured to configure the first medical device for the medical procedure based on the location of the first medical device (see FIG. 7, para 55, first transceiver 64 (FIG. 2) is configured to communicate with one or more medical devices 110 (see, e.g. FIG. 7 or 10). Such medical devices include any medical devices that are usable in a healthcare setting in a patient's room, or otherwise within a nearby vicinity of a patient positioned on a patient support apparatus 20. A non-exhaustive list of such potential medical devices includes ventilators, vital signs monitors, respirators, infusion pumps, IV pumps, temperature sensors, and/or blood oxygen saturation monitors. When communicating with these medical devices, first transceiver 64 and its associated controller 58--which together form one mesh network node 84--become part of a mesh network that includes other nodes 84. In such cases, node 84 of support apparatus 20 is able to relay information received from the medical devices 110 onto a healthcare communication network 70. This relay is able to take place via different routes).
Regarding Claim 29, Hayes discloses the method of claim 2, wherein the second wireless transceiver is located on a different mobile cart along with the second medical device (see para 41, Patient support apparatus 20 may be a cot, a stretcher, a bed, a recliner, an operating table, or any other type of structure used to support a patient in a healthcare setting. In general, patient support apparatus 20 includes a base having a plurality of wheels… also see FIG. 3. Para 61, a mesh network created by a plurality of patient support apparatuses and their respective mesh network nodes 84. In the example shown, the mesh network 86 includes four patient support apparatuses 20 that are beds (20a, 20b, 20c, and 20d), one patient support apparatus 20 that is a stretcher (20e), and one patient support apparatus 20 that is a cot (20f). Each patient support apparatus 20 includes a mesh network node 84 that comprises first transceiver 64 and first transceiver controller 58).
Regarding Claim 30, Hayes discloses the system of claim 14, wherein the second wireless transceiver is located on a different mobile cart along with the second medical device (see para 41, Patient support apparatus 20 may be a cot, a stretcher, a bed, a recliner, an operating table, or any other type of structure used to support a patient in a healthcare setting. In general, patient support apparatus 20 includes a base having a plurality of wheels… also see FIG. 3. Para 61, a mesh network created by a plurality of patient support apparatuses and their respective mesh network nodes 84. In the example shown, the mesh network 86 includes four patient support apparatuses 20 that are beds (20a, 20b, 20c, and 20d), one patient support apparatus 20 that is a stretcher (20e), and one patient support apparatus 20 that is a cot (20f). Each patient support apparatus 20 includes a mesh network node 84 that comprises first transceiver 64 and first transceiver controller 58).
Regarding Claim 32, Hayes discloses the method of claim 2, wherein a computing system communicatively connected to the first and second wireless transceivers
Hayes does not disclose details regarding: the medical devices configured to control the at least one function of the first medical device based on a determination that the first medical device and the second medical device are located in the same medical room.
In the same field of endeavor, Kim teaches: see FIGs. 1-2, paras 25-29, cooperatively operating medical devices, a medical device providing pain or anesthesia medication to a patient involved in a surgery may use an echo cardiogram (EKG) provided by another medical device to adjust the level of pain medication or anesthesia medication being administered to the patient in response to changes in an EKG reading/i.e., representing controlling the function of a medical device.
It would have been obvious, to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system of Hayes, to include devices (transceivers) within the room in a temporary group that assist in medical procedure as taught by Kim, to minimize latency and improve robustness of wireline and/or wireless communication between the devices in the temporary work group by allocating a bandwidth and one or more access points, exclusively to the devices in the temporary work group (see Kim, para 8).
Claim(s) 10-13, 24-28, 31 are rejected under 35 U.S.C. 103 as being unpatentable over Hayes in view of Perkins (CA 2848092 A1).
Regarding Claims 10, 24, Hayes discloses determining the location of the medical device/stretcher.
Hayes does not disclose details regarding: transmitting, by the first wireless transceiver, a wireless linking information query to the second wireless transceiver to establish a network for controlling at least the first medical device.
In the same filed on endeavor, Perkins discloses this limitation: see para 44, a health care provider initiates the linking process at either the bed or the wall unit … the bed unit transmits a message packet with a Link Request Broadcast Code (LRBC) within the field 124 corresponding to bytes 5 through 8 of the message frame 118… when the bed and wall units are linked, the message field 124 includes a destination address of the bed or wall unit, depending on the originating unit, that is the address of the intended recipient of the message frame 118. During the setup of the communications link 22, the bed and wall units exchange their unique addresses, which correspond to device serial numbers. Similarly, the message field 126 (bytes 9-12) contains the source address, or serial number, of the transmitting device.
It would have been obvious, to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system of Hayes, so that a network is established based on wireless linking query/information as taught by Perkins, to enable a linking procedure that aids the establishment of a communications link between the transceivers and prevents unintended cross linking of the paired units to other nearby bed and wall units (see Perkins, para 5).
Regarding Claims 11, 25, Hayes does not disclose details regarding: broadcasting, by the second wireless transceiver, wireless linking information to the first wireless transceiver in response to the wireless linking information query to establish the network for controlling at least the first medical device.
In the same filed on endeavor, Perkins discloses this limitation: see para 44, a health care provider initiates the linking process … the bed unit transmits a message packet with a Link Request Broadcast Code (LRBC) within the field 124 corresponding to bytes 5 through 8 of the message frame 118… when the bed and wall units 14, 16 are linked, the message field 124 includes a destination address of the bed or wall unit, depending on the originating unit, that is the address of the intended recipient of the message frame 118. During the setup of the communications link 22, the bed and wall units exchange their unique addresses, which correspond to device serial numbers. Similarly, the message field 126 (bytes 9-12) contains the source address, or serial number, of the transmitting device/i.e., to establish network.
It would have been obvious, to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system of Hayes, so that a network is established based on wireless linking query/information as taught by Perkins, to enable a linking procedure that aids the establishment of a communications link between the bed and wall units and prevents unintended cross linking of the paired units to other nearby bed and wall units (see Perkins, para 5).
Regarding Claims 12, 26, Hayes does not disclose details regarding: the wireless linking information is not broadcast outside of the medical room.
In the same filed on endeavor, Perkins discloses this limitation: see para 45, To keep track of the message exchange and to identify the communicating devices, the message frame 118 includes a message sequence number counter 128 and a device type field 130 (bytes 13, 14). The message sequence number counter 128 keeps track of the message session number for the corresponding device within the communications link 22/i.e., representing the wireless linking information (message session number) is within the communications link, and not broadcast outside those session numbers. When the communications link 22 is established between a bed/wall unit pair, the device type field 130 identifies each communicating device as a bed or wall unit, respectively. The device type field 130 also identifies additional device types when the communications link 22 includes other devices, such as a wall-mounted emergency push button station and/or a pull cord station for generating a nurse call signal.
It would have been obvious, to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system of Hayes, so that the wireless linking information is not broadcast outside of the medical room as taught by Perkins, to keep track of the message exchange and to identify the communicating devices (see Perkins, para 45).
Regarding Claims 13, 27, Hayes does not disclose details regarding: establishing the network comprises passing the wireless linking information to a gateway associated with the first wireless transceiver and the first medical device.
Examiners Note: Using BRI consistent with the specification, this limitation has been interpreted to mean “exchanging unique addresses to form a network”.
Based on this interpretation, Perkins discloses: see para 49, after exchanging their unique addresses included in the initial link request broadcast code and acknowledgement messages 142, 144, the bed and wall units 14, 16 wait for another predetermined duration 146 in Figure 9 to receive link requests or acknowledgements from other nearby units, in the other room in Figure 1, in order to ensure that cross linking of two pairs of units has not occurred.
It would have been obvious, to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system of Hayes, so that the wireless linking information is not broadcast outside of the medical room using unique addresses in the broadcast code as taught by Perkins, to keep track of the message exchange and to identify the communicating devices (see Perkins, para 45).
Regarding Claim 28, Hayes discloses the system of claim 27, wherein the gateway is positioned on the mobile cart with the first medical device (Examiners Note: Using BRI consistent with the specification, this limitation has been interpreted to mean: the gateway/WiFi is at an accessible distance from the medical device. Based on this interpretation, see para 87, The node triangulation/trilateration position determining system described herein may also be used with a position determining system that is based upon WIFI signals and the known location of the corresponding routers, access points, and/or other stationary structures that communicate those WIFI to and from the mobile patient support apparatuses 20. For example, if a patient support apparatus 20 is communicating with a specific access point 68 via second transceiver 66, that patient support apparatus 20 may be configured to determine its general location as being within a general range of the access point 68. This general range is then further refined by way of the triangulation/trilateration techniques).
Response to Arguments
Applicant’s arguments with respect to claim(s) 2-9, 14-23, 29 and 30 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEEPA BELUR whose telephone number is (571)270-3722. The examiner can normally be reached M-F 8 am - 4:30 pm.
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/DEEPA BELUR/Primary Examiner, Art Unit 2472