DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after 16 March 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 29 January 2026 has been entered.
Status of Claims
Claim(s) 21, 30, 32, 34, 36, 38 and 40 is/are currently amended. Claim(s) 1-20, 24, 29, 31, 33, 35, 37 and 39 has/have been canceled. Claim(s) 21-23, 25-28, 30, 32, 34, 36, 38 and 40 is/are pending.
Rejections Withdrawn
Rejections under 35 U.S.C. 112(a) (pre-AIA 35 U.S.C. 112, first paragraph), under 35 U.S.C. 112(b) (pre-AIA 35 U.S.C. 112, second paragraph), and/or under 35 U.S.C. 103 not reproduced below has/have been withdrawn in view of Applicant's amendments to the claims and/or submitted remarks.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of pre-AIA 35 U.S.C. 112, second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 21-23, 25-28, 30, 32, 34, 36, 38 and 40 is/are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding claim 21 and claims dependent thereon, limitations "c" and "d" are indefinite. It is unclear how, if at all, the assigned "risk level N" relates to the "level-0 risk," "level-1 risk," "level-2 risk," etc., particularly as there is no indication in the claim that assigning a risk level N requires assigning a numbered risk level (i.e., there is no indication that N is a numerical value that is assigned based on the delta value and first evaluation). For the purpose of this Office action, claim 21 will be further discussed with the understanding that N is an integer between 0 and 8 that is assigned based on the delta value and first evaluation, consistent with, e.g., Tables 1-2 and the "level-0," "level-1," "level-2," etc. risk levels subsequently recited in claim 21. For example, within the scope of: "assigning a risk level N to said subject based on said delta value and said first evaluation, wherein N is an integer between 0 and 8; d) administering an intervention level corresponding to said risk level N and performing SEM scans at a predetermined level-N frequency corresponding to said risk level N, wherein a level-0 risk corresponds to a level-0 intervention and a level-0 frequency of at least every 24 hours…."
Allowable Subject Matter
Claim 21, and claims dependent thereon, would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, set forth in this Office action.
The prior art of record fails to disclose and/or suggest a method of identifying a risk of developing pressure ulcers in a subject and administering an intervention to said subject, the method comprising, inter alia, assigning a risk level N to said subject based on said delta value and said first evaluation, wherein N is an integer between 0 and 8; and administering an intervention level corresponding to said risk level N and performing SEM scans at a predetermined level-N frequency corresponding to said risk level N, wherein a level-0 risk corresponds to a level-0 intervention and a level-0 frequency of at least every 24 hours, a level-1 risk corresponds to a level-1 intervention and a level-1 frequency of at 1 east every 10 hours, a level-2 risk corresponds to a level-2 intervention and a level-2 frequency of at least at the beginning of each nursing shift, a level-3 risk corresponds to a level-3 intervention and a level-3 frequency of at least every 12 hours, a level-4 risk corresponds to a level-4 intervention and a level-4 frequency of at least every 8 hours, a level-5 risk corresponds to a level-5 intervention and a level-5 frequency of at least every 6 hours, a level-6 risk corresponds to a level-6 intervention and a level-6 frequency of at least every 4 hours, a level-7 risk corresponds to a level-7 intervention and a level-7 frequency of at least every 2 hours, and a level-8 risk corresponds to a level-8 intervention and a level-8 frequency of at least every 1 hour.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure: see attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Meredith Weare whose telephone number is 571-270-3957. The examiner can normally be reached Monday - Friday, 9 AM - 5 PM.
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/Meredith Weare/Primary Examiner, Art Unit 3791