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 .
Election/Restrictions
Claims 26-31, 36, 41-44 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected specie(s), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on February 4, 2026.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 25, 32-35, 37-40, 45-47, specifically independent claim 25, are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 9,474,446. Although the claims at issue are not identical, they are not patentably distinct from each other because Although the claims at issue are not identical, they are not patentably distinct from each other because of the following rationale:
Claim 25: U.S. 18/517,666
Claim 1: U.S. Pat. 9,474,446
A defibrillating system for providing defibrillation treatment to a patient…
A system comprising…
…a first computing device located…at least one processor and memory storing instructions…
…a defibrillating device comprising a processor and the memory configured to:
…the at least one processor to perform operations comprising: obtaining an ECG signal…determining whether the ECG is indicative of shockable rhythm;
causing a defibrillation treatment to be delivered…
obtaining first data indicative of the defibrillation treatment…
obtaining second data representing a portion of the ECG signal…
…receive…at least one (i) information indicative of the treatment of the victim by a first caregiver using the defibrillating device (ii) information indicative of a health status of the victim;
determine…that the treatment of the victim by the first caregiver using the defibrillating device is completed;
…causing the first computing device to transmit to the second computing device…the first data or the second data.
…and transmit the received information to a computing device.
As depicted above, the limitation of claim 25 of the present invention differ from claim 1 of U.S. Pat. No. ‘446 in that the system is directed towards determining whether the ECG is indicative of shockable rhythm and obtaining/transmitting first data indicative of the defibrillation treatment, which represents an obvious species of the generic system of U.S. Pat. ‘446, the generic claims are directed to information indicative of the treatment of the victim by a first caregiver using the defibrillating device and transmit the received information to a computing device.
Claim 25: U.S. 18/517,666
Claim 1: U.S. Pat. 9,795,800
A defibrillating system for providing defibrillation treatment to a patient…
A defibrillating system comprising…
…a first computing device located…at least one processor and memory storing instructions…
…a processor coupled to a memory…
…the at least one processor to perform operations comprising: obtaining an ECG signal…determining whether the ECG is indicative of shockable rhythm;
causing a defibrillation treatment to be delivered…
obtaining first data indicative of the defibrillation treatment…
obtaining second data representing a portion of the ECG signal…
…configured to perform operations comprising;
Analyzing a portion of the ECG signal…to determine whether to deliver shock therapy…
…in response determine whether to deliver shock therapy…
…associating the analyzed portion of the ECG data…
…determining that a treatment of the patient by a first caregiver…
…causing the first computing device to transmit to the second computing device…the first data or the second data.
…storing...the treatment event data in a profile associated with the patient…
As depicted above, the limitation of claim 25 of the present invention differs from claim 1 of U.S. Pat. No. ‘800 in that the system is directed towards causing a defibrillation treatment to be delivered, which represents an obvious species of the generic system of U.S. Pat. ‘800, i.e. the generic claims are directed to determine that a treatment of the patient by a first caregiver and storing the treatment event data in a profile associated with the patient.
Claim 25: U.S. 18/517,666
Claim 1: U.S. Pat. 11,864,859
A defibrillating system for providing defibrillation treatment to a patient…
A defibrillating system…comprising…electrode pads; a first computing device…configured to transmit data…a second computing device
…a first computing device located…at least one processor and memory storing instructions…
…at least one processor…and a memory storing instructions…to perform operations comprising…
…the at least one processor to perform operations comprising: obtaining an ECG signal…determining whether the ECG is indicative of shockable rhythm;
causing a defibrillation treatment to be delivered…
obtaining first data indicative of the defibrillation treatment…
obtaining second data representing a portion of the ECG signal…
…receiving cardiac data indicative of a cardiac rhythm in a patient…
…determining…whether the ECG signal is indicative of a shockable rhythm or a non-shockable rhythm;
…identifying a portion of the ECG signal that is associated with a defibrillation treatment…
…causing the defibrillation treatment to be delivered…
…receiving chest compression data, and health status data of the patient…
…causing the first computing device to transmit to the second computing device…the first data or the second data.
…causing the first computing device …to transmit to the second computing device…treatment data…
As depicted above, the limitation of claim 25 of the present invention differs from claim 1 of U.S. Pat. No. ‘800 in that the system of ‘800 is directed towards receiving chest compression data, and health status data of the patient, which represents an obvious species of the generic system of U.S. application 18/517666.
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) 25, 32-35, 37-40 & 45-47 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Packer et al. (US 2012/0123224).
Packer et al. discloses;
25.
A defibrillating system (e.g., 100; Fig 1) for providing defibrillation treatment to a patient (e.g., 102) at a rescue scene (e.g., scene of a traffic accident, [0025]), the defibrillating system comprising:
a first computing device (e.g., portable defibrillator 112; [0027]) located at the rescue scene and configured to transmit data to a second computing device (e.g., the tablet 116; Fig 1) located at the rescue scene (e.g., via the disclosed defibrillator communicating through a wireless data connection with the tablet, [0030]);
at least one processor (e.g., computing device 400) and memory (e.g., storage device 506) storing instructions that, when executed by the at least one processor, cause the at least one processor to perform operations [0089]
comprising: obtaining an electrocardiogram (ECG) signal of a patient via the first computing
device (e.g., step 414 via the defibrillation pads including ECG electrodes, [0074], [0083]);
determining whether the ECG signal is indicative of a shockable rhythm [0050].
causing a defibrillation treatment to be delivered to the patient via electrode pads (e.g., via the defibrillator may ‘begin’ performing for delivering care to the patient, [0083]);
obtaining first data indicative of the defibrillation treatment delivered to the patient (e.g., step 422, capturing (CPR) data, [0083]);
obtaining second data representing a portion of the ECG signal associated with the
defibrillation treatment (e.g., step 414, via the ECG electrodes for sensing cardiac activity of the patient, which provides ECG data, such as an ECG trace [0070], [0074] & [0083]);
and causing the first computing device to transmit to the second computing device, either
during treatment of the patient or when treatment of the patient is completed, at least one of: the first
data or the second data (e.g., step 424, via the disclosed defibrillator generating and transmitting a report regarding the data that is captured to the tablet and/or another computing device [0083]-[0084]).
32.
The defibrillating system of claim 25, wherein the patient treatment characteristic data comprises at least one of: chest compression data [0083], a depth of chest compressions, a rate of chest compressions, a duration of chest compressions, a duration of ventilations, or an indication of a continuity of chest compressions.
33.
The defibrillating system of claim 25, wherein the patient treatment characteristic data comprises at least one of patient airway status, rescue breathing data, or blood flow data (e.g., via the information about the performance of the rescuer including blood pressure and/or blood oxygen levels, [0047] & [0059]).
34.
The defibrillating system of claim 25, wherein the health status data comprises at least one of: a vital sign of the patient, a pulse of the patient, blood pressure of the patient, respiration rate of the patient, a SpO2 level of the patient, CO2 data of the patient, information associated with the patient's cardiac rhythm, or an ECG trace of the patient (e.g.,[0047]).
35.
The defibrillating system of claim 34, wherein the ECG trace of the patient includes the identified portion of the ECG signal (e.g., [0070]).
37.
The defibrillating system of claim 25, wherein the identified portion of the ECG signal is of a predetermined length of time having a start time and an end time based on a time associated with the defibrillation treatment (e.g., step 422; [0083]).
38.
The defibrillating system of claim 25, the operations further comprising: associating each of a plurality of portions of an ECG signal with a corresponding treatment event (e.g., [0050]-[0053]).
39.
The defibrillating system of claim 38, the operations further comprising: identifying a plurality of treatment events associated with the defibrillation treatment of the patient (e.g., via the disclosed parameters regarding the care, wherein said parameters may be stored for each cardiac or CPR interval, [0052] & [0086]);
and transmitting, to the second computing device located at the rescue scene, data comprising a
representation of a particular portion of the ECG signal associated with a particular one of the
plurality of treatment events (e.g., [0050]-[0053]).
40.
The defibrillating system of claim 39, further comprising a display interface configured for:
displaying identifiers of at least two of the plurality of treatment events;
receiving a user selection of one of the plurality of treatment events that are displayed; and
displaying a representation of a particular portion of the ECG signal associated with the corresponding treatment event that is selected (e.g., [0050]-[0053]).
45.
The defibrillating system of claim 25, the operations further comprising: configuring the at least one of the patient treatment characteristic data and the health status data for first computing using a secure communications protocol; and transmitting, by the first computing device, the at least one of the patient treatment characteristic data and the health status data using the secure communications protocol (‘224; [0083]-[0084]).
46.
The defibrillating system of claim 25, wherein one or more of the electrode pads, the first computing device, the at least one processor, and the memory form at least a portion of an automated external defibrillator (‘224; Fig 1)
47.
The defibrillating system of claim 25, wherein the portion of the ECG signal is associated with cardiac pathology data indicative of a cardiac pathology represented by the ECG signal, the cardiac pathology comprising one or more of pulseless electrical activity (PEA), ST-elevation myocardial infarction (STEMI), ventricular arrhythmia, atrial arrhythmia, and preeclampsia, and wherein a display interface is configured to present the cardiac pathology data in association with the ECG signal [0049].
The examiner notes that it is inherently understood that the disclosed victim appearing to suffer from sudden cardiac arrest or a similar problem incorporates at least one of the claimed cardiac pathologies [0049].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE F JOHNSON whose telephone number is (571)270-5040. The examiner can normally be reached Monday-Friday 8:00am-5:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Hamaoui can be reached at 571-270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICOLE F JOHNSON/Primary Examiner, Art Unit 3796
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