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 .
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) 1-4, 6-19, and 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Syed (US 2016/0180045) in view of Nguyen et al. (US 2017/0091406).
Referring to Claim 1, Syed teaches a system comprising:
a first peripheral device (see device 110 in fig. 1);
a second peripheral device (see wireless beacon 122 in fig. 1);
a medical treatment machine (see paragraph 36 which shows the hospital server 130 features included in hospital devices 124 and where the hospital devices’ ability to display treatment information as a computer device makes the hospital devices a medical treatment machine); and
an antenna configured to receive a wireless identifier related to the second peripheral device via a short-range wireless technology protocol (see paragraph 11 which shows a wireless beacon transmitting identifier information to another device by BLE),
wherein the first peripheral device and the medical treatment machine are configured to communicate with each other via a communication protocol that is different from the short range wireless technology protocol (see fig. 1 which shows devices 110 able to communicate with hospital devices 124 and/or the hospital server 130 by way of network 150 which is different than short range), and wherein the second peripheral device and the first peripheral device are configured to communicate with each other over a connection established using the wireless identifier (see paragraph 12 which shows the device and wireless beacon establishing a connection after the identifier has been verified), and
wherein the first peripheral device is granted permission to perform one or more of: (i) monitor one or more treatment parameters of a treatment of a patient using the communication protocol (see paragraphs 51 and 52 where after the connection is established between device and wireless beacon, the device monitors the location of a particular user or item by connecting to another wireless beacon when a user or item leaves a particular room or area and where the location of the user or item is the treatment parameter) or (ii) control functions or treatment parameters of the medical treatment machine using the communication protocol (see paragraphs 20 where after the connection is established between device and wireless beacon, the device attaches to a particular hospital device such as surgical or medical equipment which then implies that the device controls the functions of the hospital device in some shape or form).
Kim does not teach the medical treatment machine as a dialysis machine, and the second peripheral device is a dialysis related device configured to communicate a dialysis-related parameter to the first peripheral device through the connection. Nguyen teaches the medical treatment machine as a dialysis machine, and the second peripheral device is a dialysis related device configured to communicate a dialysis-related parameter to the first peripheral device through the connection (see paragraph 154 which shows how a dialysis machine 216, a patient interface/first peripheral 208, and other medical devices/second peripheral 214 communicate with each other using multiple communication protocols including short range (Bluetooth, NFC) and other protocols);
wherein the first peripheral device is granted permission (see paragraph 187 which shows authentication required to be granted permission to use the patient interface) to perform one or more of: (i) monitor one or more treatment parameters of a treatment of a patient using the communication protocol (see paragraph 146 which shows the patient device monitoring the patient throughout the treatment process) or (ii) control functions or treatment parameters of the medical treatment machine using the communication protocol (see paragraph 149 which shows the patient inputting data which controls what information is sent to the patient).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to provide the teachings of Nguyen to the device of Syed in order to better enable optimum treatments of patients in multiple environments.
Referring to Claim 2, Nguyen also teaches the second peripheral device as a medical device configured to measure a health factor of the patient, and communicate the health factor to the first peripheral device through the connection (see paragraph 154 which shows a blood pressure monitor communicating with a patient interface).
Referring to Claim 3, Nguyen also teaches the second peripheral device configured to measure the health factor while the patient undergoes the treatment (see paragraphs 146 and 149 which shows data provided to the patient interface from medical devices during treatment).
Referring to Claim 4, Nguyen also teaches the health factor including at least one of blood pressure, temperature, or heart rate of the patient (see paragraph 154 which shows a blood pressure monitor).
Referring to Claim 6, Nguyen also teaches the second peripheral device having a container having a sensor that monitors a characteristic of content of the container, and where the dialysis-related parameter includes the characteristic of the content of the container (see paragraph 121 which shows sensors showing dialysate usage and information regarding removed fluids, both of which require a container of some sort to measure).
Referring to Claim 7, Nguyen also teaches the content of the container including a dialysis-related treatment solution (see paragraph 121 which shows sensors showing dialysate usage where dialysate is the treatment solution).
Referring to Claim 8, Nguyen also teaches the second peripheral device communicating the dialysis-related parameter to the first peripheral device while the patient undergoes a dialysis treatment (see paragraphs 146 and 149 which shows data provided to the patient interface from medical devices during treatment and paragraph 121 which shows data including dialysis-related parameters).
Referring to Claim 9, Nguyen also teaches the second peripheral device is one or more of a blood pressure cuff, a thermometer, a stethoscope, or a saline container (see paragraph 154 which shows a blood pressure monitor which implies a blood pressure cuff being used).
Referring to Claim 10, Nguyen also teaches a hemodialysis machine, and the treatment as a dialysis treatment (see paragraph 139 which shows how the dialysis machine 216 is used for hemodialysis).
Referring to Claim 11, Syed also teaches the first antenna provided separate from the first peripheral device and the second peripheral device (see paragraph 12 which shows beacon identification information transmitted to multiple devices within a hospital including a server).
Referring to Claim 12, Syed also teaches the short-range wireless technology protocol as a Bluetooth protocol (see paragraph 21 which shows communication with the device using Bluetooth and BLE).
Referring to Claim 13, Syed also teaches the first peripheral device and the medical treatment machine communicate with each other via a WiFi connection (see paragraph 11 which shows communications using WiFi).
Referring to Claim 14, Nguyen also teaches the short-range wireless technology protocol using radiofrequency identification (RFID) or Near Field Communication (NFC) (see paragraph 75 which shows communications with peripherals using NFC).
Referring to Claim 15, Syed also teaches the connection as a Bluetooth connection (see paragraph 21 which shows communications using Bluetooth).
Referring to Claim 16, Syed also teaches the second peripheral device configured to provide the wireless identifier to the first antenna (see paragraph 12 which shows beacon identification information transmitted to multiple devices within a hospital including a server).
Referring to Claim 17, Syed also teaches the first peripheral device having an Internet protocol address (see paragraph 64 which shows the devices using an IP address).
Referring to Claim 18, Syed also teaches the first peripheral device as a smartphone (see paragraph 18 which shows the computing device as a mobile phone).
Referring to Claim 19, Syed also teaches the first peripheral device as one or more of a remote controller, a laptop computer, or a desktop computer (see paragraph 18 which shows the computing device as a laptop).
Referring to Claim 21, Syed also teaches wherein the first peripheral device is granted permission to monitor one or more treatment parameters of a treatment of a patient using the communication protocol (see paragraphs 51 and 52 where after the connection is established between device and wireless beacon, the device monitors the location of a particular user or item by connecting to another wireless beacon when a user or item leaves a particular room or area and where the location of the user or item is the treatment parameter). Nguyen also teaches wherein the first peripheral device is granted permission (see paragraph 187 which shows authentication required to be granted permission to use the patient interface) to monitor one or more treatment parameters of a treatment of a patient using the communication protocol (see paragraph 146 which shows the patient device monitoring the patient throughout the treatment process). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to provide the teachings of Nguyen to the device of Syed in order to better enable optimum treatments of patients in multiple environments.
Referring to Claim 22, Syed also teaches wherein the first peripheral device is granted permission to control functions or treatment parameters of the medical treatment machine using the communication protocol (see paragraphs 20 where after the connection is established between device and wireless beacon, the device attaches to a particular hospital device such as surgical or medical equipment which then implies that the device controls the functions of the hospital device in some shape or form). Nguyen also teaches wherein the first peripheral device is granted permission (see paragraph 187 which shows authentication required to be granted permission to use the patient interface) to control functions or treatment parameters of the medical treatment machine using the communication protocol (see paragraph 149 which shows the patient inputting data which controls what information is sent to the patient). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to provide the teachings of Nguyen to the device of Syed in order to better enable optimum treatments of patients in multiple environments.
Referring to Claim 23, Syed also teaches wherein the first peripheral device is granted permission to monitor one or more treatment parameters of a treatment of a patient using the communication protocol (see paragraphs 51 and 52 where after the connection is established between device and wireless beacon, the device monitors the location of a particular user or item by connecting to another wireless beacon when a user or item leaves a particular room or area and where the location of the user or item is the treatment parameter), and control functions or treatment parameters of the medical treatment machine using the communication protocol (see paragraphs 20 where after the connection is established between device and wireless beacon, the device attaches to a particular hospital device such as surgical or medical equipment which then implies that the device controls the functions of the hospital device in some shape or form). Nguyen also teaches wherein the first peripheral device is granted permission (see paragraph 187 which shows authentication required to be granted permission to use the patient interface) to monitor one or more treatment parameters of a treatment of a patient using the communication protocol (see paragraph 146 which shows the patient device monitoring the patient throughout the treatment process), and control functions or treatment parameters of the medical treatment machine using the communication protocol (see paragraph 149 which shows the patient inputting data which controls what information is sent to the patient).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to provide the teachings of Nguyen to the device of Syed in order to better enable optimum treatments of patients in multiple environments.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Syed in view of Berry et al. (US 2013/0142367).
Referring to Claim 20, Syed and Nguyen do not teach the second peripheral device as a drug vial. Berry also teaches the second peripheral device as a drug vial (see paragraph 55 which shows a drug delivery device which uses Bluetooth). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to provide the teachings of Berry to the modified device of Syed and Nguyen in order to enable quicker treatment of patients in need of speedy treatment.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4 and 6-23 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 EUGENE YUN whose telephone number is (571)272-7860. The examiner can normally be reached 9am-5pm.
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/EUGENE YUN/Primary Examiner, Art Unit 2648
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