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 and 6-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2008/0010091) in view of Nguyen et al. (US 2017/0091406).
Referring to Claim 1, Kim teaches a system comprising:
a first peripheral device (see 105 of fig. 1);
a second peripheral device (see paragraph 36 which shows a medical service computing device);
a medical treatment machine (see 115 of fig. 1 and paragraph 26 which shows an ambulance which is 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 36 and 415 of fig. 4 which shows the medical service computing device sending an authentication key to a user computing device using Bluetooth),
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 communications between user device 105 and emergency crew 115 in fig. 1 and paragraphs 25 and 26 which shows other methods of transferring data which are not Bluetooth), 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 36 and 415 of fig. 4 which shows the medical service computing device (second peripheral) sending an authentication key to a user computing device (first peripheral)), 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 (no patentable weight since “one or more of” was used); (ii) deliver data to the medical treatment machine using the communication protocol (see paragraph 25 which shows the password access used which enables the user computing device to have permission to transmitter the user medical record and paragraph 26 which shows the user medical record transferred to the emergency crew), or (iii) control functions of the medical treatment machine using the communication protocol (no patentable weight since “one or more of” was used).
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). 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 Kim 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, Kim also teaches the first antenna provided separate from the first peripheral device and the second peripheral device (see paragraph 37 which shows an authentication certificate transferred to the emergency crew which is different than the first and second peripherals).
Referring to Claim 12, Kim also teaches the short-range wireless technology protocol as a Bluetooth protocol (see paragraph 36 and 415 of fig. 4 which shows the medical service computing device sending an authentication key to a user computing device using Bluetooth).
Referring to Claim 13, Kim also teaches the first peripheral device and the medical treatment machine communicate with each other via a WiFi connection (see paragraph 25 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, Kim also teaches the connection as a Bluetooth connection (see paragraph 36 which shows communications using Bluetooth).
Referring to Claim 16, Kim also teaches the second peripheral device configured to provide the wireless identifier to the first antenna (see paragraph 36 and 415 of fig. 4 which shows the medical service computing device sending an authentication key to a user computing device using Bluetooth).
Referring to Claim 17, Kim also teaches the first peripheral device having an Internet protocol address (see paragraph 45 which shows the devices using an IP address).
Referring to Claim 18, Kim also teaches the first peripheral device as a smartphone (see paragraph 24 which shows the computing device as a mobile phone).
Referring to Claim 19, Kim also teaches the first peripheral device as one or more of a remote controller, a laptop computer, or a desktop computer (see paragraph 24 which shows the computing device as a laptop).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Berry et al. (US 2013/0142367).
Referring to Claim 20, Kim 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 Kim 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 6-20 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
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.
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, Wesley Kim can be reached at 5712727867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EUGENE YUN/Primary Examiner, Art Unit 2648
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