DETAILED ACTION
Claims 1-13 are pending. Claim 14 has been cancelled.
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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/25/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 7 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.
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.
Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over DeBates et al. (US PG Pub 2022/0199248, which was cited in the prior action) in view of Newham et al. (US PG Pub 2017/0259072, which was cited in the prior action) and Johnson et al. (US PG Pub 2009/0063187).
As per claim 1, Debates et al. teach a system having a network of connected elements comprising
a remote monitoring server (RMS) [DeBates, fig. 1, element 126, ¶ 0041, “To initialize a remote therapy session, in the embodiments described herein, a data throughput is monitored (e.g., by patient device 104, clinician device 130, and/or backend server 126)”, Backend server (element 126) performs session monitoring functions (see ¶ 0034) and acts between the patient and clinician.],
at least one patient remote device (PR) [DeBates, fig. 1, element 104, ¶ 0031, “Such external devices associated with patient(s) 102 are referred to herein as patient devices 104, and may include a variety of user equipment (UE) devices, tethered or untethered, that may be configured to engage in remote care therapy sessions. By way of example, patient devices 104 may include smartphones, tablets or phablets, laptops/desktops, handheld/palmtop computers, wearable devices such as smart glasses and smart watches, personal digital assistant (PDA) devices, smart digital assistant devices, etc., any of which may operate in association with one or more virtual assistants, smart home/office appliances, smart TVs, virtual reality (VR), mixed reality (MR) or augmented reality (AR) devices, and the like, which are generally exemplified by wearable device(s) 106, smartphone(s) 108, tablet(s)/phablet(s) 110 and computer(s) 112”, Each patient (see element 102) is associated with a patient device (element 104).],
at least one health care professional (HCP) remote device (CP) [DeBates, fig. 1, element 130, “External devices associated with clinicians 138, referred to herein as clinician devices 130, may include a variety of UE devices, tethered or untethered, similar to patient devices 104, which may be configured to engage in remote care therapy sessions as will be set forth in detail further below. Clinician devices 130 may therefore also include devices (which may operate in association with one or more virtual assistants, smart home/office appliances, VRAR virtual reality (VR) or augmented reality (AR) devices, and the like), generally exemplified by wearable device(s) 131, smartphone(s) 132, tablet(s)/phablet(s) 134 and computer(s) 136”, A clinician (see element 138) is associated with a clinician device (see element 130).], and
at least one medical device [DeBates, fig. 1, element 103, ¶ 0031, “Example patient(s) 102, each having a suitable implantable device 103, may be provided with a variety of corresponding external devices for controlling, programming, otherwise (re)configuring the functionality of respective implantable medical device(s) 103, as is known in the art”, A patient has a medical device (see element 103, ¶s 0035 and 0039).],
wherein each of the elements of the system comprises a dedicated communication module [DeBates, fig. 11, element 1140, ¶ 0102, The remote monitoring server, patient remote device, and HCP remote device may all be implemented according to the block diagram of fig. 11 (see ¶ 0096). Fig. 11 includes a communication interface (element 1140). Note: due to clarity and the claim language, the medical device will be addressed by the secondary reference.],
wherein the dedicated communication modules of the RMS, the at least one PR and the at least one CP are configured to establish and maintain a communication connection between each other [DeBates, ¶ 0033, “Similarly, clinicians 138 may be provided with a variety of external devices for controlling, programming, otherwise (re)configuring or providing therapy operations with respect to one or more patients 102 mediated via respective implantable medical device(s) 103, in a local therapy session and/or remote therapy session, depending on implementation and use case scenarios. External devices associated with clinicians 138, referred to herein as clinician devices 130, may include a variety of UE devices, tethered or untethered, similar to patient devices 104, which may be configured to engage in remote care therapy sessions as will be set forth in detail further below”, A remote therapy session may occur between the clinician device and the medical device.],
wherein the dedicated communication modules of the at least one medical device and of the at least one PR are configured to establish and maintain a communication connection between each other [DeBates, ¶ 0031, “As such, patient devices 104 may include various types of communications circuitry or interfaces to effectuate wired or wireless communications, short-range and long-range radio frequency (RF) communications, magnetic field communications, Bluetooth communications, etc., using any combination of technologies, protocols, and the like, with external networked elements and/or respective implantable medical devices 103 corresponding to patient(s) 102”, The patient device and medical device may enter a communication pairing with each other.],
wherein each of the elements of the system comprises a dedicated processing unit [DeBates, fig. 11, element 1115, ¶ 0097, The remote monitoring server, patient remote device, and HCP remote device may all be implemented according to the block diagram of fig. 11 (see ¶ 0096). Fig. 11 includes a communication interface (element 1115). Note: due to clarity and the claim language, the medical device will be addressed by the secondary reference.],
wherein each of the elements of the system comprises a dedicated data memory module [DeBates, fig. 11, element 1115, ¶ 0098, The remote monitoring server, patient remote device, and HCP remote device may all be implemented according to the block diagram of fig. 11 (see ¶ 0096). Fig. 11 includes a communication interface (element 1110). Note: due to clarity and the claim language, the medical device will be addressed by the secondary reference.],
…wherein the system provides resources used and shared by the communication modules [DeBates, ¶ 0042, “During operation of an established remote therapy session, the systems and methods described herein also monitor data throughput (e.g., packet latency and bandwidth) of therapy commands transmitted between devices in the remote therapy system to detect network connectivity issues. For example, data throughput of therapy commands may be measured between clinician device 130 and backend server 126, between patient device 104 and backend server 126, and/or between any devices in network environment 100. For example, in some embodiments, data throughput may be alternatively or additionally monitored between patient device 104 and implantable device 103”, Latency and round trip time (see ¶ 0043) are measures (see ¶ 0044) of the operation of shared network resources used by the elements of the system.], processing units, energy storages and/or data memory modules of the system's elements,
wherein the system further comprises a resource manager module configured to determine at least one resource of communication modules, processing units, data memory modules and/or energy storages involved in a at least one requirement of a user and/or system, to analyze the determined resources and to automatically control the involved communication modules, involved processing units, involved energy storages and/or involved data memory modules based on the analysis of the determined resources, the current operating modes of the involved communication modules, involved processing units, involved energy storages and/or involved data memory modules and at least one requirement of the user and/or the system to be met [DeBates, ¶ 0044, “Based on the detected data throughput, a network strength level, or latency level (e.g., good, okay, poor, no network) is determined and reported to one of more users (e.g., patient 102 and/or clinician 138). Each network strength level is associated with a range of data throughput values. Further, when the network strength level changes (e.g., moving from good to okay), video and/or audio resolutions may be adjusted to improve performance, and one or more users may be notified of the adjustment. In some embodiments, other actions may alternatively or additionally be taken (e.g., routing communications between patient device 104 and clinician device 130 though a different backend server 126)”, Network communication resources are monitored through data throughput, network strength or latency (see ¶ 0041). Adjustments may be made to video/audio to achieve better communication performance (see ¶ 0045). In addition, automatic adjustments, namely rerouting, may also be performed. Figs. 4 and 5 show that the patient device and clinician device may each monitor network resources and initiate adjustment as needed (see ¶s 0052, 0053, 0057, 0059).].
DeBates et al. do not explicitly teach wherein one medical device (each of the elements) of the system comprises a dedicated communication module…wherein one medical device (each of the elements) of the elements of the system comprises a dedicated processing unit, wherein one medical device (each of the elements) of the elements of the system comprises a dedicated data memory module, wherein each of the system's elements comprises a dedicated energy storage…wherein as part of the analysis and automatic control of the determined resources, the resource manager module switches to a more reliable communication path upon detection of low or no connectivity for an element of the system and initiates an adjustment of transmission frequency and/or payload for that element.
However, in an analogous art, Newham et al. teach wherein one medical device (each of the elements) of the system comprises a dedicated communication module [Newham, fig. 2, element 250, ¶ 0040, “The implant device 200 can include a wireless communications component 250 coupled to an antenna 254. The wireless communications component 250 can include RF circuitry or RF communications circuitry for wirelessly communicating with devices outside a patient's body”, The implant device (see ¶s 0031, 0033) includes a RF (or communication) module. Note: as stated earlier in the rejection, this citation addresses the missing components of the medical device.]…wherein one medical device (each of the elements) of the elements of the system comprises a dedicated processing unit [Newham, fig. 2, element 232, ¶ 0037, “The implant device 200 can include a control system 230. The control system 230 may include at least one of a general purpose single- or multi-chip processor, a digital signal processor (DSP), an application specific integrated circuit (ASIC), a field programmable gate array (FPGA) or other programmable logic device, discrete gate or transistor logic, or discrete hardware components. In some implementations, the control system 230 may include a processor 232”, The medical device contains a processor. Note: as stated earlier in the rejection, this citation addresses the missing components of the medical device.], wherein one medical device (each of the elements) of the elements of the system comprises a dedicated data memory module [Newham, fig. 2, element 240, ¶ 0039, “In some implementations, the control system 230 may be capable of controlling the implant device 200 according to instructions (e.g., software) stored on one or more non-transitory computer-readable media. Such non-transitory media may include the memory 240 of the implant device 200. The memory 240 can store processor-executable instructions and/or outputs from the one or more sensors 210. In some implementations, the memory 240 may be a volatile memory, non-volatile memory (e.g., flash memory), or a combination thereof. In some implementations”, The medical device includes memory.], wherein each of the elements of the system comprises a dedicated energy storage [Newham, fig. 2, element 260, ¶ 0041, “In some implementations, one or more of the sensor 210, the clock 220, the control system 230, the memory 240, the wireless communications component 250, and any other electronic components of the implant device 200 may be powered by the power supply 260. In some implementations, the power supply 260 may include a rechargeable battery, such as a rechargeable lithium ion battery. In some implementations, the rechargeable battery is recharged by converting a wireless signal into electrical current via a wireless charger”, Note: this is relied upon for all system elements within the claim. It is readily understood that different electronic devices rely upon a power supply, whether battery or stable/backup power supply (for a server).].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the electronic device elements of Newham et al. into DeBates et al. One would have been motivated to do this because incorporating known electronic components from networked medical implant into another networked medical implant would operate with a reasonable expectation of success.
In another analogous art, Johnson et al. teach wherein as part of the analysis and automatic control of the determined resources [Johnson, ¶ 0170, “In cases where a preferred LCN connection is not available or becomes unusable, alternative connections may be sought in accordance with a predetermined priority scheme. For example, should a preferred connection such as a high QoS cellular connection become unavailable”, PPC 14 (see fig. 1) contains a monitoring function that detects that a connection for a life critical network (LCN) becomes unavailable.], switches to a more reliable communication path upon detection of low or no connectivity for an element of the system and initiates an adjustment of transmission frequency and/or payload for that element [Johnson, ¶ 0170, “ a PPC 14 may attempt to connect to the LCN 200 using a data channel (e.g., Ethernet connection), MMS, SMS, Wi-Fi, or low-speed modem over a voice channel (to operate as a modem to transmit data), for example. If a patient has no cell coverage, intermittent coverage, or periodic (e.g., day/night) coverage, a predetermined priority scheme may include switching to a Wi-Fi network as backup. The Wi-Fi is preferably preconfigured to provide efficient connectivity between the PPC 14 and the LCN 200. Another fallback is to attempt a connection using any network that can be found by the PPC 14”, In response to determining that the LCN connection is unavailable, the PPC switches its connection to a more reliable path via adjusting to a different frequency (i.e., communication technology).].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the connection adjustment of Johnson et al. into DeBates et al. One would have been motivated to do this because the communication resource management of DeBates et al. would easily incorporate methods to adjust to a different communication technology during periods of low or no connectivity as taught by Johnson et al. with a reasonable expectation of success.
As per claim 2, DeBates et al. in view of Newham et al. and Johnson et al. teach the system of claim 1. DeBates et al. also teach wherein the resource of the dedicated communication modules of the elements of the system comprise at least one connectivity parameter of at least one communication path through which the communication connections of the respective communication modules are provided, wherein connectivity parameters are network speed, ping time, packet loss percentage, transmission latency, transfer/transmission rate, signal strength, success rate of communication, and resolution of transmitted data [DeBates, ¶ 0044, “Based on the detected data throughput, a network strength level, or latency level (e.g., good, okay, poor, no network) is determined and reported to one of more users (e.g., patient 102 and/or clinician 138). Each network strength level is associated with a range of data throughput values. Further, when the network strength level changes (e.g., moving from good to okay), video and/or audio resolutions may be adjusted to improve performance, and one or more users may be notified of the adjustment. In some embodiments, other actions may alternatively or additionally be taken (e.g., routing communications between patient device 104 and clinician device 130 though a different backend server 126)”, Network communication resources are monitored through data throughput, network strength or latency (see ¶ 0041). Adjustments may be made to video/audio to achieve better communication performance (see ¶ 0045). In addition, automatic adjustments, namely rerouting, may also be performed. Figs. 4 and 5 show that the patient device and clinician device may each monitor network resources and initiate adjustment as needed (see ¶s 0052, 0053, 0057, 0059).].
As per claim 3, DeBates et al. in view of Newham et al. and Johnson et al. teach the system of claim 1. DeBates et al. also teach wherein the resource of the processing units of the elements of the system comprises the load of the respective processing unit and/or at least one critical parameter [DeBates, ¶ 0044, “Based on the detected data throughput, a network strength level, or latency level (e.g., good, okay, poor, no network) is determined and reported to one of more users (e.g., patient 102 and/or clinician 138). Each network strength level is associated with a range of data throughput values. Further, when the network strength level changes (e.g., moving from good to okay), video and/or audio resolutions may be adjusted to improve performance, and one or more users may be notified of the adjustment. In some embodiments, other actions may alternatively or additionally be taken (e.g., routing communications between patient device 104 and clinician device 130 though a different backend server 126)”, Network communication resources are monitored through data throughput, network strength or latency (see ¶ 0041). Adjustments may be made to video/audio to achieve better communication performance (see ¶ 0045). Figs. 4 and 5 show that the patient device and clinician device may each monitor network resources and initiate adjustment as needed (see ¶s 0052, 0053, 0057, 0059). In a healthcare situation, network quality and latency are critical parameters.].
As per claim 4, DeBates et al. in view of Newham et al. and Johnson et al. teach the system of claim 1. DeBates et al. also teach wherein the resource of the data memory modules of the elements of the system comprises the storage space of the respective data memory module [DeBates, fig. 11, element 1115, ¶ 0098, The remote monitoring server, patient remote device, and HCP remote device may all be implemented according to the block diagram of fig. 11 (see ¶ 0096). Fig. 11 includes a communication interface (element 1110). Note: due to clarity and the claim language, the medical device will be addressed by the secondary reference.].
DeBates et al. do not explicitly teach wherein the resource of the data memory modules of the medical device (system's elements comprises) the storage space of the respective data memory module.
However, in an analogous art, Newham et al. teach wherein the resource of the data memory modules of the medical device (system's elements comprises) the storage space of the respective data memory module [Newham, fig. 2, element 240, ¶ 0039, “In some implementations, the control system 230 may be capable of controlling the implant device 200 according to instructions (e.g., software) stored on one or more non-transitory computer-readable media. Such non-transitory media may include the memory 240 of the implant device 200. The memory 240 can store processor-executable instructions and/or outputs from the one or more sensors 210. In some implementations, the memory 240 may be a volatile memory, non-volatile memory (e.g., flash memory), or a combination thereof. In some implementations”, The medical device includes memory.].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the electronic device elements of Newham et al. into DeBates et al. One would have been motivated to do this because incorporating known electronic components from networked medical implant into another networked medical implant would operate with a reasonable expectation of success.
As per claim 5, DeBates et al. in view of Newham et al. and Johnson et al. teach the system of claim 1. DeBates et al. do not explicitly teach wherein the resource of the energy storages of the elements of the system comprises the charge level of the respective energy storage.
However, in an analogous art, Newham et al. teach wherein the resource of the energy storages of the system's elements comprises the charge level of the respective energy storage [Newham, ¶ 0042, “The battery of the power supply 260 may be vulnerable to overcharging or overdischarging conditions. Typically, protection circuitry may be implemented to keep the battery within a safe operating region”, A battery power source is understood as having a charge level.].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the electronic device elements of Newham et al. into DeBates et al. One would have been motivated to do this because incorporating known electronic components from networked medical implant into another networked medical implant would operate with a reasonable expectation of success.
As per claim 6, DeBates et al. in view of Newham et al. and Johnson et al. teach the system of claim 1. DeBates et al. also teach wherein control of the resource manager module provides a feedback loop [DeBates, ¶ 0045, “In some embodiments, at least one device in network environment (e.g., patient device 104, clinician device 130, and/or backend server 126) may prompt a user to approve adjustment of the video and/or audio resolution. For example, if the network strength level changes from okay to poor, clinician device 130 may display a prompt asking clinician 138 to approve reduction of the video and/or audio resolution”, Adjustment of resources prompted by the resource manager may operate under a feedback loop from a user.].
As per claim 7, DeBates et al. teach an operating method of a system having a network of connected elements comprising a remote monitoring server (RMS) [DeBates, fig. 1, element 126, ¶ 0041, “To initialize a remote therapy session, in the embodiments described herein, a data throughput is monitored (e.g., by patient device 104, clinician device 130, and/or backend server 126)”, Backend server (element 126) performs session monitoring functions (see ¶ 0034) and acts between the patient and clinician.],
at least one patient remote device (PR) [DeBates, fig. 1, element 104, ¶ 0031, “Such external devices associated with patient(s) 102 are referred to herein as patient devices 104, and may include a variety of user equipment (UE) devices, tethered or untethered, that may be configured to engage in remote care therapy sessions. By way of example, patient devices 104 may include smartphones, tablets or phablets, laptops/desktops, handheld/palmtop computers, wearable devices such as smart glasses and smart watches, personal digital assistant (PDA) devices, smart digital assistant devices, etc., any of which may operate in association with one or more virtual assistants, smart home/office appliances, smart TVs, virtual reality (VR), mixed reality (MR) or augmented reality (AR) devices, and the like, which are generally exemplified by wearable device(s) 106, smartphone(s) 108, tablet(s)/phablet(s) 110 and computer(s) 112”, Each patient (see element 102) is associated with a patient device (element 104).],
at least one health care professional (HCP) remote device (CP) [DeBates, fig. 1, element 130, “External devices associated with clinicians 138, referred to herein as clinician devices 130, may include a variety of UE devices, tethered or untethered, similar to patient devices 104, which may be configured to engage in remote care therapy sessions as will be set forth in detail further below. Clinician devices 130 may therefore also include devices (which may operate in association with one or more virtual assistants, smart home/office appliances, VRAR virtual reality (VR) or augmented reality (AR) devices, and the like), generally exemplified by wearable device(s) 131, smartphone(s) 132, tablet(s)/phablet(s) 134 and computer(s) 136”, A clinician (see element 138) is associated with a clinician device (see element 130).], and
at least one medical device [DeBates, fig. 1, element 103, ¶ 0031, “Example patient(s) 102, each having a suitable implantable device 103, may be provided with a variety of corresponding external devices for controlling, programming, otherwise (re)configuring the functionality of respective implantable medical device(s) 103, as is known in the art”, A patient has a medical device (see element 103, ¶s 0035 and 0039).],
wherein each of the elements of the system comprises a dedicated communication module [DeBates, fig. 11, element 1140, ¶ 0102, The remote monitoring server, patient remote device, and HCP remote device may all be implemented according to the block diagram of fig. 11 (see ¶ 0096). Fig. 11 includes a communication interface (element 1140). Note: due to clarity and the claim language, the medical device will be addressed by the secondary reference.], a dedicated processing unit [DeBates, fig. 11, element 1115, ¶ 0098]…, the operating method comprising:
establishing and maintaining, via the dedicated communication modules, communication connection between the RMS, the at least one PR and the at least one CP [DeBates, ¶ 0033, “Similarly, clinicians 138 may be provided with a variety of external devices for controlling, programming, otherwise (re)configuring or providing therapy operations with respect to one or more patients 102 mediated via respective implantable medical device(s) 103, in a local therapy session and/or remote therapy session, depending on implementation and use case scenarios. External devices associated with clinicians 138, referred to herein as clinician devices 130, may include a variety of UE devices, tethered or untethered, similar to patient devices 104, which may be configured to engage in remote care therapy sessions as will be set forth in detail further below”, A remote therapy session may occur between the clinician device and the medical device.];
establishing and maintaining, via the dedicated communication modules, communication connection between the at least one medical device and of the at least one PR [DeBates, ¶ 0031, “As such, patient devices 104 may include various types of communications circuitry or interfaces to effectuate wired or wireless communications, short-range and long-range radio frequency (RF) communications, magnetic field communications, Bluetooth communications, etc., using any combination of technologies, protocols, and the like, with external networked elements and/or respective implantable medical devices 103 corresponding to patient(s) 102”, The patient device and medical device may enter a communication pairing with each other.];
using and sharing resources by the dedicated communication modules [DeBates, ¶ 0042, “During operation of an established remote therapy session, the systems and methods described herein also monitor data throughput (e.g., packet latency and bandwidth) of therapy commands transmitted between devices in the remote therapy system to detect network connectivity issues. For example, data throughput of therapy commands may be measured between clinician device 130 and backend server 126, between patient device 104 and backend server 126, and/or between any devices in network environment 100. For example, in some embodiments, data throughput may be alternatively or additionally monitored between patient device 104 and implantable device 103”, Latency and round trip time (see ¶ 0043) are measures (see ¶ 0044) of the operation of shared network resources used by the elements of the system.], processing units, energy storages and/or data memory modules;
determining, via the resource manager module, at least one resource of communication modules, processing units, data memory modules and/or energy storages involved in at least one requirement of a user and/or of the system [DeBates, ¶ 0044, “Based on the detected data throughput, a network strength level, or latency level (e.g., good, okay, poor, no network) is determined and reported to one of more users (e.g., patient 102 and/or clinician 138). Each network strength level is associated with a range of data throughput values. Further, when the network strength level changes (e.g., moving from good to okay), video and/or audio resolutions may be adjusted to improve performance, and one or more users may be notified of the adjustment. In some embodiments, other actions may alternatively or additionally be taken (e.g., routing communications between patient device 104 and clinician device 130 though a different backend server 126)”, Network communication resources are monitored through data throughput, network strength or latency (see ¶ 0041). Adjustments may be made to video/audio to achieve better communication performance (see ¶ 0045). In addition, automatic adjustments, namely rerouting, may also be performed. Figs. 4 and 5 show that the patient device and clinician device may each monitor network resources and initiate adjustment as needed (see ¶s 0052, 0053, 0057, 0059).];
analyzing, via the resource manager module, the determined resources and automatically controlling the involved communication modules, involved processing units, involved energy storages and/or involved data memory modules based on the analysis of the determined resources, the current operating modes of the involved communication modules, involved processing units, involved energy storages and/or involved data memory modules and the at least one requirement of the user and/or the system to be met [DeBates, ¶ 0044, “Based on the detected data throughput, a network strength level, or latency level (e.g., good, okay, poor, no network) is determined and reported to one of more users (e.g., patient 102 and/or clinician 138). Each network strength level is associated with a range of data throughput values. Further, when the network strength level changes (e.g., moving from good to okay), video and/or audio resolutions may be adjusted to improve performance, and one or more users may be notified of the adjustment. In some embodiments, other actions may alternatively or additionally be taken (e.g., routing communications between patient device 104 and clinician device 130 though a different backend server 126)”, Network communication resources are monitored through data throughput, network strength or latency (see ¶ 0041). Adjustments may be made to video/audio to achieve better communication performance (see ¶ 0045). In addition, automatic adjustments, namely rerouting, may also be performed. Figs. 4 and 5 show that the patient device and clinician device may each monitor network resources and initiate adjustment as needed (see ¶s 0052, 0053, 0057, 0059).],
DeBates et al. do not explicitly teach a dedicated data memory module, a dedicated energy storage, the system further comprising a resource manager module …wherein one medical device (each of the elements) of the system comprises a dedicated communication module…wherein one medical device (each of the elements) of the system's elements comprises a dedicated processing unit, wherein one medical device (each of the elements) of the system's elements comprises a dedicated data memory module, wherein each of the system's elements comprises a dedicated energy storage…
wherein as part of the analysis and automatic control of the determined resources, the resource manager module switches to a more reliable communication path upon detection of low or no connectivity for an element of the system and initiates an adjustment of transmission frequency and/or payload for that element.
However, in an analogous art, Newham et al. teach wherein one medical device (each of the elements) of the system comprises a dedicated communication module [Newham, fig. 2, element 250, ¶ 0040, “The implant device 200 can include a wireless communications component 250 coupled to an antenna 254. The wireless communications component 250 can include RF circuitry or RF communications circuitry for wirelessly communicating with devices outside a patient's body”, The implant device (see ¶s 0031, 0033) includes a RF (or communication) module. Note: as stated earlier in the rejection, this citation addresses the missing components of the medical device.]…wherein one medical device (each of the elements) of the system's elements comprises a dedicated processing unit [Newham, fig. 2, element 232, ¶ 0037, “The implant device 200 can include a control system 230. The control system 230 may include at least one of a general purpose single- or multi-chip processor, a digital signal processor (DSP), an application specific integrated circuit (ASIC), a field programmable gate array (FPGA) or other programmable logic device, discrete gate or transistor logic, or discrete hardware components. In some implementations, the control system 230 may include a processor 232”, The medical device contains a processor. Note: as stated earlier in the rejection, this citation addresses the missing components of the medical device.], wherein one medical device (each of the elements) of the system's elements comprises a dedicated data memory module [Newham, fig. 2, element 240, ¶ 0039, “In some implementations, the control system 230 may be capable of controlling the implant device 200 according to instructions (e.g., software) stored on one or more non-transitory computer-readable media. Such non-transitory media may include the memory 240 of the implant device 200. The memory 240 can store processor-executable instructions and/or outputs from the one or more sensors 210. In some implementations, the memory 240 may be a volatile memory, non-volatile memory (e.g., flash memory), or a combination thereof. In some implementations”, The medical device includes memory.], wherein each of the system's elements comprises a dedicated energy storage [Newham, fig. 2, element 260, ¶ 0041, “In some implementations, one or more of the sensor 210, the clock 220, the control system 230, the memory 240, the wireless communications component 250, and any other electronic components of the implant device 200 may be powered by the power supply 260. In some implementations, the power supply 260 may include a rechargeable battery, such as a rechargeable lithium ion battery. In some implementations, the rechargeable battery is recharged by converting a wireless signal into electrical current via a wireless charger”, Note: this is relied upon for all system elements within the claim. It is readily understood that different electronic devices rely upon a power supply, whether battery or stable/backup power supply (for a server).].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the electronic device elements of Newham et al. into DeBates et al. One would have been motivated to do this because incorporating known electronic components from networked medical implant into another networked medical implant would operate with a reasonable expectation of success.
In another analogous art, Johnson et al. teach wherein as part of the analysis and automatic control of the determined resources [Johnson, ¶ 0170, “In cases where a preferred LCN connection is not available or becomes unusable, alternative connections may be sought in accordance with a predetermined priority scheme. For example, should a preferred connection such as a high QoS cellular connection become unavailable”, PPC 14 (see fig. 1) contains a monitoring function that detects that a connection for a life critical network (LCN) becomes unavailable.], switches to a more reliable communication path upon detection of low or no connectivity for an element of the system and initiates an adjustment of transmission frequency and/or payload for that element [Johnson, ¶ 0170, “ a PPC 14 may attempt to connect to the LCN 200 using a data channel (e.g., Ethernet connection), MMS, SMS, Wi-Fi, or low-speed modem over a voice channel (to operate as a modem to transmit data), for example. If a patient has no cell coverage, intermittent coverage, or periodic (e.g., day/night) coverage, a predetermined priority scheme may include switching to a Wi-Fi network as backup. The Wi-Fi is preferably preconfigured to provide efficient connectivity between the PPC 14 and the LCN 200. Another fallback is to attempt a connection using any network that can be found by the PPC 14”, In response to determining that the LCN connection is unavailable, the PPC switches its connection to a more reliable path via adjusting to a different frequency (i.e., communication technology).].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the connection adjustment of Johnson et al. into DeBates et al. One would have been motivated to do this because the communication resource management of DeBates et al. would easily incorporate methods to adjust to a different communication technology during periods of low or no connectivity as taught by Johnson et al. with a reasonable expectation of success.
As per claim 8, DeBates et al. in view of Newham et al. and Johnson et al. teach the method of claim 7. DeBates et al. also teach wherein the resource of the communication modules of the elements of the system comprise at least one connectivity parameter of at least one communication path through which the communication connections of the respective communication modules are provided, wherein connectivity parameters are network speed, ping time, packet loss percentage, transmission latency, transfer/transmission rate, signal strength, success rate of communication, and resolution of transmitted data [DeBates, ¶ 0044, “Based on the detected data throughput, a network strength level, or latency level (e.g., good, okay, poor, no network) is determined and reported to one of more users (e.g., patient 102 and/or clinician 138). Each network strength level is associated with a range of data throughput values. Further, when the network strength level changes (e.g., moving from good to okay), video and/or audio resolutions may be adjusted to improve performance, and one or more users may be notified of the adjustment. In some embodiments, other actions may alternatively or additionally be taken (e.g., routing communications between patient device 104 and clinician device 130 though a different backend server 126)”, Network communication resources are monitored through data throughput, network strength or latency. Adjustments may be made to video/audio to achieve better communication performance (see ¶ 0045). Figs. 4 and 5 show that the patient device and clinician device may each monitor network resources and initiate adjustment as needed (see ¶s 0052, 0053, 0057, 0059).].
As per claim 9, DeBates et al. in view of Newham et al. and Johnson et al. teach the method of claim 7. DeBates et al. also teach wherein the resource of the processing units of the elements of the system comprises the load of the respective processing unit and/or at least one critical parameter [DeBates, ¶ 0044, “Based on the detected data throughput, a network strength level, or latency level (e.g., good, okay, poor, no network) is determined and reported to one of more users (e.g., patient 102 and/or clinician 138). Each network strength level is associated with a range of data throughput values. Further, when the network strength level changes (e.g., moving from good to okay), video and/or audio resolutions may be adjusted to improve performance, and one or more users may be notified of the adjustment. In some embodiments, other actions may alternatively or additionally be taken (e.g., routing communications between patient device 104 and clinician device 130 though a different backend server 126)”, Network communication resources are monitored through data throughput, network strength or latency (see ¶ 0041). Adjustments may be made to video/audio to achieve better communication performance (see ¶ 0045). Figs. 4 and 5 show that the patient device and clinician device may each monitor network resources and initiate adjustment as needed (see ¶s 0052, 0053, 0057, 0059). In a healthcare situation, network quality and latency are critical parameters.].
As per claim 10, DeBates et al. in view of Newham et al. and Johnson et al. teach the method of claim 7. DeBates et al. also teach wherein the resource of the data memory modules of the elements of the system comprises the storage space of the respective data memory module [DeBates, fig. 11, element 1115, ¶ 0098, The remote monitoring server, patient remote device, and HCP remote device may all be implemented according to the block diagram of fig. 11 (see ¶ 0096). Fig. 11 includes a communication interface (element 1110). Note: due to clarity and the claim language, the medical device will be addressed by the secondary reference.].
DeBates et al. do not explicitly teach wherein the resource of the data memory modules of the medical device (system's elements comprises) the storage space of the respective data memory module.
However, in an analogous art, Newham et al. teach wherein the resource of the data memory modules of the medical device (system's elements comprises) the storage space of the respective data memory module [Newham, fig. 2, element 240, ¶ 0039, “In some implementations, the control system 230 may be capable of controlling the implant device 200 according to instructions (e.g., software) stored on one or more non-transitory computer-readable media. Such non-transitory media may include the memory 240 of the implant device 200. The memory 240 can store processor-executable instructions and/or outputs from the one or more sensors 210. In some implementations, the memory 240 may be a volatile memory, non-volatile memory (e.g., flash memory), or a combination thereof. In some implementations”, The medical device includes memory.].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the electronic device elements of Newham et al. into DeBates et al. One would have been motivated to do this because incorporating known electronic components from networked medical implant into another networked medical implant would operate with a reasonable expectation of success.
As per claim 11, DeBates et al. in view of Newham et al. and Johnson et al. teach the method of claim 7. DeBates et al. do not explicitly teach wherein the resource of the energy storages of the elements of the system comprises the charge level of the respective energy storage.
However, in an analogous art, Newham et al. teach wherein the resource of the energy storages of the system's elements comprises the charge level of the respective energy storage [Newham, ¶ 0042, “The battery of the power supply 260 may be vulnerable to overcharging or overdischarging conditions. Typically, protection circuitry may be implemented to keep the battery within a safe operating region”, A battery power source is understood as having a charge level.].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the electronic device elements of Newham et al. into DeBates et al. One would have been motivated to do this because incorporating known electronic components from networked medical implant into another networked medical implant would operate with a reasonable expectation of success.
As per claim 12, DeBates et al. in view of Newham et al. and Johnson et al. teach the method of claim 7. DeBates et al. also teach wherein the control of the resource manager module provides a feedback loop [DeBates, ¶ 0045, “In some embodiments, at least one device in network environment (e.g., patient device 104, clinician device 130, and/or backend server 126) may prompt a user to approve adjustment of the video and/or audio resolution. For example, if the network strength level changes from okay to poor, clinician device 130 may display a prompt asking clinician 138 to approve reduction of the video and/or audio resolution”, Adjustment of resources prompted by the resource manager may operate under a feedback loop from a user.].
As per claim 13, DeBates et al. in view of Newham et al. and Johnson et al. teach a computer program product comprising non-volatile memory, the non-volatile memory having instructions stored thereon which, when executed by a processing unit, cause the processing unit to perform the steps of the method according to claim 7 [DeBates, fig. 11, and Newham, fig. 2 show implementations using computer instructions to perform the invention, See also rejection of claim 7.].
Conclusion
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/Paul H. Masur/
Primary Examiner
Art Unit 2417
Prosecution Insights