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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on January 18, 2024; and May 01, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings filed on December 21, 2023 are accepted.
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 35 U.S.C. 112 (pre-AIA ), 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 58, 62-65 and 67 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 58 recites the limitation “with server”. There is insufficient antecedent basis for this limitation in the claim. It is interpreted to first read, “with a server”. Claims 62, 64 and 67 recite the same issues.
Dependent claims are rejected as depending on a rejected claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1, 4 and 50 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wiggermann et al. (US 2018/0089979 A1) (“Wiggermann”).
Regarding claim 1, Wiggermann discloses A patient support apparatus comprising (Abstract and entire document):
a support surface adapted to support a patient (FIG. 1 and [0033], “Referring to FIG. 1, a person support system 100 includes a person support apparatus 110 and a person support apparatus control system 140 communicatively coupled to the person support apparatus 10. The person support apparatus 110 is embodied as, for example, a hospital bed, a stretcher, or a similar device that can support a person in a horizontal position and/or one or more non-horizontal positions.”);
a first transceiver coupled to a first location on the patient support apparatus (FIG. 1 and [0043], “Also mounted to the illustrative head, seat, and foot sections 222, 224, 226, respectively, of the deck 200 are one or more readers/receivers 250, 252, 254. The readers/receiver(s) 250, 252, 254 are “active” in the sense that each is configured to recognize and/or receive data signals transmitted by the remote-coupled body-mounted sensors 114, 116, 118, 120, 122.”); and
a controller adapted to use radio frequency (RF) communication between the first transceiver and a first tag to determine a first distance between the first tag and the first transceiver (FIG. 1 and [0043], “As such, the readers/receiver(s) 250, 252, 254 may be embodied as radio-frequency or infrared transceivers, for example. In some embodiments, the readers/receiver(s) 250, 252, 254 may be configured to also recognize and/or receive data signals transmitted by reference sensors 260, 262, 264, which are, illustratively, mounted to, in, or on a support surface 210. For instance, the reference sensors 260, 262, 264 may be installed adjacent a top portion of the each of the zones 228, 230, 232 of the surface 210 as shown in FIGS. 2-3. The readers/receiver(s) 250, 252, 254 communicate the data signals received from the body mounted sensors 114, 116, 118, 120, 122 and the reference sensors 260, 262, 264 to the person support apparatus control system 140 via the communications link 142.” And [0053] discussing converting signal strength to distance, interpreted as determining a first distance between the first tag, for example tag 114 and the first transceiver for example transceiver 250),
wherein the first tag is coupled to a patient associated with the patient support apparatus (FIG. 1 and [0033], “The person support apparatus control system 140 includes a body position monitoring system 150 that collects body position information from one or more remote-coupled sensors 114, 116, 118, 120, 122. The remote-coupled sensors 114, 116, 118, 120, 122 are mounted to a person 112, who may be positioned on the person support apparatus 110.”).
Regarding claim 4, Wiggermann discloses The patient support apparatus of claim 1 wherein the controller is further adapted to repetitively determine the first distance between the first tag and the first transceiver and to record changes in the first distance (FIG. 1 and [0053] – 0055] discussing monitoring signal strength data as distance data, across time, to determine changes in distance, such as for example a slide-down event discussed in [0053] see also [0037] discussing sensor signals as continuous).
Regarding claim 50, Wiggermann discloses A patient support apparatus comprising (Abstract and entire document):
a support surface adapted to support a patient (FIG. 1 and [0033], “Referring to FIG. 1, a person support system 100 includes a person support apparatus 110 and a person support apparatus control system 140 communicatively coupled to the person support apparatus 10. The person support apparatus 110 is embodied as, for example, a hospital bed, a stretcher, or a similar device that can support a person in a horizontal position and/or one or more non-horizontal positions.”);
a first transceiver coupled to a first location on the patient support apparatus (FIG. 1 and [0043], “Also mounted to the illustrative head, seat, and foot sections 222, 224, 226, respectively, of the deck 200 are one or more readers/receivers 250, 252, 254. The readers/receiver(s) 250, 252, 254 are “active” in the sense that each is configured to recognize and/or receive data signals transmitted by the remote-coupled body-mounted sensors 114, 116, 118, 120, 122.”); and
a controller adapted to monitor movement of the patient using communications between a first tag attached to the patient and the first transceiver (FIG. 1 and [0043], “As such, the readers/receiver(s) 250, 252, 254 may be embodied as radio-frequency or infrared transceivers, for example. In some embodiments, the readers/receiver(s) 250, 252, 254 may be configured to also recognize and/or receive data signals transmitted by reference sensors 260, 262, 264, which are, illustratively, mounted to, in, or on a support surface 210. For instance, the reference sensors 260, 262, 264 may be installed adjacent a top portion of the each of the zones 228, 230, 232 of the surface 210 as shown in FIGS. 2-3. The readers/receiver(s) 250, 252, 254 communicate the data signals received from the body mounted sensors 114, 116, 118, 120, 122 and the reference sensors 260, 262, 264 to the person support apparatus control system 140 via the communications link 142.” And [0053] discussing converting signal strength to distance, interpreted as determining a first distance between the first tag, for example tag 114 and the first transceiver for example transceiver 250).
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 51-67 are rejected under 35 U.S.C. 103 as being unpatentable over Wiggermann et al. (US 2018/0089979 A1) (“Wiggermann”) in view of Collins, JR. et al. (US 2017/0372025 A1) (“Collins”).
Regarding claim 51, Wiggermann discloses The patient support apparatus of claim 50 Wiggermann fails to disclose wherein the controller is further adapted to determine whether a second tag attached to a medical device should be associated with at least one of the patient or the patient support apparatus using communications between the second tag and the first transceiver.
However, in the same field of endeavor, Collins teaches wherein the controller is further adapted to determine whether a second tag attached to a medical device should be associated with at least one of the patient or the patient support apparatus using communications between the second tag and the first transceiver (FIG. 9 and associated paragraphs, see at least [0029], RF tag attached to a medical device [0070], [0076], [0090] – [0094] discussing associating a medical device to a patient or patient support apparatus using rf communications).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify the apparatus as taught by Wiggermann to include wherein the controller is further adapted to determine whether a second tag attached to a medical device should be associated with at least one of the patient or the patient support apparatus using communications between the second tag and the first transceiver as taught by Collins to reduce data entry needs by associating patients and medical devices ([0091], “Accordingly, to reduce the need for caregivers to perform a lot of computer data entry to associate devices 12 with patients, this disclosure contemplates various device-to-patient (or device-to-bed) association methods.”).
Regarding claim 52, Wiggermann as modified discloses The patient support apparatus of claim 51 Wiggermann as modified further discloses further comprising: a second transceiver coupled to a second location on the patient support apparatus; a third transceiver coupled to a third location on the patient support apparatus (Wiggermann FIG. 1 and [0043], “As such, the readers/receiver(s) 250, 252, 254”); and
wherein the controller is also adapted to use communications between the first tag and the second and third transceivers to both monitor movement of the patient and to determine whether the second tag should be associated with the at least one of the patient or the patient support apparatus (Collins FIG. 9 and associated paragraphs, see at least [0029], RF tag attached to a medical device [0070], [0076], [0090] – [0094] discussing associating a medical device to a patient or patient support apparatus using rf communications using multiple transceivers).
Regarding claim 53, Wiggermann as modified discloses The patient support apparatus of claim 52 Wiggermann as modified further discloses wherein the controller is further adapted to use radio frequency (RF) communications between the first tag and the first, second, and third transceivers to determine a first three dimensional position of the first tag (Wiggermann [0037] RF and [0051 - 0053] discussing converting signal strength to distance, between each tag and each transceiver),
the controller further adapted to use radio frequency (RF) communications between the second tag and the first, second, and third transceivers to determine a second three dimensional position of the second tag (Collins FIG. 9 and associated paragraphs, see at least [0029], RF tag attached to a medical device [0070], [0076], [0090] – [0094] discussing associating a medical device to a patient or patient support apparatus using rf communications using multiple transceivers, to determine a location of a second tag, interpreted as the second 3d position).
Regarding claim 54, Wiggermann as modified discloses The patient support apparatus of claim 53 Wiggermann as modified further discloses further comprising a control panel including a display and an exit detection control adapted to arm an exit detection system (Wiggermann [0039], “For instance, the user interface/controls sub-system 180 may process user-supplied inputs from a touch screen graphical display, a microphone, audio speakers, buttons, dials, slides, switches and the like, or any combination thereof and/or other suitable user control mechanisms….In this way, body position data collected and analyzed by the remote-coupled body position monitoring system 150, and/or notifications relating thereto, may be displayed or otherwise presented to a caregiver, incorporated into e.g. closed-loop control algorithms for the operation of the person support apparatus 110, or transmitted to a remote device (such as a caregiver's mobile computing device, a nurse's station, or a similar device connected to a healthcare facility's nurse call system).” And [0032], [0035] discussing exit detection);
wherein the controller is further adapted to receive a first identifier from the first tag and to allow the exit detection system to be armed only if both of the following conditions are met: (1) the three dimensional position of the first tag is inside a first volume of space, and (2) the first identifier indicates that the first tag is able to be used for monitoring patient exits (Wiggermann [0032], [0035] discussing exit detection if the patient is in the bed and see also [0060] and ceasing sensing if the patient has exited, thus, monitoring if the identifier of the tag is within a first space, patient on the bed, and the identifier identifying the patient in the bed and ready for monitoring see also [0050 – 0053]).
Regarding claim 55, Wiggermann as modified discloses The patient support apparatus of claim 53 Wiggermann as modified further discloses wherein the first, second, and third transceivers are ultra-wideband transceivers (Colins, [0009]).
Regarding claim 56, Wiggermann as modified discloses The patient support apparatus of claim 55 Wiggermann as modified further discloses wherein the controller is further adapted to determine if the second three dimensional position is located within a volume of space defined in a fixed relationship to the patient support apparatus (Collins FIG. 9 and associated paragraphs, see at least [0029], RF tag attached to a medical device [0070], [0076], [0090] – [0094] discussing associating a medical device to a patient or patient support apparatus using rf communications using multiple transceivers, to determine a location of a second tag, interpreted as the second 3d position and within a range of distance to the patient support apparatus or fixed volume of space).
Regarding claim 57, Wiggermann as modified discloses The patient support apparatus of claim 56 Wiggermann as modified further discloses wherein the controller is further adapted to automatically associate the second tag with the patient support apparatus if the second three dimensional position is inside the volume of space, and to not automatically associate the second tag with the patient support apparatus if the second three dimensional position is outside the volume of space (Collins FIG. 9 and associated paragraphs, see at least [0029], RF tag attached to a medical device [0070], [0076], [0090] – [0094] discussing associating a medical device to a patient or patient support apparatus using rf communications using multiple transceivers, to determine a location of a second tag, interpreted as the second 3d position and within a range of distance to the patient support apparatus or fixed volume of space).
Regarding claim 58, Wiggermann as modified discloses The patient support apparatus of claim 57 Wiggermann as modified further discloses further comprising a fourth transceiver adapted to communicate with server, and wherein the controller is adapted to send a message to the server indicating that the second tag is associated with the patient support apparatus if the second three dimensional position is inside the volume of space (Collins FIG. 9 and associated paragraphs, see at least [0029], RF tag attached to a medical device [0070], [0076], [0090] – [0094] discussing associating a medical device to a patient or patient support apparatus using rf communications using multiple transceivers, to determine a location of a second tag, interpreted as the second 3d position and within a range of distance to the patient support apparatus or fixed volume of space).
Regarding claim 59, Wiggermann as modified discloses The patient support apparatus of claim 55 Wiggermann as modified further discloses wherein the first, second, and third transceivers are further adapted to communicate with a wall unit affixed to a wall of a healthcare facility at a known location, and wherein the controller is adapted to determine a position of the patient support apparatus within the healthcare facility using communications between the wall unit and the first, second, and third transceivers (Collins FIG. 9 and associated paragraphs, see at least [0029], RF tag attached to a medical device [0070], [0076], [0090] – [0094] discussing associating a medical device to a patient or patient support apparatus using rf communications using multiple transceivers, to determine a location of a second tag, interpreted as the second 3d position and within a range of distance to the patient support apparatus or fixed volume of space).
Regarding claim 60, Wiggermann as modified discloses The patient support apparatus of claim 52 Wiggermann as modified further discloses wherein the controller is adapted to determine at least one of the following from monitoring movement of the patient on the support surface: (1) whether the patient has exited from the patient support apparatus; or (2) how frequently the patient moves while positioned on the support surface (Wiggermann [0032], [0035] discussing exit detection if the patient is in the bed and see also [0060] and ceasing sensing if the patient has exited, thus, monitoring if the identifier of the tag is within a first space, patient on the bed, and the identifier identifying the patient in the bed and ready for monitoring see also [0050 – 0053]).
Regarding claim 61, Wiggermann as modified discloses The patient support apparatus of claim 55 Wiggermann as modified further discloses further comprising a control panel, the control panel including a patient monitoring control in communication with the controller, wherein when the user activates the patient monitoring control, the controller is adapted to monitor the first three dimensional position of the first tag and determine a cumulative amount of movement of the first tag (Wiggermann [0039] UI and [0046] activating features and [0033] discussing quantity and frequency of movement).
Regarding claim 62, Wiggermann as modified discloses The patient support apparatus of claim 61 Wiggermann as modified further discloses further comprising a fourth transceiver adapted to communicate with server, and wherein the controller is adapted to send a message to the server if the cumulative amount of movement of the first tag over a first period of time does not exceed a first threshold (Wiggermann [0055], “In some embodiments, the body activity monitor 422 may monitor the data signals from the body position detector 410, the body position detector 420, or both, to determine the person 112's degree and/or frequency of movement over time. The body activity monitor 422 may compare the person 112's body movement data to one or more defined thresholds to determine whether the person 112's level of activity has increased or decreased to the point that it warrants attention from, e.g., a caregiver.”).
Regarding claim 63, Wiggermann as modified discloses The patient support apparatus of claim 62 Wiggermann as modified further discloses wherein the first period of time and the first threshold are selected to assist in preventing bed sores from developing on the patient (Wiggermann [0055], “In some embodiments, the body activity monitor 422 may monitor the data signals from the body position detector 410, the body position detector 420, or both, to determine the person 112's degree and/or frequency of movement over time. The body activity monitor 422 may compare the person 112's body movement data to one or more defined thresholds to determine whether the person 112's level of activity has increased or decreased to the point that it warrants attention from, e.g., a caregiver.” Movement below a threshold to indicate needing care is interpreted as assist in preventing bed sores).
Regarding claim 64, Wiggermann as modified discloses The patient support apparatus of claim 61 Wiggermann as modified further discloses further comprising a fourth transceiver adapted to communicate with server, and wherein the controller is adapted to send a message to the server if the cumulative amount of movement of the first tag over a second period of time exceeds a second threshold (Wiggermann [0055], “In some embodiments, the body activity monitor 422 may monitor the data signals from the body position detector 410, the body position detector 420, or both, to determine the person 112's degree and/or frequency of movement over time. The body activity monitor 422 may compare the person 112's body movement data to one or more defined thresholds to determine whether the person 112's level of activity has increased or decreased to the point that it warrants attention from, e.g., a caregiver.”).
Regarding claim 65, Wiggermann as modified discloses The patient support apparatus of claim 64 Wiggermann as modified further discloses wherein the second period of time and the second threshold are selected to assist in identifying patient restlessness (Wiggermann [0055], “In some embodiments, the body activity monitor 422 may monitor the data signals from the body position detector 410, the body position detector 420, or both, to determine the person 112's degree and/or frequency of movement over time. The body activity monitor 422 may compare the person 112's body movement data to one or more defined thresholds to determine whether the person 112's level of activity has increased or decreased to the point that it warrants attention from, e.g., a caregiver.” Above a movement threshold to warrant attention is interpreted as indicating restlessness).
Regarding claim 66, Wiggermann as modified discloses The patient support apparatus of claim 53 Wiggermann as modified further discloses wherein the controller is further adapted to use the first three dimensional position of the first tag to determine if the patient has been turned by a caregiver (Wiggermann [0057], “(e.g., whether a turn assist, lateral rotation, or pulmonary therapy feature is active and/or the parameters of any such active feature), or the current air pressures in one or more of the zones 228, 230, 232 of the surface 210.” See also [0008], [0032], [0047]).
Regarding claim 67, Wiggermann as modified discloses The patient support apparatus of claim 66 Wiggermann as modified further discloses further comprising a fourth transceiver adapted to communicate with server, and wherein the controller is adapted to send a message to the server indicating if the patient has been turned by the caregiver (Wiggermann [0057], “(e.g., whether a turn assist, lateral rotation, or pulmonary therapy feature is active and/or the parameters of any such active feature), or the current air pressures in one or more of the zones 228, 230, 232 of the surface 210.” See also [0008], [0032], [0047]) (Wiggermann [0057], “(e.g., whether a turn assist, lateral rotation, or pulmonary therapy feature is active and/or the parameters of any such active feature), or the current air pressures in one or more of the zones 228, 230, 232 of the surface 210.” See also [0008], [0032], [0047]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A TOMBERS whose telephone number is (571)272-6851. The examiner can normally be reached on M-TH 7:00-16:00, F 7:00-11:00(Eastern).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Chen can be reached on 571-272-3672. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH A TOMBERS/Examiner, Art Unit 3791