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 .
Response to Amendment
Applicant has amended the independent claims 1 and 13 to add new issues which require additional search consideration. The corresponding new rejections are shown below.
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 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 1-10 and 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nahavandi et al (US 20210045951 A1) in view of Hayes (US 20190350529 A1).
Regarding claim 1, Nahavandi discloses in figures 1-20 a patient support apparatus (20) comprising: a support surface (30) adapted to support a patient thereon (Fig.1); a plurality of force sensors (54) adapted to detect downward forces exerted (para [0035]) on the support surface (30); a control (126) adapted to record a patient weight (para [0053] and [0075]) when activated by a caregiver (ex: caregiver); a memory (ex: a memory on the patient support apparatus ); a display (72); and a controller (66) adapted to record (Fig.6) in the memory an initial patient weight corresponding to a first time the caregiver uses the control (126) to record a particular patient's weight (para [0052]), the controller (66) further adapted to thereafter automatically compare a current patient weight to the initial patient weight (para [0054] and [0055]) and to provide a notification to the caregiver if the current patient weight differs from the initial patient weight by more than a threshold(para [0055] and Fig. 6), the controller (66) still further adapted to display a threshold selection (para [0055]) screen on the display (72), the threshold selection screen adapted to allow the caregiver to adjust the threshold (para [0076]).
Nahavandi fails to explicitly disclose repetitively measure a patient's current weight without activation of the control by the caregiver; the controller further adapted to automatically compare.
Hayes teaches repetitively measure a patient's current weight without activation of the control by the caregiver (para [0010] and [0028]); the controller (56) further adapted to automatically compare (para [0004]).
It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to use Nahavandi’s patient support apparatus with Hayes’ controller because Hayes’ controller will enable communication between the plurality of force sensors and improve real-time analysis of signals needed for the care of patients.
Regarding claim 2, Nahavandi discloses in figures 1-20 the patient support apparatus (20) further comprising a new patient control (128) adapted to be activated by the caregiver when a new patient (ex: the zero control 128 is often used before placing a new patient; para [0067]) is assigned to the patient support apparatus (20), wherein the controller (66) is further adapted to erase the initial patient weight (ex: the controller 66 is operable to delete previous patient weight data) of the particular patient when the new patient control (128) is activated (para [0067]).
Regarding claim 3, Nahavandi discloses in figures 1-20 the patient support apparatus (20) wherein the controller (66) is further adapted to store in the memory a new initial patient weight (para [0052] and [0053]) corresponding to a first time (para [0066] and [0067]) the caregiver uses the control (126) to record a new patient's weight, and wherein the controller (66) is further adapted to thereafter automatically compare a current weight of the new patient to the new initial patient weight (para [0055] and [0056]) and to provide the notification to the caregiver if the current weight of the new patient differs from the new initial patient weight by more than the threshold (para [0055] and Fig.6).
Regarding claim 4, Nahavandi discloses in figures 1-20 the patient support apparatus (20) wherein the controller (66) is further adapted to display a patient weight gain/loss (para [0050] and [0071]) indicator on the display (72), the patient weight gain/loss indicator (132) providing an indication (134) to the caregiver of a difference between the current patient weight and a last saved patient weight (Figs. 7-11 and para [0071]), wherein the last saved patient weight corresponds to a weight of the patient recorded (para [0053], [0063] and [0071]) when the caregiver most recently activated the control (126).
Regarding claim 5, Nahavandi discloses in figures 1-20 the patient support apparatus (20) further comprising a network transceiver adapted to communicate with a server hosted on a healthcare facility computer network (para [0037]), and wherein the controller (66) is further configured to send a notification message (158) to the server if the current patient weight differs from the initial patient weight by more than the threshold (para [0079]).
Regarding claim 6, Nahavandi discloses in figures 1-20 the patient support apparatus (20) wherein the controller (66) is further adapted to display an adaptive threshold option (156) on the display (72), wherein if the caregiver selects the adaptive threshold option (156), the controller (66) is further adapted to switch to providing the notification (158) to the caregiver if the current patient weight differs from the initial patient weight by more than an adaptive threshold (para [0075]-[0079]).
Regarding claim 7, Nahavandi discloses in figures 1-20 the patient support apparatus (20) wherein the controller (66) is adapted to select a value for the adaptive threshold that is based on fluctuations in the patient's weight over a time period (para [0075] to [0077]).
Regarding claim 8, Nahavandi discloses in figures 1-20 the patient support apparatus (20) wherein the controller (66) is further adapted to determine a mean absolute deviation of the fluctuations and to select the value for the adaptive threshold based on the mean absolute deviation of the fluctuations (para [0055] and [0075] to [0077]).
Regarding claim 9, Nahavandi discloses in figures 1-20 the patient support apparatus (20) wherein the controller (66) is further adapted to select the value for the adaptive threshold that is greater than the mean absolute deviation (ex: para [0055]).
Regarding claim 10, Nahavandi discloses in figures 1-20 the patient support apparatus (20) wherein the controller (66) is further adapted to increase the time period (para [0063] and [0076]).
Regarding claim 13, Nahavandi discloses in figures 1-20 a patient support apparatus (20) comprising: a support surface (30) adapted to support a patient (Fig.1) thereon; a plurality of force sensors (54) adapted to detect downward forces exerted (para [0035]) on the support surface (30); a control (126) adapted to record a patient weight (para [0053] and [0075]) when activated by a caregiver (ex: caregiver); a memory (ex: a memory on the patient support apparatus ); a display (72); and a controller (66) adapted to record (Fig.6) in the memory an initial patient weight corresponding to a first time the caregiver uses the control (126) to record a particular patient's weight (para [0052]), the controller (66) further adapted to thereafter automatically compare a current patient weight to the initial patient weight (para [0054] and [0055]) and to provide a notification to the caregiver if the current patient weight differs from the initial patient weight by more than an adaptive threshold(para [0076]), wherein the controller (66) is adapted to select a value for the adaptive threshold that is based on fluctuations in the patient's weight over a time period (para [0076]).
Nahavandi fails to explicitly disclose repetitively measure a patient's current weight without activation of the control by the caregiver; the controller further adapted to automatically compare.
Hayes teaches repetitively measure a patient's current weight without activation of the control by the caregiver (para [0010] and [0028]); the controller (56) further adapted to automatically compare (para [0004]).
It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to use Nahavandi’s patient support apparatus with Hayes’ controller because the controller is in communication with the plurality of force sensors and adapted to analyze in real-time the signals needed for the care of patients.
Regarding claim 14, Nahavandi discloses in figures 1-20 a patient support apparatus (20) wherein the controller (66) is further adapted to determine a mean absolute deviation of the fluctuations (para [0055] and [0076]) and to select the value for the adaptive threshold based on the mean absolute deviation of the fluctuations (para [0055] and [0076]).
Regarding claim 15, Nahavandi discloses in figures 1-20 a patient support apparatus (20) wherein the controller (66) is further adapted to select the value for the adaptive threshold that is greater than the mean absolute deviation (para [0055]).
Regarding claim 16, Nahavandi discloses in figures 1-20 a patient support apparatus (20) wherein the controller (66) is further adapted to increase the time period (para [0071 to 0077]).
Regarding claim 17, Nahavandi discloses in figures 1-20 a patient support apparatus (20) further comprising a new patient control (128) adapted to be activated by the caregiver when a new patient (ex: the zero control 128 is often used before placing a new patient; para [0067]) is assigned to the patient support apparatus (20), wherein the controller (66) is further adapted to erase the initial patient weight of the particular patient when the new patient control (128) is activated (para [0067]).
Regarding claim 18, Nahavandi discloses in figures 1-20 a patient support apparatus (20) wherein the controller (66) Nahavandi discloses in figures 1-20 the patient support apparatus (20) wherein the controller (66) is further adapted to store in the memory a new initial patient weight (para [0052] and [0053]) corresponding to a first time (para [0066] and [0067]) the caregiver uses the control (126) to record a new patient's weight, and wherein the controller (66) is further adapted to thereafter automatically compare a current weight of the new patient to the new initial patient weight (para [0055] and [0056]) and to provide the notification to the caregiver if the current weight of the new patient differs from the new initial patient weight by more than the adaptive threshold (para [0076]).
Regarding claim 19, Nahavandi discloses in figures 1-20 the patient support apparatus (20) wherein the controller (66) is further adapted to display a patient weight gain/loss (para [0050] and [0071]) indicator on the display (72), the patient weight gain/loss indicator (132) providing an indication (134) to the caregiver of a difference between the current patient weight and a last saved patient weight (Figs. 7-11 and para [0071]), wherein the last saved patient weight corresponds to a weight of the patient recorded (para [0053], [0063] and [0071]) when the caregiver most recently activated the control (126).
Regarding claim 20, Nahavandi discloses in figures 1-20 a patient support apparatus (20) Nahavandi discloses in figures 1-20 the patient support apparatus (20) further comprising a network transceiver adapted to communicate with a server hosted on a healthcare facility computer network (para [0037]), and wherein the controller (66) is further configured to send a notification message (158) to the server if the current patient weight differs from the initial patient weight by more than the adaptive threshold (para [0037], [0055], [0069], [0076] and [0079]).
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Nahavandi et al in view of Hayes and in further view of Sukumaran et al (US 20210052197 A1).
Regarding claim 11, Nahavandi discloses in figures 1-20 the patient support apparatus (20) wherein the threshold selection screen (para [0054] and [0055]); repositioned by the caregiver (ex: caregiver); and wherein the caregiver adjusts the threshold (para [0076]); Nahavandi and Hayes fails to explicitly disclose a slider icon; by sliding the slider icon.
Sukumaran teaches a slider icon (170, 172); by sliding the slider icon (Fig.29, para [0135]).
It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to use Nahavandi and Hayes patient support apparatus with Sukumaran’s slider icon because this will make it more convenient for the caregiver to select the desired threshold values.
Regarding claim 12, Nahavandi discloses in figures 1-20 the patient support apparatus (20); within a range of values for the threshold (para [0076]), and wherein the range includes values between at least one and two kilograms (the range includes values from 1.3 kg to 2 kg, para [0071] and [0075]). Nahavandi and Hayes fails to explicitly disclose wherein the slider icon is adapted to slide.
Sukumaran teaches the slider icon (170, 172) is adapted to slide (para [135], Fig.29).
It would have been obvious to one of ordinary skill, in the art before the effective filing date of the claimed invention, to use Nahavandi and Hayes patient support apparatus with Sukumaran’s slider icon because this will make it more convenient for the caregiver to select the desired threshold values.
Conclusion
THIS ACTION IS MADE FINAL. 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 MIREILLE SANDRA SADATE-MOUALEU whose telephone number is (571)272-2862. The examiner can normally be reached Mon-Fri 0730-1700.
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/MIREILLE S SADATE-MOUALEU/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855
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