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 .
The current application has the effective filing date of 07/09/2021 according to the priority chain on the record.
Claim Status
As per preliminary claim amendment received on 06/28/2024, claims 1-20 are pending; claims 3-6, 8-9, 11-16 and 19 have been amended, and claim 24-24 have been cancelled.
Specification Objection
The use of the terms: “Bluetooth”, “Zigbee” and “LoRa”, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; further more the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM, or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Objection
Claim 1 is objected to because of the following informalities:
To claim 1, there should be a punctuation following “network access point” in line 10, before “wherein…”
Further regarding claim 1, lines 20-22, the term “each other” should be removed from “…in the mesh network each other updated information for…”
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.
Claims 4, 7, 10 and 14 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.
Regarding claim 4, the claim term “the sensor of a further monitoring device” lacks proper antecedent basis, “the” should be replaced with “a.”
To claim 7, the trademarks: “Bluetooth”, “Zigbee” and “LoRa” make the claim vague and indefinite. The Applicant is required to amend using proper format, see MPEP 2173.05(u).
In claim 10, the last line, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
In claim 14, the last line, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9, 11-12 and 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hayes et al. US 2018/0185221 A1 (hereinafter “Hayes”, applicant’s IDS).
Regarding claim 1, Hayes disclose a monitoring device (Fig.1: patient support 20 and mesh network node 84) configured to be associated with a support (patient support apparatus 20; [0046]) to monitor a presence of a subject on the support (see Abstract), the monitoring device (84) comprising:
a sensor (bed exit detection system 106 comprising load cells 108) configured to collect sensing data on the presence of the subject on the support ([0051, 0056, 0066] transceiver 64 of node 84 receives sensor data regarding a patient’s presence on support 20); and
a network gateway (bed 20a comprises node 84 in a mesh network 86, exemplary as shown in Figs. 3-4) configured to:
receive the sensing data from the sensor and transmit the sensing data to an external network access point (Fig. 3: node 84 receiving and then transmitting sensor data to hospital access point 68; see [0061]);
receive auxiliary monitoring data from one or more than one auxiliary sensor (Fig. 7 devices 1-4, or 110a-11b) external to the monitoring device (Fig.7 and [0023], a current bed 20r and corresponding node 84r is able to receive “auxiliary monitoring data” from “auxiliary sensor) and transmit the auxiliary monitoring data to the external network access point (see Fig. 7, bed 20r represented by node 84r is able to receive and transmit sensor data to access point 68) wherein the network gateway (84a) is further configured to form a node (e.g. 84a-84f,) in a mesh network ([0046, 0061] forming a node in mesh network 86) comprising the monitoring device (20a comprising node 84a) and one or more than one further monitoring device (20b-f, comprising corresponding nodes 84b-f) to transmit at least one of the sensing data and the auxiliary monitoring data to the external network access point (access point 68; see Fig. 3 and [0061]), either directly from the network gateway of the monitoring device (or via a further network gateway of the one or more than one further monitoring device (see Fig. 3-4 and [0066, 0069], the double ended arrows indicated transmitting/communicating directly or indirectly between various nodes 84a-84f to and from the access point 68. Also see [0046, 0070] each node 84 relay and forward information it receives from other nodes onto still other nodes and eventually to access point 68 either directly or indirectly); and
wherein the network gateway (node 84) is further configured to transmit auxiliary identification data associated with at least one of the auxiliary sensor and the subject along with the auxiliary monitoring data ([0063: last sentence] relay and forwarded information within the mesh network 86 includes current status of each node 84, patient ID, and support device ID; also see [0008, 0013, 0021, 0101]);
wherein the monitoring device (20 and 84) is configured with serverless capabilities (inherent: stores and transmits/communicates without a server) to gather information on current statuses of monitoring devices within the mesh network ([0006] shared information between each support device 20, includes operational status of each other support device within the mesh network; also see [0074] each node 84 in the mesh network 86 regularly updates its communication abilities and status), and
wherein the monitoring device is configured to send other monitoring devices in the mesh network each other updated information for at least one or all of the monitoring devices to maintain an overview of the present statuses of each of the monitoring devices connected to the mesh network ([0074] “Each node 84 of mesh network 86 is configured to dynamically and regularly update its communication abilities and/or status so that the routing of data through mesh network 86 is dynamically adapted to changing conditions”; also see [0063, 0070]) when transmitting at least one of the sensing data and the auxiliary monitoring data to the external network access point is interrupted ([0065] a particular apparatus 20s and node 84 initially broadcasts an updated condition, including congestion and/or signal strength with an access point 68 that the node is experiencing; this information is received and then forwarded by other nodes 84. In here, congestion and signal strength between said node 84 and the access point 68 is interpreted as “interrupt” in this claim. Also see [0075]).
Regarding claim 2, Hayes discloses the monitoring device (20 and 84) of claim 1, wherein the monitoring device is further configured to be arranged under a support surface (support deck 30) of the support in retrofit. (see [0046] each node 84 is coupled to a support 20 and its support deck 30)
Regarding claim 3, Hayes discloses the monitoring device of claim 1, wherein the monitoring device (20 and 84) is a flat elongated object configured to be placed between a structural frame of the support and a mattress or seat of the support. ([0056: first 3 sentences] the monitoring device including the node 84 and sensing system is configured as an interface pressure sensing sheet position on top of a mattress on the patient support apparatus 20.)
Regarding claim 4, Hayes discloses the monitoring device of claim 1, wherein the one or more than one auxiliary sensor comprises the sensor of a further monitoring device. (see Fig. 7: Devices 1-4 external and can be coupled to other apparatus 20s or nodes, this is taken to encompass “sensor of a further monitoring device” in the claim, see [0099-0100])
Regarding claim 5, Hayes discloses the monitoring device of claim 3, wherein at least one of:
the monitoring device is further configured to detect its displacement within the mesh network ([0074-0075] detecting and updating movement of individual node within the mesh network 86) and delay reconfiguration of routes within the mesh network until displacement of the monitoring device has ended ([0055: last 3 sentences] determining alternative routes or rerouting); and
the monitoring device is further configured to detect displacement of a further monitoring device within the mesh network ([0074-0075] detecting and updating movement of individual node within the mesh network 86) and delay reconfiguration of routes within the mesh network until displacement of the further monitoring device has ended or connectivity with the further monitoring device is below a predetermined threshold ([0055: last 3 sentences] determining alternative routes or rerouting; and [0061: last sentence] selecting routes or rerouting by comparing signal strength to a predetermined threshold)
Regarding claim 6, Hayes discloses the monitoring device of claim 1, wherein the network gateway is further configured to select at least one of:
a first communication protocol (first transceiver 64) to transmit at least one of the sensing data and the auxiliary monitoring data to the external network access point ([0052] a first transceiver 64 and second transceiver 66, are taken to encompass the “first communication protocol” and “second communication protocol” respectively, in this claim. [0066: last sentence] “…data from one or more medical devices that are either supported on apparatus 20, or in communication with apparatus 20 (such as via first transceiver 64)”);
the first communication protocol (first transceiver 64) or a second communication protocol (second transceiver 66) to receive auxiliary monitoring data from a further monitoring device comprised by the one or more than one auxiliary sensor (see immediately above, and Fig. 7and [0071-0072] alternating between 64 or 66 for communication based on best available route or signal strength); and
the first communication protocol, the second communication protocol or a third communication protocol to receive auxiliary monitoring data from at least one auxiliary sensor from among the one or more than one auxiliary sensor not being a further monitoring device and/or to communicate with a user terminal. (This limitation does not need to be met by the reference because it is an alternative based on “at least one of… and…” limitation)
Regarding claim 7, Hayes discloses the monitoring device of claim 6, wherein at least one of:
the first communication protocol is selected from a group comprising an IEEE 802.3 based protocol, an IEEE 802.11 based protocol, WLAN, Wi-Fi, 2.4 GHz band Wi-Fi, 5 GHz band Wi-Fi, 4G and 5G ([0052] “in one embodiment, … while the second transceiver 66 is adapted to transmit and receive wireless electrical signals using the Wi-Fi protocol, or the IEEE 802.11 protocol.”);
the second communication protocol is selected from a group comprising an IEEE 802.15.4 based protocol, a meshing protocol, WLAN, Wi-Fi, 2.4 GHz band Wi-Fi, 5 GHz band Wi-Fi, 868 MHz band wireless meshing, 915 MHz wireless meshing and 434 MHz wireless meshing ([0052] “in one embodiment, first transceiver 64 is adapted to transmit and receive wireless electrical signals using the Zigbee protocol, or the IEEE 802.15.4 protocol…”); and
the third communication protocol is selected from a group comprising an IEEE 802.15.4 based protocol, WLAN, Wi-Fi, 2.4 GHz band Wi-Fi, 5 GHz band Wi-Fi, Bluetooth, BLE, Zigbee, LoRa, RFID and NFC. (This limitation does not need to be met by the reference because it is an alternative based on “at least one of… and…” limitation. But Hayes alternatively teaches in [0052] “In other embodiments, first transceiver 64 uses the Zigbee or IEEE 802.15.4 protocol while second transceiver 66 is adapted to transmit and receive electrical signals over a wire or cable connected to patient support apparatus 20”)
Regarding claim 8, Hayes discloses the monitoring device of claim 7, wherein the network gateway comprises at least one of:
a first microchip configured to execute at least the first communication protocol ([0052] transceiver 64 and [0048: 1st sentence] each communications controller is a systems on a chip; this is taken to encompass “microchip” in this claim);
a second microchip configured to execute at least the second communication protocol ([0052] transceiver 66, and [0048: 1st sentence] each communications controller is a systems on a chip; this is taken to encompass “microchip” in this claim); and
a third microchip configured to execute at least the third communication protocol (This limitation does not need to be met by the reference because it is an alternative based on “at least one of… and…” limitation. But Hayes alternatively teaches an alternative transceiver configuration in [0052: last 2 sentences] which can be interpreted to encompass “third microchip” in this claim).
Regarding claim 9, Hayes discloses the monitoring device of claim 1, wherein the network gateway (node 84) is further configured to establish communication with a backup external network access point ([0065] reselecting an alternative recipient when the initial recipient is sub-optimal, e.g. communication strength below a desired threshold level) when connectivity to the external network access point falls below a reliability threshold ([0061: last sentence] selecting recipients and finding routes with signal strength above a predetermined threshold).
Regarding claim 11, Hayes discloses the monitoring device of claim 1, wherein the network gateway (node 84) is further configured to transmit identification data associated with at least one of the support (20) and the subject along with the sensing data. ([0013, 0101] associating patient identification and support apparatus identification; also see [0063: last sentence] relay and forwarded information within the mesh network 86 includes current status of each node 84, patient ID, and support device ID)
Regarding claim 12, Hayes discloses the monitoring device of claim 1, wherein the network gateway (node 84) is further configured to transmit routing data associated with a communication route selected for transmission to the external network access point (68) along with at least one of the sensing data and the auxiliary monitoring data. (See Figs. 8a and 8B illustrates original path and selecting a new path; also see and [0055, 0064-0065] current status and path information are broadcasted/shared, such that the best route is selected for transmitting data to access point 68)
Regarding claim 14, Hayes discloses the monitoring device of claim 1, wherein the sensor comprises at least one of:
a radio-frequency identification reader ([0013] RF identification);
a near-field communication reader (This limitation does not need to be met by the reference because it is an alternative based on “at least one of… and…” limitation); and
a pressure sensor ([0056] an interface pressure sensing sheet), preferably an array of pressure sensors (this limitation is rejected under 35 USC 112(b), a plurality or array of load cells 108 such as shown in Fig. 2).
Regarding claim 15, Hayes discloses the monitoring device of claim 1, wherein the one or more than one auxiliary sensor comprises at least one of:
an alarm unit configured for activation by the subject;
an incontinence sensor configured to be worn by the subject;
an localization sensor configured to localize the subject when not present on the support; and
an audio device configured for speech communication between the subject and a healthcare provider. (see [0011, 0055] external sensor can be medical devices, e.g. vital sign or patient support sensors; and [0060: middle] alarm device)
Regarding claim 16, Hayes discloses an assembly (Figs. 1-2) comprising: a monitoring device (20) according to claim 1 (see rejection to claim 1 above); and a support (20 and 30), wherein the monitoring device is associated with the support. (Figs. 3-4)
Regarding claim 17, Hayes discloses an assembly of claim 16, wherein the monitoring device (20) is at least one of: arranged under a support surface (30) of the support; and embedded in the support. (see Figs. 1-2 and [0066] incorporated as part of the bed 20, or detachable as discussed in [0104])
Regarding claim 18, Hayes discloses an assembly of claim 16, wherein: the support comprises a structural frame and a mattress or seat (see Fig. 1: apparatus 20, frame 28 and mattress-not shown, also see [0043]); and the monitoring device is a flat elongated object placed between the structural frame and the mattress or seat. ([0066, 0104] incorporated or detachable relative to bed 20)
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Hayes as applied to claim 1 above.
Regarding claim 10, Hayes discloses the monitoring device of claim 9, wherein the network gateway (node 84) is further configured to: communicate with the external network access point (68) via an IEEE 802.11 based communication protocol ([0052] IEEE 802.11). Hayes also discloses using Wi-Fi, and cellular networks for wireless transmission ([0060] “Such wireless communication technology may include the forwarding of alerts via cell phones, WIFI devices, pagers, personal digital assistants (PDAs), or by other means.” Also see [0090: last sentence]), but does not explicitly disclose communicate with the backup external network access point via a telecommunication communication protocol such as 4G or 5G. It would have been obvious to a person of ordinary skill in the art at the time of invention to include 4G and/or 5G networks, because 4G and 5G were known and available wireless cellular technology at the time of Hayes’s invention.
Claims 13 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hayes as applied to claim 1 above, and in view of Lemire et al. US 2007/0157385 A1 (hereinafter “Lemire”)
Regarding claim 13, Hayes discloses the device of claim 1, wherein the movement and/or displacement of each support 20 and corresponding network gateway (node 84) to a different location is monitored and reported such that an updated list of current status of each node is maintained ([0074]); but Hayes does not explicitly disclose a motion sensor configured to collect displacement data of the monitoring device.
Lemire, another prior art reference in the analogous art of hospital beds, discloses a patient support system (100) comprising a patient bed (as shown in Figs. 1-8) comprising a patient presence/exit monitoring device ([0562] and Fig. 8A: load cells), communications circuitry for communications with a hospital network (Fig. 8A and [0566] including mesh network setting), and location system for locating beds within a facility/hospital and also a motion detector for detecting when the bed is moved into or away from an associated bay location ([0564]). Accordingly, it would have been obvious to a person of ordinary skill in the art at the time of invention to modify Hayes to further include the location system and/or motion detector in view of Lemire, the motivation for doing so is to provide a detection the movement and for locating a particular monitoring device and/or its corresponding patient support within a facility, for updating housekeeping and/or communication routes (Hayes: [0074-0075] updating current status and location of each node).
Regarding claims 19 and 10, Hayes discloses an assembly of claim 16, Hayes patient supports 20 and corresponding network gateways (node 84s) as shown in Figs. 2-4. It is common sense to a person of ordinary skill in the art that the discussed operations of communications and patient monitoring would require the patient support apparatus and/or the node to have power source (as shown in Figs. 2 and 9). But Hayes does not explicitly disclose wherein the support is connectable to an external power source to power the monitoring device and wherein the support further comprises a battery chargeable via the external power source and configured to power the monitoring device.
Lemire, another prior art reference in the analogous art of hospital beds, discloses a patient support system (100) comprising a patient bed (as shown in Figs. 1-8) comprising a patient presence/exit monitoring device ([0562] and Fig. 8A: load cells), communications circuitry for communications with a hospital network (Fig. 8A and [0566] including mesh network setting). Lemire further discloses the patient bed is connectable to an external power source to power the patient bed and its electric components ([0348-0349] connectable to external power source, e.g. AC power); and wherein the patient support further comprises a battery chargeable via the external power source and configured to power the patient support and its electric components ([0348-0349] connectable to external power source, e.g. AC power, for charging internal battery). Accordingly, it would have been obvious to a person of ordinary skill in the art at the time of invention to modify Hayes in view of Lemire, so as to make the patient support apparatus connectable to an external source to charge its battery, this way the patient support apparatus 20 and its electric components would have power while it is being moved.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Lindhorst-Ko US 6,725,401 B1 discloses a mesh network environment in which each node updates and maintains an updated list of operational and non-operation status of corresponding device and communications paths; see Fig. 2 and col.4, ll.38-46.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIRLEY X JIAN whose telephone number is (571)270-7374. The examiner can normally be reached M-F 8:00-4:00.
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/SHIRLEY X JIAN/ Primary Examiner, Art Unit 3792
November 15, 2025