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 .
DETAILED ACTION
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 1, 9 and 15 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. Claims 1, 9 and 15 are indefinite because Bluetooth is a trademark and causes confusion as to the scope of the claim. See MPEP 2173.05(u).
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 (i.e., changing from AIA to pre-AIA ) 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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shelton, IV et al (US 2019/0125459).
Regarding claims 1, 9 and 15, Shelton meets the limitations of a method and instructions for accessing physiological data comprising a display terminal configured to display a health status of a patient, the display terminal comprising:
a display 119;
a communication system configured to operate one or more wireless communication protocols including Bluetooth and WiFi, see paragraphs [0533] and [0681];
a storage component 468, see paragraph [0841]; and
one or more hardware processors 232 and 244 configured to:
access physiological data received at the display terminal via Bluetooth, the physiological data originating from one or more physiological sensors 474 coupled to a subject, see paragraphs [0545], [0570], [0583] and [0586];
store the physiological data in the storage component 468 as non-persistent physiological data, see paragraph [0841];
cause the communication system to communicate the physiological data to a remote server 213 via WiFi without processing the physiological data to generate processed data from the physiological data;
access processed physiological data received at the display terminal via WiFi from the remote server 213, the processed physiological data corresponding to the physiological data, the processed physiological data comprising one or more of a physiological parameter or a notification; and
cause the display 119 to render one or more user interfaces based on user interface data generated at the remote server 213, the one or more user interfaces comprising indicia 2817 of the processed physiological data indicating the health status of the patient, see paragraph [1447].
Regarding claims 2, 10 and 16, Shelton meets the method and instruction, and discloses the storage component 468 comprises ADC circuits 826 and 828 having a buffer configured to store the non-persistent physiological data for a period of time before deleting the non-persistent physiological data, see paragraph [0658].
Regarding claims 3, 11 and 17, Shelton meets the method and instruction, and discloses the one or more hardware processors 822 are configured to cause the storage component 468 to delete the non-persistent physiological data automatically upon expiration of a period of time, see paragraph [0658],
Regarding claims 4, 12 and 18, Shelton meets the method and instruction, and discloses the one or more hardware processors 822 are configured to cause the storage component 468 to delete the non-persistent physiological data in response to receiving the processed physiological data from the remote server 213, see paragraphs [0553] and [0658].
Regarding claims 5, 13 and 19, Shelton meets the method and instruction, and discloses the storage component 468 does not store the physiological data as persistent data, wherein the storage component does not store the processed physiological data as persistent data, see paragraphs [0575].
Regarding claims 6, 14 and 20, Shelton meets the method and instruction, and discloses the one or more hardware processors 822 are configured to:
access additional processed physiological data received at the display terminal via WiFi from the remote server 213, the additional processed physiological data corresponding to additional physiological data originating from another display terminal; and
cause the display 119 to render the one or more user interfaces comprising the indicia 2817 of the processed physiological data and indicia of the additional processed physiological data, see paragraphs [0512], [0901] and [1447].
Regarding claim 7, Shelton discloses the display terminal comprises a portable display terminal, see paragraphs [1217] and [1250].
Regarding claim 8, Shelton discloses the display terminal comprises a wall-mounted display terminal, see paragraphs [1278].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to George Manuel whose telephone number is (571) 272-4952.
The examiner can normally be reached on regular business days.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Klein can be reached on (571) 270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/George Manuel/
Primary Examiner
Art Unit: 3792
3/4/2026
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