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 Arguments
Applicant’s arguments, see Remarks, filed 3/12/26, with respect to the rejection(s) of claim(s) 21-26, 28-35 and 37-40 under Kaufman in view of Hayman in view of Katakura have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Addison et al. (U.S. Pub. 2017/0065484 hereinafter “Addison”).
Claim Interpretation
It is noted that claim 21 states that the treatment device is configured to administer chest compressions and position of the chest compressions is altered in response to receiving the CPR feedback. The Specification is silent as to the treatment device automatically altering positions but provides enough support for the device to be repositioned by a user. In this case the limitation is being analyzed as being repositioned by a user.
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.
Claim(s) 21, 23-24, 28, 30-33 and 38-40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Addison et al. (U.S. Pub. 2017/0065484 hereinafter “Addison”).
Regarding claims 21, 24 and 33, Addison discloses a system, comprising: a medical device (e.g. 10) comprising: an emitter (e.g. 18) configured to generate a signal comprising an electromagnetic wave or a mechanical wave; a detector (e.g. 20) configured to detect a reflection of the signal from a blood vessel of a patient; an electrocardiogram (ECG) sensor (e.g. 16) configured to detect an ECG of the patient; a transmitter (e.g. 28); and a processor (e.g. 50) configured to: determine a metric indicative of blood movement or blood pressure by analyzing the reflection of the signal from the blood vessel of the patient (e.g. ¶¶37-38; [blood flow]); receive the ECG of the patient from the ECG sensor (e.g. ¶47); identify a pulseless electrical activity (PEA) by correlating the metric with the ECG of the patient (e.g. ¶47); generate cardiopulmonary resuscitation (CPR) feedback by analyzing the metric and the PEA (e.g. ¶¶47-48); and cause the transmitter to output the CPR feedback (e.g. ¶¶23, 48); and a treatment device configured to: administer chest compressions to the patient (e.g. ¶63), wherein a position of the chest compressions is altered in response to receiving the CPR feedback (e.g. ¶27).
Regarding claims 23 and 28, Addison further discloses an output device configured to output an instruction to administer a treatment to the patient, the treatment comprising defibrillation, administration of a medication, ventilation, or intubation, wherein the processor is further configured to generate the instruction by analyzing the CPR feedback (e.g. ¶¶47-48).
Regarding claims 30 and 38, Addison further discloses wherein outputting the CPR feedback comprises transmitting the CPR feedback to an external device (e.g. ¶¶32, 47-48).
Regarding claims 31 and 39, Addison further discloses wherein the external device comprises a mechanical chest compression device administering the chest compressions to the patient (e.g. ¶63), and wherein outputting the CPR feedback comprises causing the mechanical chest compression device to alter a rate, depth, or position of the chest compressions (e.g. ¶¶47-48).
Regarding claims 32 and 40, Addison further discloses detecting an ECG of the patient; and detecting a blood oxygenation of the patient (e.g. ¶22), wherein generating the CPR feedback further comprises analyzing the ECG of the patient and the blood oxygenation of the patient (e.g. ¶¶47-48).
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(s) 22, 25-26 and 34-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Addison as applied to claims 21, 23-24, 28, 30-33 and 38-40 above, and further in view of Kaufman et al. (U.S. Pub. 2017/0000688 hereinafter “Kaufman”).
Regarding claim 22, 25-26 and 34-35, Addison discloses the claimed invention as disclosed in detail above, but fails to explicitly state that the system determines a pulse wave velocity and velocity of the blood in the vessel. However, Kaufman discloses wherein the processor is configured to determine the metric indicative of blood movement or blood pressure by analyzing the reflection of the signal from the blood vessel of the patient by: determining, by analyzing the reflection (e.g. ¶¶20-22): a pulse wave velocity of the blood vessel; and a velocity of blood in the blood vessel (e.g. ¶¶20-22); and a geometry of the blood vessel (e.g. ¶¶20-22); and determining a product of the pulse wave velocity of the blood vessel, the velocity of the blood in the blood vessel, and a density of the blood in the blood vessel (e.g. ¶¶20-22). It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system as taught by Addison, with the velocity and pulse wave velocity as taught by Kaufman, since such a modification would provide the predictable results of analyzing the reflection of the signal to determine pulse wave velocity and velocity to determine blood pressure (e.g. ¶¶20-22).
Claims 29 and 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Addison as applied to claims 21, 23-24, 28, 30-33 and 38-40 above, and further in view of Packer et al. (U.S. Pub. 2016/0133160 hereinafter “Packer”).
Regarding claims 29 and 37, Addison discloses the claimed invention except for the medical device outputting feedback for a treatment that includes defibrillation, administration of a medication, ventilation or intubation. However, Packer teaches that it is known to use a similar non-invasive medical device configured to sense blood pressure and output treatment feedback to the user as taught in paragraphs 81, 98 and 103 in order to output feedback to the user to enhance CPR performance. Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the claimed invention to have the medical device of Addison combined with the treatment feedback device as taught by Packer in order to provide the predictable results of outputting feedback to the user to enhance CPR performance.
Claim 41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Addison as applied to claims 21, 23-24, 28, 30-33 and 38-40 above, and further in view of Mason (U.S. Pub. 2008/0306354).
Regarding claim 41, Addison discloses the claimed invention except for the medical device being a wrist-wearable device. However, Mason teaches that it is known to use a similar non-invasive medical device configured to sense blood pressure using a wrist mounted device as taught in Figure 5 and paragraphs 33-37 in order to comfortably and accurately measure blood pressure non-invasively. Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the claimed invention to have the medical device of Addison combined with the wrist wearable device as taught by Mason in order to comfortably and accurately measure blood pressure non-invasively.
Claim 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Addison as applied to claims 21, 23-24, 28, 30-33 and 38-40 above, and further in view of Kargar et al. (U.S. Pub. 2008/0306354).
Regarding claim 42, Addison discloses the claimed invention except for the emitter and detector being integrated into a cot. However, Kargar teaches that it is known to integrate an emitter and detector into a bed/cot as taught in paragraphs 22, 28-29 and 41 in order to comfortably and accurately measure blood pressure non-invasively while the patient is laying down. Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the claimed invention to have the medical device of Addison combined with the wrist wearable device as taught by Kargar in order to comfortably and accurately measure blood pressure non-invasively while the patient is laying down
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 REX R HOLMES whose telephone number is (571)272-8827. The examiner can normally be reached on Monday-Thursday 7:00AM-5:30PM.
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/REX R HOLMES/Primary Examiner, Art Unit 3792