DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 18 is 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 pre-AIA the applicant regards as the invention. Claim 18 recites “wherein the control comprises the indicator”. It is unclear if “the indicator” is part located on the control or if the control functions as “the indicator” since the control’s operation of a specific mode functions as “an indicator” of the operating mode in use. Further clarification is requested.
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 1-2, 6-8, 10, 14-15, 17-19, 22, 26, 29-30, 34-36, 38 and 40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Powers (US Patent Publication 20090254136 A1).
As to claim 1, Powers discloses an external defibrillator (AED unit, depicted as 10 in Figure 1) comprising: a control (slot, depicted as 30 in Figure 1; Abstract; [0030]) configured to switch between a pediatric operating mode and an adult operating mode (Abstract; “slot 30 into which a key-like device (referred to herein as a "pedi-key") is inserted to switch the AED to a pediatric rescue protocol”[0014]), wherein each operating mode comprises a mode-specific energy configuration and a mode-specific user configuration (Abstract; [0028, 0030-0031]); an indicator configured to provide an indication of the operating mode in use during a resuscitation process (pad placement part, depicted as 52 in Figures 4-6; [0026-0027]); a port (connector, depicted as 22 in Figures 1-2 and 6; [0013]) for communicating with an electrode assembly ([0013]); one or more computer processors (microprocessor, MPU, depicted as 102 in Figure 3; [0018-0020]) configured to switch to the mode-specific energy configuration and the mode-specific user configuration upon a change of operating mode between the pediatric operating mode and the adult operating mode ([0020, 0028]; Figure 3) such that the external defibrillator delivers a defibrillating shock to a patient based on the mode-specific energy configuration; and a user interface of the external defibrillator that provides instructions to a user based on the mode-specific user configuration (“AED unit has an information button 16 which flashes when information concerning a protocol is available for the operator. The AED unit has a panel 20 which may be a display for the display of visual information and instructions for the operator. In the embodiment described below information and instructions are delivered audibly through a loudspeaker or headset and a visual display is not necessary”([0013]); Figure 1; [0013, 0028-0030]).
As to claim 2, Powers discloses the insertion of the “pedi-key”, depicted as 50 in Figure 4, to execute the operation of pediatric rescue protocol (Abstract). As such, Powers disclose the switching between adult and pediatric rescue protocols when the key-like device is inserted (or conversely, is not inserted). As such, the control (slot, which receives the key-like device) is further configured to switch by toggling the operating mode of the external defibrillator back and forth between the pediatric operating mode and the adult operating mode (when the key-like device is inserted in the slot for pediatric mode or when it is absent from the slot for adult mode).
As to claim 6, Powers discloses the user interface is configured to provide at least one of instructions specific to the pediatric operating mode and instructions specific to the adult operating mode(Figure 2 and 4-6; [0027]).
As to claim 7, Powers discloses a user interface includes a visual display configured to provide at least one of instructions specific to the pediatric operating mode and instructions specific to the adult operating mode (Figure 2 and 4-6; [0027]).
As to claim 8, Powers discloses the one or more computer processors are configured to enter the pediatric operating mode and, in response, cause the user interface to provide the instructions specific to the pediatric operating mode ([0027-0030]).
As to claim 10, Powers discloses the one or more computer processors are configured to enter the adult operating mode and, in response, cause the user interface to provide the instructions specific to the adult operating mode (in the absence of using the “pedi-key”, depicted as 50 in Figure 4, the AED operates in “adult operating mode”).
As to claim 14, Powers discloses a level of the defibrillating shock is different for the pediatric operating mode and the adult operating mode ([0002, 0028]).
As to claim 15, Powers discloses changing the operational mode immediately prepares one or more capacitors for the operating mode in use ([0022]).
As to claim 17, Powers discloses “MPU is also responsive to a signal from a pedi-key sensor associated with slot 30 when a pedi-key is inserted into a slot to switch the operation of the AED unit to a pediatric rescue protocol. The pedi-key sensor is preferably one which does not adversely affect the hermetic seal of the slot, such as a magnetic sensor (e.g., a reed switch inside the case) which responds to a small magnet in the pedi-key, or an optical sensor which optically detects (as by means of an LED and photocell) the presence of the pedi-key in the slot 30. The sensor could also be a pushbutton or switch which is activated by insertion of the pedi-key or electrical contacts which are electrically connected by an electrically conductive pedi-key”([0020]). Therefore, Powers discloses the control (slot 30) comprises a button (pushbutton) for determining is the pedi-key is inserted into the slot.
As to claim 18, as best understood in light of the rejection under 35 U.S.C. 112 above, Powers discloses the control (slot, depicted as 30 in Figure 5) comprises the indicator (pad placement part, depicted as 52 in Figures 4-6; [0026-0027]) when the “pedi-key” (depicted as 50 in Figure 5) is inserted into control (slot 30).
As to claim 19, Powers discloses the indicator (pad placement part, depicted as 52 in Figures 4-6; [0026-0027]) comprises at least one of a visual indicator, a lighted display (“When the key part 54 is inserted, the holes of the pediatric pad positions 26' of the pediatric sketch 60 are in alignment with the LEDs 26 of the adult sketch 24. The pad placement part 52 will then completely cover the adult sketch 24 so that the rescuer will only see the pediatric sketch 60. Moreover, the holes through the pediatric pad positions 26' of the pediatric sketch 60 will allow the light of the AED unit LEDs 26 to be visible through the pad positions 26' of the pediatric sketch”[0027]).
As to claim 22, Powers discloses the instructions comprise at least one of visual feedback, audio feedback (“AED unit has an information button 16 which flashes when information concerning a protocol is available for the operator. The AED unit has a panel 20 which may be a display for the display of visual information and instructions for the operator. In the embodiment described below information and instructions are delivered audibly through a loudspeaker or headset and a visual display is not necessary”([0013]); Figure 1; [0013, 0028-0030]).
As to claim 26, Powers discloses the one or more computer processors are configured to cause the one or more capacitors to be charged to a voltage that is greater when the operating mode is in the adult operating mode than when the operating mode is in the pediatric operating mode ([0002, 0028]).
As to claim 29, Powers discloses an external defibrillator (AED unit, depicted as 10 in Figure 1) comprising: one or more capacitors for delivering a defibrillating shock to a patient ([0022]); one or more electronic ports (connector, depicted as 22 in Figures 1-3 and 6; [0013, 0028]) configured to receive signals indicative of sensed physiological parameters of the patient ([0028]), and to communicate the defibrillating shock to the patient based on a signal produced from an analysis of the sensed physiological parameters of the patient ([0028]); a control (slot, depicted as 30 in Figure 1; Abstract; [0030]) for toggling an operating mode of the external defibrillator back and forth between a pediatric operating mode and an adult operating mode (Abstract; “slot 30 into which a key-like device (referred to herein as a "pedi-key") is inserted to switch the AED to a pediatric rescue protocol”[0014]; Abstract; [0028, 0030-0031]) during a resuscitation process; and an indicator (pad placement part, depicted as 52 in Figures 4-6; [0026-0027]) configured to provide an indication of the operating mode in use ([0026-0027]); and one or more computer processors (microprocessor, MPU, depicted as 102 in Figure 3; [0018-0020]) configured to determine if an electrode assembly in communication with at least one of the electronic ports is usable in at least one or both of the pediatric operating mode and the adult operating mode (“MPU 102 also receives system status information as shown by block 112, temperature information from the interior of the case 12 from a temperature sensor (not shown), and a signal from a sensor when training pads are plugged into the connector 22. The training pad sensor can be a magnetic sensor associated with connector 22 which senses the field of a small magnet integrated into the connector of a training electrode pad set”[0019]; Figure 3; [0018-0020]).
As to claim 30, Powers discloses the one or more computer processors are configured to adjust an energy output of the defibrillating shock based on whether the operating mode is in the pediatric operating mode or the adult operating mode ([0020, 0028-0030]).
As to claim 34, Powers discloses a user interface configured to provide at least one of instructions specific to the pediatric operating mode and instructions specific to the adult operating mode ([0013]; “The AED unit has an information button 16 which flashes when information concerning a protocol is available for the operator. The AED unit has a panel 20 which may be a display for the display of visual information and instructions for the operator. In the embodiment described below information and instructions are delivered audibly through a loudspeaker or headset and a visual display is not necessary”([0013]); Figure 1).
As to claim 35, Powers discloses a user interface includes a visual display configured to provide at least one of instructions specific to the pediatric operating mode and instructions specific to the adult operating mode (Figure 2 and 4-6; [0027]).
As to claim 36, Powers discloses the one or more computer processors are configured to enter the pediatric operating mode and, in response, cause the user interface to provide the instructions specific to the pediatric operating mode ([0027-0030]).
As to claim 38, Powers discloses the one or more computer processors are configured to enter the adult operating mode and, in response, cause the user interface to provide the instructions specific to the adult operating mode (in the absence of using the “pedi-key”, depicted as 50 in Figure 4, the AED operates in “adult operating mode”).
As to claim 40, Powers discloses the one or more computer processors are configured to cause the one or more capacitors to be charged to a voltage that is greater when the operating mode is in the adult operating mode than when the operating mode is in the pediatric operating mode ([0002, 0028]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA M ALTER whose telephone number is (571)272-4939. The examiner can normally be reached M-F 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David E Hamaoui can be reached at (571) 270-5625. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALYSSA M ALTER/Primary Examiner, Art Unit 3796
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