DETAILED ACTION
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 .
Status of the Claims
Claims 1-20 are currently pending.
Claim Objections
Claim 12 is objected to because of the following informalities: on the last line, “define the region of interest to include the increase in the temperature” is a little unclear and should be corrected to clarify that the defined region of interest to include the objects with an increased temperature. Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 3-7, 10, 11, 13, 17, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No. 10,121,070 (Derenne et al.) in view of US Patent No. 10,548,476 (Lane et al.).
Regarding claims 1 and 13, Derenne discloses a patient monitoring system and method for detecting patient deterioration, comprising:
a computing device including a processor and a memory, the memory encoding instructions that, when executed by the processor (Figs. 1-4), cause the system to:
receive, from a thermographic camera, at least one image corresponding to a temperature of a region of interest and a surrounding area that surrounds the region of interest (Computer device 24 determines the appropriate numerical value for risk factor (2) by communicating with an incontinence sensor (one of in-room sensors 58), and/or by analyzing images of the patient taken by cameras 22 and detecting color changes in the incontinent regions of the patient, and/or by analyzing the outputs of a thermal camera that is able to detect an incontinence event by its thermal characteristics. When detecting incontinence by analyzing data from camera 22 and/or a thermal camera, computer device 24 also determines a size of the color-changed area, or thermal-changed area, to estimate a size of the incontinence event, and uses this information when determining a numeric value to assign to risk factor (2); Col. 48, lines 35-50);
analyze the at least one image using an artificial intelligence model (The OpenCV algorithms include a comprehensive set of both classic and state-of-the-art computer vision and machine learning algorithms. These algorithms are designed to be used to detect and recognize faces, identify objects, classify human actions in videos, track camera movements, track moving objects, extract 3D models of objects, produce 3D point clouds from stereo cameras, stitch images together to produce high resolution images of entire scenes, find similar images from an image database, follow eye movements, recognize scenery and establish markers to overlay scenery with augmented reality, and other tasks; Col. 15, lines 18-33);
detect a difference in temperature of the region of interest relative to the surrounding area (detecting color changes in the incontinent regions of the patient, and/or by analyzing the outputs of a thermal camera that is able to detect an incontinence event by its thermal characteristics. When detecting incontinence by analyzing data from camera 22 and/or a thermal camera, computer device 24 also determines a size of the color-changed area, or thermal-changed area, to estimate a size of the incontinence event, and uses this information when determining a numeric value to assign to risk factor (2); Col. 48, lines 35-50); and
determine an incontinence event when the difference in temperature exceeds a threshold value (detecting color changes in the incontinent regions of the patient, and/or by analyzing the outputs of a thermal camera that is able to detect an incontinence event by its thermal characteristics. When detecting incontinence by analyzing data from camera 22 and/or a thermal camera, computer device 24 also determines a size of the color-changed area, or thermal-changed area, to estimate a size of the incontinence event, and uses this information when determining a numeric value to assign to risk factor (2); Col. 48, lines 35-50).
Derenne fails to explicitly disclose issuing an alert for an incontinence event.
Lane discloses a patient monitoring system (title) wherein at operation 412, the subject status detection device 102 can generate a notification when the absorbent material 420 is determined to contain a predetermined level of moisture. In some embodiments, the notification can be provided to a healthcare practitioner so that the healthcare practitioner can take necessary actions, such as to change the absorbent material 420 or take the subject to a bath room (Col. 17, lines 43-49). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Derenne and when an incontinence event is detected using thermal imaging and thus detecting a thermal changed area, sending a notification to a healthcare practitioner so they can take necessary actions such as changing the bed.
Regarding claim 3, Derenne further discloses wherein the region of interest comprises a patient (Computer device 24 determines the appropriate numerical value for risk factor (2) by communicating with an incontinence sensor (one of in-room sensors 58), and/or by analyzing images of the patient taken by cameras 22 and detecting color changes in the incontinent regions of the patient, and/or by analyzing the outputs of a thermal camera that is able to detect an incontinence event by its thermal characteristics. When detecting incontinence by analyzing data from camera 22 and/or a thermal camera, computer device 24 also determines a size of the color-changed area, or thermal-changed area, to estimate a size of the incontinence event, and uses this information when determining a numeric value to assign to risk factor (2); Col. 48, lines 35-50).
Regarding claim 4, Derenne further discloses wherein the region of interest is the patient’s lower body ((Computer device 24 determines the appropriate numerical value for risk factor (2) by communicating with an incontinence sensor (one of in-room sensors 58), and/or by analyzing images of the patient taken by cameras 22 and detecting color changes in the incontinent regions of the patient, and/or by analyzing the outputs of a thermal camera that is able to detect an incontinence event by its thermal characteristics. When detecting incontinence by analyzing data from camera 22 and/or a thermal camera, computer device 24 also determines a size of the color-changed area, or thermal-changed area, to estimate a size of the incontinence event, and uses this information when determining a numeric value to assign to risk factor (2); Col. 48, lines 35-50, Examiner notes that incontinence events would be detected in the lower body where urine is outputted), forehead, or arms.
Regarding claim 5, Derenne further discloses wherein the region of interest comprises a patient covering (Col. 14, lines 13-36; For example, at least one software module 34 that tracks the movement of a patient in a hospital bed is adapted to utilize thermal images to detect the patient's movement while covered with a sheet and/or other bedding).
Regarding claim 6, Derenne further discloses wherein the patient covering comprises clothes, a patient bedsheet, or a patient blanket (Col. 14, lines 13-36; For example, at least one software module 34 that tracks the movement of a patient in a hospital bed is adapted to utilize thermal images to detect the patient's movement while covered with a sheet and/or other bedding).
Regarding claims 7 and 17, Derenne and Lane disclose the system of claim 3 and claim 13 as discussed above. Lane further discloses wherein the instructions, when executed, further cause the system to automatically perform a patient deterioration mitigation action at a patient support apparatus (Lane discloses a patient monitoring system (title) wherein at operation 412, the subject status detection device 102 can generate a notification when the absorbent material 420 is determined to contain a predetermined level of moisture. In some embodiments, the notification can be provided to a healthcare practitioner so that the healthcare practitioner can take necessary actions, such as to change the absorbent material 420 or take the subject to a bath room (Col. 17, lines 43-49). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Derenne and when an incontinence event is detected using thermal imaging and thus detecting a thermal changed area, sending a notification to a healthcare practitioner so they can take necessary actions such as changing the bed.
Regarding claim 10, Derenne and Lane disclose the system of claim 1 as discussed above. Lane further discloses a caregiver call system configured to receive the alert (Lane discloses a patient monitoring system (title) wherein at operation 412, the subject status detection device 102 can generate a notification when the absorbent material 420 is determined to contain a predetermined level of moisture. In some embodiments, the notification can be provided to a healthcare practitioner so that the healthcare practitioner can take necessary actions, such as to change the absorbent material 420 or take the subject to a bath room (Col. 17, lines 43-49)). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Derenne and when an incontinence event is detected using thermal imaging and thus detecting a thermal changed area, sending a notification to a healthcare practitioner so they can take necessary actions such as changing the bed.
Regarding claim 11, Derenne and Lane disclose the system of claim 10 as discussed above. Lane further discloses the caregiver call system comprises a patient user interface on the patient monitoring system, a nurse station, or a mobile device user interface (Lane discloses a patient monitoring system (title) wherein at operation 412, the subject status detection device 102 can generate a notification when the absorbent material 420 is determined to contain a predetermined level of moisture. In some embodiments, the notification can be provided to a healthcare practitioner so that the healthcare practitioner can take necessary actions, such as to change the absorbent material 420 or take the subject to a bath room (Col. 17, lines 43-49)). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Derenne and when an incontinence event is detected using thermal imaging and thus detecting a thermal changed area, sending a notification to a healthcare practitioner, such as a nurse, who is well known in the prior art for patient caregiving, so they can take necessary actions such as changing the bed.
Regarding claim 18, Derenne further discloses turning a patient, using a patient support apparatus, at a pre-determined time intervals to mitigate pressure injuries (As one example, a hospital's patient care protocol often requires that a patient be turned while positioned on the bed at certain intervals so as to lessen the likelihood of bed sores and/or other medical ailments. System 20 can be equipped with a software module 34 designed for monitoring patient turning protocols that detects the absence or presence of such turning at the required intervals (Col. 35, lines 15-30).
Allowable Subject Matter
Claims 2, 8, 9, 12, 14, 15, 16, 19, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Note that claim 12 has a claim objection that needs addressed as well.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 11,074,459 (Johnson et al.) discloses patient video monitoring systems and methods for thermal detection of liquids.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KERRI L MCNALLY whose telephone number is (571)270-1840. The examiner can normally be reached Monday-Friday, 7:00 am - 3:30 pm.
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/KERRI L MCNALLY/Primary Examiner, Art Unit 2686