Prosecution Insights
Last updated: July 17, 2026
Application No. 18/678,762

PATIENT PHYSIOLOGICAL MONITOR LOCATION IDENTIFICATION

Non-Final OA §103
Filed
May 30, 2024
Priority
May 31, 2023 — provisional 63/470,015
Examiner
YANG, JAMES J
Art Unit
2686
Tech Center
2600 — Communications
Assignee
Drägerwerk AG & Co. KGaA
OA Round
2 (Non-Final)
57%
Grant Probability
Moderate
2-3
OA Rounds
1y 1m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allowance Rate
417 granted / 732 resolved
-5.0% vs TC avg
Strong +23% interview lift
Without
With
+22.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
39 currently pending
Career history
778
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
88.2%
+48.2% vs TC avg
§102
3.0%
-37.0% vs TC avg
§112
4.6%
-35.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 732 resolved cases

Office Action

§103
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 . This Office Action is in response to Applicant’s amendment filed 01/23/2026. Claims 1-3, 5-7, 9-13, 15, and 27-34 are currently pending in this application. Claims 27-34 have been withdrawn from consideration. 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. Claims 1, 5-7, 9-13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Aarnio et al. (U.S. 2021/0196121 A1) in view of Geheb et al. (U.S. 5,685,314). Claim 1, Aarnio teaches: A method of associating a location with a patient monitor (Aarnio, Fig. 1: 15, 50, Paragraph [0037]) having a monitor housing (Aarnio, Paragraph [0024], An example of a patient monitor may be a portable transport monitor configured to monitor the patient in transit.), a graphical user interface (Aarnio, Fig. 1: 16, 52), a power source (Aarnio, Fig. 1: 27), a communication interface (Aarnio, Fig. 1: 29, 59) capable of communicating using a wireless communication protocol (Aarnio, Paragraph [0034], The various devices in the wireless patient monitoring system 1 are configured for wireless communication.), and a physiological sensor interface (Aarnio, Fig. 1: 17), the method comprising: (a) providing a first power source (Aarnio, Fig. 1: 27), and a first wireless communication interface (Aarnio, Paragraph [0046]); (b) broadcasting a first location signal using the first wireless communication interface, the first location signal having a signal strength (Aarnio, Paragraph [0046], In the disclosed embodiment, transmitters may be provided at fixed locations throughout the care facility to transmit a location identifier of that fixed location. The transmission range of the communications must be controlled to avoid having unwanted devices receiving said signals, e.g. through walls (see Aarnio, Paragraph [0044]).), the first location signal including location data that is associated with a first location and the patient monitor by a hospital network (Aarnio, Paragraph [0046], The location identifiers are indicative of the locations of the transmitters in the care facility, wherein the transmitters would be a part of the host network 30.); and (c) associating the patient monitor with the first location when the patient monitor receives the first location signal (Aarnio, Paragraph [0046], The respective devices receive the location identifier and would be equipped to determine its own location based on the location identifier received.). Aarnio does not specifically teach: providing a first mount having a first mount housing comprising a docking portion having at least two docking arms extending outward to removably receive the patient monitor, a docking interface to correspondingly engage and communicate with a docking interface on the patient monitor; the first location signal at a maximum distance of 10cm from the first mount housing and having a signal strength of no more than - 98 dBm; As per the limitation of (b) the first location signal at a maximum distance of 10cm from the first mount housing and having a signal strength of no more than - 98 dBm, the Applicant’s specification discloses that the distance that the location signal is broadcast may be less than 10 cm and, more preferably, less than 5 cm (see Applicant’s specification, Paragraph [0081]), to yield the location signal having a strength of no more than -98dB at a distance of 10cm or, more preferably, at 5 cm. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the signal strengths and ranges of transmitted signals between transmitters and receivers such that the range of communication is within the range that includes 10 cm or less. Aarnio discloses the preference of communication signals and protocols do not pass through walls or other structural barriers such that receivers may be placed in adjacent rooms, for example (see Aarnio, Paragraph [0044]). Therefore, a communication range of below 10 cm is desirable for the teachings of Aarnio, and one of ordinary skill in the art would be motivated to minimize the range in order to avoid cross-receiving of signals. Geheb teaches: Providing a first mount having a first mount housing (Geheb, Fig. 3: 110) comprising a docking portion (Geheb, Fig. 3: 110c, 110d, 110g, Col. 4, Lines 66-67 through Col. 5, Lines 1-19, The combination of lever arm 110c, locking rail snaps 110d, and docking station trolley 110g are interpreted as a docking portion.) having at least two docking arms extending outward to removably receive the patient monitor (Geheb, Col. 4, Lines 66-67 through Col. 5, Lines 1-19, The locking rail snaps 110d include portions that protrude from the left and right sides of the top cover 110b, wherein the snaps fix the device to the docking station. The rail snaps 110d may also be retracted to unlock the portable device from the portable docking station.), a docking interface to correspondingly engage and communicate with a docking interface on the patient monitor (Geheb, Fig. 3: 110a, Col. 4, Lines 66-67 through Col. 5, Lines 1-19, When the device is fixed to the docking station, docking station electrical connector 110a is then engaged with the corresponding electrical connector in the portable device. The docking station platform 110’ provides physical support, power, and communications (see Geheb, Col. 4, Lines 33-39).). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the patient monitoring device in Aarnio with the docking station, as taught by Geheb. The motivation would be to allow for patient monitors and peripheral devices to be easily connected and disconnected while maintaining continuity of the patient monitoring (see Geheb, Col. 1, Lines 66-67 through Col. 2, Lines 1-16). Claim 5, Aarnio in view of Geheb further teaches: The method of claim 1, wherein step (c) further comprises communicating the received first location signal to the hospital network, wherein the patient monitor is associated with the first location by the hospital network (Aarnio, Paragraph [0043], The location tracking module 22 monitors and determines a device location of each monitored device. The tracking module 22 is located on the host network 30, i.e. the hospital network (see Aarnio, Fig. 1: 22, 30).). Claim 6, Aarnio in view of Geheb further teaches: The method of claim 1, further comprising: (d) after performing step (c), initiating at least one location-based action based on the first location (Aarnio, Paragraph [0047], The term “location-based action” is interpreted as action associated with the location of the patient monitor. One example includes the detection of the portable patient monitor 115b entering an operating room, wherein the at least one location-based action is the disconnection of the portable patient monitor 115b and connecting of the OR patient monitor 50b (see Aarnio, Paragraphs [0040-0041]).). Claim 7, Aarnio in view of Geheb further teaches: The method of claim 6, wherein the at least one at least one location-based action is selected from the group of: adjusting an operating parameter of the patient monitor, initiating a clinical action for a patient associated with the patient monitor, turning off an alarm, and setting a patient category (Aarnio, Paragraphs [0040-0041], In the same operating room example, when the location of the portable patient monitor is detected as approaching the door of the OR, communication to the portable transport monitor may be resumed, which is functionally equivalent to adjusting an operating parameter of the patient monitor, which is in response to the determined location of the portable transport monitor.). Claim 9, Aarnio in view of Geheb further teaches: The method of claim 1, further comprising: (d) after performing step (c), disassociating the patient monitor with the first location when the first location signal is not received by the patient monitor for a first predetermined period of time (Aarnio, Paragraph [0046], When the patient monitor 15 moves to another of the plurality of transmitters provided at fixed locations throughout the care facility, it would have been obvious to one of ordinary skill in the art for the location of another transmitter at another fixed location to be associated with the patient monitor 15, effectively disassociating the patient monitor 15 from the previous location of the previous transmitter.). Claim 10, Aarnio in view of Geheb further teaches: The method of claim 1, further comprising, performing step (b) at a predetermined time interval (Aarnio, Paragraph [0046], It would have been obvious to one of ordinary skill in the art, at the time of filing, for the transmitters to transmit periodically or continuously, both establishing a predetermined time interval.). Claim 11, Aarnio in view of Geheb further teaches: The method of claim 1, wherein the first location is selected from the group of: a room number, a department of a health care facility, an ambulance number, or a predefined patient movement status (Aarnio, Paragraph [0046], Locations of the healthcare facility include operating rooms, intensive care units, physical therapy units, labor and delivery, emergency care units, and patient rooms (see Aarnio, Paragraph [0013]). The Examiner notes that the phrase “predefined patient movement status” is interpreted as a designation for a location rather than a physical location, e.g. a room. For example, if the patient is being transported from one room to another, the “location” of the patient may be deemed as being “in transit”.). Claim 12, Aarnio in view of Geheb further teaches: The method of claim 1, wherein step (c) comprises associating the patient monitor with the first location when the patient monitor receives the first location signal a predetermined number of times, the predetermined number of times being greater than one (Aarnio, Paragraph [0046], It would have been obvious to one of ordinary skill in the art, at the time of filing, for the portable monitor 15 to be capable of receiving the location identifier more than one time. For example, one of ordinary skill in the art would recognize the necessity for the transmitters to transmit the location identifier more than once, thus preventing the transmitters from being rendered inoperable after a single transmission. Thus, it is within the scope of the teachings of Aarnio in view of Geheb for the location identifier to be transmitted a plurality of times while the portable monitor 15 remains in the same room, e.g. an operating room, such that the location of the portable monitor 15 is associated with the same room after at least two transmissions of the location identifier. Another example scenario includes the transmitter being placed in the patient’s assigned room, wherein the patient is then moved to another room, e.g. an x-ray room, and then returns to the same assigned room.). Claim 13, Aarnio in view of Geheb further teaches: The method of claim 1, further comprising: (d) providing electrical power from the first mount to the patient monitor through a plurality of first mount power contacts located within the monitor housing that are adapted to engage monitor power contacts located on the monitor housing when the patient monitor is mounted in the docking portion (Aarnio, Paragraph [0016], The latching member 124 and electrical port 128 are located on monitoring device 20 for charging via the charging cradle 140. It would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the body unit 1 of Figs. 10 and 11, which is capable of being charged by cradle unit 3 (see Aarnio, Paragraph [0048]), to also include a corresponding latching member 124 and/or electrical port 128 for charging purposes. Such a modification would not change the principal operation of the system, as a whole, and would yield predictable results. Additionally, the electrical connector 110a of Geheb connects the portable device with the docking station 110, which allows the docking station to provide support, power, and communications to the portable device (see Geheb, Col. 4, Lines 66-67 through Col. 5, Lines 1-19).). Claim 15, Aarnio in view of Geheb further teaches: The method of claim 1, further comprising: providing a second mount having a second mount housing comprising a second docking portion to removably secure the patient monitor, a second power source, and a second wireless communication interface, (Aarnio, Fig. 1: 15, 50, and Geheb, Fig. 3, It would have been obvious to one of ordinary skill in the art, at the time of filing, to duplicate the docking station of Geheb, as a matter of engineering choice. Such a modification would not render the invention inoperable for its intended purpose, and would yield predictable results. See MPEP 2144.04.); broadcasting a second location signal using the second wireless communication interface, the second location signal having a signal strength of no more than -98 dBm at a distance of 10cm from the second mount housing (As presented in the rejection of claim 1 above, the Applicant’s specification discloses that the distance that the location signal is broadcast may be less than 10 cm and, more preferably, less than 5 cm (see Applicant’s specification, Paragraph [0081]), to yield the location signal having a strength of no more than -98dB at a distance of 10cm or, more preferably, at 5 cm. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the signal strengths and ranges of transmitted signals between transmitters and receivers such that the range of communication is within the range that includes 10 cm or less. Aarnio discloses the preference of communication signals and protocols do not pass through walls or other structural barriers such that receivers may be placed in adjacent rooms, for example (see Aarnio, Paragraph [0044]). Therefore, a communication range of below 10 cm is desirable for the teachings of Aarnio, and one of ordinary skill in the art would be motivated to minimize the range in order to avoid cross-receiving of signals), the second location signal including location data that is associated with a second location by the hospital network (Aarnio, Paragraph [0046], Locations of the healthcare facility include operating rooms, intensive care units, physical therapy units, labor and delivery, emergency care units, and patient rooms (see Aarnio, Paragraph [0013]).); and associating the patient monitor with the second location when the patient monitor receives the second location signal (Aarnio, Paragraph [0046], The respective devices receive the location identifier and would be equipped to determine its own location based on the location identifier received.). Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Aarnio et al. (U.S. 2021/0196121 A1) in view of Geheb et al. (U.S. 5,685,314), in view of Takeda et al. (U.S. 2005/0165461 A1). Claim 2, Aarnio in view of Geheb further teaches: The method of claim 1. Aarnio in view of Geheb does not specifically teach: pairing the first mount with the patient monitor using a second wireless communication interface. Takeda teaches: Pairing a power receiving coil means using a second wireless communication interface (Takeda, Paragraph [0007], The wireless interface is electromagnetic induction.). Therefore, it would have been obvious to one of ordinary skill in the art, at the time of filing, to modify the mount with the patient monitor, as taught by Aarnio in view of Geheb, by integrating the teaching of a pair of coil means, as taught by Takeda. One of ordinary skill in the art would recognize that the use of electromagnetic induction is another known method of transferring energy (see Takeda, Paragraph [0007]), and implementing the coils in Takeda into the combination of Aarnio in view of Ogino would perform the same charging function, and would thus yield predictable results. Claim 3, Aarnio in view of Geheb, in view of Takeda further teaches: The method of claim 2, wherein the second communication interface uses an electromagnetic induction protocol (Takeda, Paragraph [0007]). Response to Arguments Applicant's arguments filed 01/23/2026 have been fully considered but they are not persuasive. In response to the Applicant’s argument that the Aarnio reference cannot operate at the Applicant’s specifications, e.g. -98 dBm and a maximum distance of 10 cm, the Examiner respectfully disagrees. The Applicant argues that the cited examples, e.g. Bluetooth, Bluetooth Low Energy (BLE), or ZigBee operate “best between 10 and 100m”, and thus concludes that operating outside of this range would render the invention of Aarnio inoperable for its intended purpose. It is unclear to one of ordinary skill in the art how operating outside of the “optimal” range of 10 to 100m would render Aarnio inoperable for its intended purpose. Additionally, Paragraph [0044] of Aarnio only lists these protocols as examples of short-ranged protocols, and further discloses that “other relatively short-range protocols may be desirable”. Although not explicitly recited, the broadest reasonable interpretation of “short-range protocols” would include protocols that are able to operate within “short” distances, e.g. 10 cm. In response to the Applicant’s argument regarding the amendment to claim 1 to include a “docking portion”, it appears the Applicant has also included the limitation of “a cradle” in the argument, which has been deleted. With respect to the “docking portion”, the Examiner respectfully disagrees with respect to the new grounds of rejection above, necessitated by the Applicant’s amendment. 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 JAMES J YANG whose telephone number is (571)270-5170. The examiner can normally be reached 9:30am-6:00p M-F. 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, BRIAN ZIMMERMAN can be reached at (571) 272-3059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JAMES J YANG/ Primary Examiner, Art Unit 2686
Read full office action

Prosecution Timeline

May 30, 2024
Application Filed
Oct 31, 2025
Non-Final Rejection mailed — §103
Jan 22, 2026
Examiner Interview Summary
Jan 22, 2026
Applicant Interview (Telephonic)
Jan 23, 2026
Response Filed
Apr 21, 2026
Final Rejection mailed — §103
Jun 22, 2026
Response after Non-Final Action

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Prosecution Projections

2-3
Expected OA Rounds
57%
Grant Probability
80%
With Interview (+22.6%)
3y 3m (~1y 1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 732 resolved cases by this examiner. Grant probability derived from career allowance rate.

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