DETAILED ACTION
This Office action is responsive to communications filed on 07/06/2026. Claims 1, 3, 5, 9, & 12. Presently, Claims 1-15 remain pending and are hereinafter examined on the merits.
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
Previous Specification objections are withdrawn in view of the amendments filed on 07/06/2026.
Previous claim objections are withdrawn in view of the amendments filed on 07/06/2026.
Previous rejections under 35 USC § 112(b) are withdrawn in view of the amendments filed on 07/06/2026.
The Applicant’s arguments with respect to rejections under 35 USC § 102 have been fully, considered, but are not persuasive.
The Applicants are not persuasive. The rejection did not rely on the autobaud detection alone, as the determining of a gradient signal activity value. Rather, Feinstein identifies the presence and activity of the time varying magnetic field gradients as a source of interference within the MRI environment and uses the resulting operating conditions to govern the adaptive data transfer mechanism. Freinstein further teaches automatically detecting and correcting changes in the baud rate to maintain reliable data transmission when the environmental interference causes clock drift and data loss. Thus, under this broad language of the claim, the detected gradient related operating conditions constitutes a gradient signal activity value, and the corresponding autobaud adjustment constitutes dynamically adjusting the data transfer rate based on that value.
Applicants’ distinction between receiver side synchronization and a transfer side adjustment is not commensurate within the scope of the claim. The claim requires a processor configured to adjust the data transfer rate of wireless data transmitted from the transceiver, not that the processor alter a transmitter clock, exclude receiver side rate adaptation, or implement a particular arrangement as argued by the Applicant. Applicant relies on implementation details not reflected in the claim. Applicant attacks Feinstein’s autobaud disclosure for not independently teaching the gradient activity limitation, although the rejection relied on the MRI gradient disclosure in combination with its adaptive baud-rate disclosures to establish the claimed relationship. Applicant is additionally reminded under the broadest reasonable interpretation the claim states that “dynamically adjust the default data transfer rate of the wireless data transmitted from the transceiver to an adjusted data transfer rate based on [emphasis added] the gradient signal activity value.”. The term “based on” is ambiguous and lacks precision. The term “based on” is a broad and ambiguous term that doesn’t clearly define the extent or nature of the relationship that claimed invention is intended to present. As such, the term “based on” implies that the claim invention is derived from or closely related to gradient environment. There are not explicit steps or additional limitations recited in the claim that preclude this interpretation.
The 35 USC § 102 is maintained.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-8, & 10-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Feinstein et al (US 2006/0241392 A1).
Claim 1: Freinstein discloses, A wireless signaler ((12), ¶0021, ¶0036, ¶0044-0045), comprising:
a transceiver (34 & 36 - (¶Abstract, ¶0018-0019, ¶0022-0023, ¶0044-0046, ¶0085-0086, Claim 1)), configured to transmit, by a communication link (¶0039, ¶0055-0056, ¶0064, ¶0068), wireless data associated with a physiological parameter of a patient (¶Abstract, ¶0012, ¶0020 ¶0034, ¶0044-0045) at a default data transfer rate (¶0060, ¶0064, ¶0066, ¶0077) within a patient information system (wireless monitoring system 10); and
-Freinstein discloses a predefined transmitter configuration mechanism that establishes a baseline data transfer setting at initialization, as shown by the “BAUD RATE WORDS” configuration and the “TRANSMITTER STATUS AND CONTROL”, which establishes an existence of a default data transfer rate, pg. 9.
a processor (¶0047, ¶0054, Claim 6) configured to:
receive and preprocess an input signal comprising a signal corresponding to the physiological parameter of the patient (¶0020, ¶0044-0045) and transient gradient signals from a gradient system; (Because these the sensors operate within an MRI environment, the input signals are not clean; hence they include interference cause by the magnetic field and the “time varied magnetic field (TFMF) gradients, ¶0011-0020, ¶0020. These transient gradient signals (i.e., TVMF gradients) are “briefly applied” during the scanning process are from a gradient system (i.e., an MRI gradient system). See also the following regarding the combined signal, ¶0048-0049, ¶0052-0056, ¶0089-0090)
determine a gradient signal activity value of the gradient system;
-Freinstein teaches identifying Time varied magnetic field (TVMF) gradients are part of the MRI environment used to spatially encode RF signals emitted from the subject’s tissues, ¶0009-0012. These gradients induce interference that is to be addressed, ¶0012. Therefore, the identification of their presence is used to define the constraints of the monitoring system (i.e., a determination of gradient signal activity value of the gradient system).
dynamically adjust the default data transfer rate of the wireless data transmitted from the transceiver to an adjusted data transfer rate based on the gradient signal activity value.
Upon review of the limitation, under the broadest reasonable interpretation the claim states that “dynamically adjust the default transfer rate of the wireless data transmitted from the transceiver to an adjusted data transfer rate based on [emphasis added] the gradient signal activity value.”. The term “based on” is ambiguous and lacks precision. The term “based on” is a broad and ambiguous term that doesn’t clearly define the extent or nature of the relationship that claimed invention is intended to present. As such, the term “based on” implies that the claim invention is derived from or closely related to gradient environment. There are not explicit steps or additional limitations recited in the claim that preclude this interpretation.
-Freinstein teaches a microcontroller in a wireless interface that includes automatically detecting the baud rate (i.e., auto-baud/autobaud detection) of an incoming transmission, ¶0065-0067, ¶0078. This adjustment is dynamic because it allows the receiver to synchronize its internal clock to the transmitter data stream in real-time, ¶0064, ¶0078. In that, this is necessary because the baud rate can drift or be altered due to environmental factors, ¶0066-0067, ¶0078. The dynamic adjustment is to minimize data losses and maintain the stability of the wireless link in the noise MRI environment where hardware performance may be inconsistent, ¶0079-0080. This ensures, “error-free data transfer” by ensuring the receiver matches the speed of the transmitter, ¶0064. The MRI environment consist of the strong magnetic field, RF pulses, and TVMF gradients. This environment (i.e., the TVMF gradients) causes interferences that leads to the loss of data. Specifically, the environment causes variation in temperature and voltage due to interference which leads to drift in the baud rate clock, ¶0065-0067, ¶0078, resulting to data loss and corruption by the noise or interference. The adaptive transfer rate (i.e., the auto-baud detection technique) minimizes this data loss occurring in this noisy setting, ¶0011-0012, ¶0020, ¶0065, ¶0079. Hence, the adaptive transfer rate (i.e., auto-baud detection technique) is based on and directly related to the magnetic field (i.e., the TVMF gradient) because it is a reliability mechanism required for the transceiver to maintain a stable, error-free connection while operating inside an active MRI scanner. The “automatic” detection feature is a mechanism to dynamically adjust and correct a transmission rate that is unstable or shifted due to the operating environment.
Claim 2: Freinstein discloses all the elements above in claim 1, Freinstein discloses:
wherein the gradient system is part of a magnetic resonance imaging (MRI) system. (¶0036)
Claim 3: Freinstein discloses all the elements above in claim 1, Freinstein discloses:
wherein the signal corresponding to the physiological parameter of the patient comprises an electrocardiography (ECG) signal. (¶Abstract, ¶0019, ¶0034, ¶0037-0038, ¶0044)
Claim 4: Freinstein discloses all the elements above in claim 1, Freinstein discloses:
wherein the adjusted data transfer rate comprises a minimum rate needed to communicate the signal corresponding to the physiological parameter taking into consideration a data phase encoding process occurring during an image acquisition process.
-Freinstein discloses adjusting the data transfer rate within the 56,000 for the system to function. Hence, teaches a microcontroller in a wireless interface that includes automatically detecting the baud rate (i.e., auto-baud/autobaud detection) of an incoming transmission, ¶0065-0067, ¶0078. This adjustment being dynamic to allows the receiver to synchronize its internal clock to the transmitter data stream in real-time, ¶0064, ¶0078. The selection of 55,555 is chosen to ensure the device operates within the physical specification of the wireless transmitter, ¶0057 & pg. 9, (i.e., the minimum rate to communicate the corresponding physiological parameter). Working in concert, Freinstein takes in consideration time varied magnetic field gradient applied to spatially encode the RF signals emitted from the subject’s tissue, ¶0009-0010. These gradients and the resulting signals are part of the MR environment that introduce interference, ¶0011-0012. This spatial encoding constitutes as phase encoding during the image acquisition process.
Claim 5: Freinstein discloses all the elements above in claim 1, Freinstein discloses:
wherein the transceiver is configured to transmit the wireless data associated with the received input signal to a patient monitor (18) comprising a display, and wherein the patient monitor is part of the patient information system or otherwise connected to the patient information system.
-Freinstein discloses, the wireless monitor 12 is strapped or secured and/or mounted on a subject, ¶0034. The device 12 contains the sensors and wireless transmitter, ¶0034. The data is transmitted from the device 12 corresponding to each sensor to computer 18 for monitoring the analysis, ¶0040. The personal computer 18 (i.e., patient monitor) is part of and otherwise connected to the patient information system 10, FIG. 1. The computer 18, is adapted to process, tabulate, graph, display and analyze the information, ¶0022.
Claim 6: Freinstein discloses all the elements above in claim 1, Freinstein discloses:
wherein the processor is further configured to determine an effective number of bits of the received input signal.
-Freinstein teaches, that the default configuration results in a selected transmission speed of approximately 55,555 bits per second, representing the system’s determined effective number of bits, on pg. 9 in view of ¶0003, ¶0020-0026, under “BAUD RATE WORDS”, the system selects a baud rate of 55,555, that is within the transmitters maximum value of 56,000.
Claim 7: Freinstein discloses all the elements above in claim 6, Freinstein discloses:
wherein the processor is further configured to compare the determined effective number of bits of the received input signal with a predetermined or default maximum effective number of bits used when the transient gradient signals are present.
-Freinstein defines a maximum supported transmission speed of 56,000 bits per second, representing the default maximum number of bits, pg. 9 under “BAUD RATE WORDS”, the system selects a baud rate of 55,555, that is within the transmitters maximum value of 56,000. Freinstein explicitly compares this value of the determined effective number of bits of the received input signal by noting that 55,555 “is within the maximum value of 56000 for the transmitter”, on pg. 9 in view of ¶0003, ¶0020-0026. Thereby ensuring that the configuration transmission speed does not exceed the physical limitations of the wireless monitor.
Claim 8: Freinstein discloses all the elements above in claim 7, Freinstein discloses:
wherein the processor is further configured to reduce the default data transfer rate when the determined effective number of bits of the received input signal is lower than the predetermined or default maximum effective number of bits used when the transient gradient signals are present.
-Freinstein defines a maximum supported transmission speed of 56,000 bits per second, representing the default maximum number of bits, pg. 9 under “BAUD RATE WORDS”, the system selects a baud rate of 55,555 (i.e., a reduction from the 56,000), with is lower that the default maximum effective number of 56,6000, during the imaging procedure.
Claim 10: Freinstein discloses, A system for monitoring a physiological parameter of a patient, (¶Abstract ¶0021, ¶0036, ¶0044-0045), comprising:
a wireless signaler (12) comprising a transceiver (34 & 36 - (¶Abstract, ¶0018-0019, ¶0022-0023, ¶0044-0046, ¶0085-0086, Claim 1)) configured to transmit, by a communication link (¶0039, ¶0055-0056, ¶0064, ¶0068), wireless data associated with the physiological parameter of the patient (¶Abstract, ¶0012, ¶0020 ¶0034, ¶0044-0045) at a default data transfer rate; (¶0060, ¶0064, ¶0066, ¶0077)
-Freinstein discloses a predefined transmitter configuration mechanism that establishes a baseline data transfer setting at initialization, as shown by the “BAUD RATE WORDS” configuration and the “TRANSMITTER STATUS AND CONTROL”, which establishes an existence of a default data transfer rate, pg. 9.
a patient monitor (computer 18) comprising a receiver configured to receive the wireless data transmitted from the transceiver of the wireless transceiver at the default data transfer rate; and (¶0034-0035, ¶0039-0040, ¶0078)
a processor (¶0047, ¶0054, Claim 6) communicably coupled with the wireless signaler, wherein the processor is configured to:
(i) receive and preprocess an input signal comprising a signal corresponding to the physiological parameter of the patient and transient gradient signals from a gradient system;
(Because these the sensors operate within an MRI environment, the input signals are not clean; hence they include interference cause by the magnetic field and the “time varied magnetic field (TFMF) gradients, ¶0011-0020, ¶0020. These transient gradient signals (i.e., TVMF gradients) are “briefly applied” during the scanning process are from a gradient system (i.e., an MRI gradient system). See also the following regarding the combined signal, ¶0048-0049, ¶0052-0056, ¶0089-0090)
(ii) determine a gradient signal activity value of the gradient system; and
-Freinstein teaches identifying Time varied magnetic field (TVMF) gradients are part of the MRI environment used to spatially encode RF signals emitted from the subject’s tissues, ¶0009-0012. These gradients induce interference that is to be addressed, ¶0012. Therefore, the identification of their presence is used to define the constraints of the monitoring system (i.e., a determination of gradient signal activity value of the gradient system).
(iii) dynamically adjust the default data transfer rate of the wireless data transmitted from the transceiver to an adjusted transfer rate based on the gradient signal activity value.
Upon review of the limitation, under the broadest reasonable interpretation the claim states that “dynamically adjust the default data transfer rate of the wireless data transmitted from the transceiver to an adjusted transfer rate based on [emphasis added] the gradient signal activity value.“ The term “based on” is ambiguous and lacks precision. The term “based on” is a broad and ambiguous term that doesn’t clearly define the extent or nature of the relationship that claimed invention is intended to present. As such, the term “based on” implies that the claim invention is derived from or closely related to gradient environment. There are not explicit steps or additional limitations recited in the claim that preclude this interpretation.
-Freinstein teaches a microcontroller in a wireless interface that includes automatically detecting the baud rate (i.e., auto-baud/autobaud detection) of an incoming transmission, ¶0065-0067, ¶0078. This adjustment is dynamic because it allows the receiver to synchronize its internal clock to the transmitter data stream in real-time, ¶0064, ¶0078. In that, this is necessary because the baud rate can drift or be altered due to environmental factors, ¶0066-0067, ¶0078. The dynamic adjustment is to minimize data losses and maintain the stability of the wireless link in the noise MRI environment where hardware performance may be inconsistent, ¶0079-0080. This ensures, “error-free data transfer” by ensuring the receiver matches the speed of the transmitter, ¶0064. The MRI environment consist of the strong magnetic field, RF pulses, and TVMF gradients. This environment (i.e., the TVMF gradients) causes interferences that leads to the loss of data. Specifically, the environment causes variation in temperature and voltage due to interference which leads to drift in the baud rate clock, ¶0065-0067, ¶0078, resulting to data loss and corruption by the noise or interference. The adaptive transfer rate (i.e., the auto-baud detection technique) minimizes this data loss occurring in this noisy setting, ¶0011-0012, ¶0020, ¶0065, ¶0079. Hence, the adaptive transfer rate (i.e., auto-baud detection technique) is based on and directly related to the magnetic field (i.e., the TVMF gradient) because it is a reliability mechanism required for the transceiver to maintain a stable, error-free connection while operating inside an active MRI scanner. The “automatic” detection feature is a mechanism to dynamically adjust and correct a transmission rate that is unstable or shifted due to the operating environment.
Claim 11: Freinstein discloses all the elements above in claim 10, Freinstein discloses:
wherein the gradient system is part of a magnetic resonance imaging (MRI) system. (¶0036)
Claim 12: Freinstein discloses all the elements above in claim 10, Freinstein discloses:
wherein the signal corresponding to the physiological parameter of the patient comprises an electrocardiography (ECG) signal. (¶Abstract, ¶0019, ¶0034, ¶0037-0038, ¶0044)
Claim 13: Freinstein discloses all the elements above in claim 10, Freinstein discloses:
wherein the adjusted data transfer rate comprises a minimum rate needed to communicate the signal corresponding to the physiological parameter taking into consideration a data phase encoding process occurring during an image acquisition process.
-Freinstein discloses adjusting the data transfer rate within the 56,000 for the system to function. Hence, teaches a microcontroller in a wireless interface that includes automatically detecting the baud rate (i.e., auto-baud/autobaud detection) of an incoming transmission, ¶0065-0067, ¶0078. This adjustment being dynamic to allows the receiver to synchronize its internal clock to the transmitter data stream in real-time, ¶0064, ¶0078. The selection of 55,555 is chosen to ensure the device operates within the physical specification of the wireless transmitter, ¶0057 & pg. 9, (i.e., the minimum rate to communicate the corresponding physiological parameter). Working in concert, Freinstein takes in consideration time varied magnetic field gradient applied to spatially encode the RF signals emitted from the subject’s tissue, ¶0009-0010. These gradients and the resulting signals are part of the MR environment that introduce interference, ¶0011-0012. This spatial encoding constitutes as phase encoding during the image acquisition process.
Claim 14: Freinstein discloses all the elements above in claim 10, Freinstein discloses:
wherein the patient monitor further comprises: a monitor processor configured to post-process the wireless data received from the transceiver; and a display configured to display the post-processed wireless data.
-Freinstein discloses, the wireless monitor 12 is strapped or secured and/or mounted on a subject, ¶0034. The device 12 contains the sensors and wireless transmitter, ¶0034. The data is transmitted from the device 12 corresponding to each sensor to computer 18 for monitoring the analysis, ¶0040. The personal computer 18 (i.e., patient monitor) is part of and otherwise connected to the patient information system 10, FIG. 1. The computer 18, is adapted to process, tabulate, graph, display and analyze the information, ¶0022. The computers processor receives the transmitted data from the transceiver, ¶Abstract, ¶0035 via the wireless interface 16.
Claim 15: Freinstein discloses all the elements above in claim 10, Freinstein discloses:
wherein the processor is further configured to: (i) determine an effective number of bits of the received input signal;
-Freinstein teaches, that the default configuration results in a selected transmission speed of approximately 55,555 bits per second, representing the system’s determined effective number of bits, on pg. 9 in view of ¶0003, ¶0020-0026, under “BAUD RATE WORDS”, the system selects a baud rate of 55,555, that is within the transmitters maximum value of 56,000.
(ii) compare the determined effective number of bits of the received input signal with a predetermined or default maximum effective number of bits used when the transient gradient signals are present; and
-Freinstein defines a maximum supported transmission speed of 56,000 bits per second, representing the default maximum number of bits, pg. 9 under “BAUD RATE WORDS”, the system selects a baud rate of 55,555, that is within the transmitters maximum value of 56,000. Freinstein explicitly compares this value of the determined effective number of bits of the received input signal by noting that 55,555 “is within the maximum value of 56000 for the transmitter”, on pg. 9 in view of ¶0003, ¶0020-0026. Thereby ensuring that the configuration transmission speed does not exceed the physical limitations of the wireless monitor.
(iii) reduce the default data transfer rate when the determined effective number of bits of the received input signal is lower than the predetermined or default maximum effective number of bits used when the transient gradient signals are present.
-Freinstein defines a maximum supported transmission speed of 56,000 bits per second, representing the default maximum number of bits, pg. 9 under “BAUD RATE WORDS”, the system selects a baud rate of 55,555 (i.e., a reduction from the 56,000), with is lower that the default maximum effective number of 56,6000, during the imaging procedure.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Feinstein et al (US 2006/0241392 A1), as applied to claim 8, in further view of Lee (US-20030117956-A1).
Claim 9: Freinstein discloses all the elements above in claim 8, Freinstein discloses:
wherein the processor is further configured to reduce the default data transfer rate associated with the determined effective number of bits of the received input signal.
-Freinstein defines a maximum supported transmission speed of 56,000 bits per second, representing the default maximum number of bits, pg. 9 under “BAUD RATE WORDS”, the system selects a baud rate of 55,555 (i.e., a reduction from the 56,000), with is lower that the default maximum effective number of 56,6000, during the imaging procedure.
Freinsten fails to disclose, reduce the default transfer rate according to a predetermined reduced transfer rate
However, Lee in the context of setting data transmission rates for communication discloses, reduce the default transfer rate according to a predetermined reduced transfer rate (¶0067-0068, ¶0079, Claim 6. ¶0029, -The data transfer rate of a default transfer rate is reduced to a predetermined reduced rate referring to the reduction to a “half rate” or a lower speed amount the set of defined rates.)
It would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to modify the default transfer rate of Frienstein to be configured to be reduced according to a predetermined reduced transfer rate as taught by Lee. The motivation to do this yield predictable results such as to ensure reliable connection of data transmission in unstable environments by lowering the transmission rate, as suggested by Lee, ¶Abstract, ¶0067.
Conclusion
THIS ACTION IS MADE FINAL. 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 Nicholas Robinson whose telephone number is (571)272-9019. The examiner can normally be reached M-F 9:00AM-5:00PM EST.
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/N.A.R./Examiner, Art Unit 3798
/PASCAL M BUI PHO/Supervisory Patent Examiner, Art Unit 3798
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