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 .
Information Disclosure Statement
The information disclosure statements filed on 02/28/2024, 03/29/2024, and 01/06/2025 have been received and fully considered.
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, 3-5, and 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US20210137780A1 to Slepian (hereinafter “Slepian”).
Regarding claim 1, Slepian discloses a system for facilitating cardiopulmonary resuscitation (CPR) by a CPR performer on a patient (Fig. 2 system 200; Paragraph 0008 discloses the systems and methods disclosed are for displaying and analyzing physiological parameters during application of therapeutic maneuvers like CPR), the system comprising:
a first sensor configured to be positioned at least partially between a hand of the CPR performer and a chest of the patient, wherein the first sensor is configured to measure a depth of compressions performed by the CPR performer on the patient (Fig. 4 & 5B shows a variety of subject sensors 201; Paragraph 0072 discloses accelerometers sensors 202 are used to sense displacement of the chest of a patient during therapeutic movement);
a second sensor configured to be positioned at least partially between the hand of the CPR performer and the chest of the patient, wherein the second sensor is configured to measure a rate of the compressions (Figs. 4 & 5B shows multiple accelerometers 201, signal processing code 228; Paragraph 0082 discloses readings of the sternal notch and xiphoid process accelerometers are interpolated by signal processing code to directly estimate compression rate; Paragraph 0064 discloses the sensors discloses rate of motion (compressions)); and
a third sensor configured to be positioned at least partially between the hand of the CPR performer and the chest of the patient, wherein the third sensor is configured to measure a recoil of the compressions (Fig. 5B accelerometer sensor 205; Paragraph 0073 discloses the center-sternum accelerometer is integrated with a force sensor adapted to measure force applied by the operator to the sternum of the subject; Paragraph 0027 discloses the parameters measured by the sensors include recoil force during CPR); and
a computing system (Fig. 4 analysis display box 220, short range radio receiver 222, processor 224, memory 226, signal processing code 228, signature derivation code 230, network interface 232, database server 234, database of CPR episodes and outcomes 236, med records 241, signature comparison and display code 242, parameter display code 244, system code 246) configured to:
receive data from the first sensor, the second sensor, and the third sensor (Paragraph 0010 discloses the processor receives data from the accelerometer sensors via the short range digital radio receiver; Fig. 4 shows the subject sensors 201 communicate with the short range radio receiver);
compare the data to stored data in a library that corresponds to the data received from the first sensor, the second sensor, and the third sensor (Paragraph 0040 discloses when an optimal CPR motion signature is recorded for a user, the signature may be used as a guide signature for subsequent CPR on or by the same or different subjects); and
generate one or more outputs in response to the comparison (Paragraph 0099 discloses using the CPR signature relative to measured parameters during application of CPR; The motion signature generated by the CPR in a closed-loop fashion may produce an optimized CPR motion signature which provides enhanced therapeutic effect in the subject relative to CPR performed in the absence of the optimized CPR motion signature).
Regarding claim 3, Slepian discloses the system of claim 1, and Slepian further discloses further comprising a display configured to display the one or more outputs (Fig. 4 analysis display box 220; Paragraph 0095 disclose the display code is used to display parameters read from the sensors and producing by the processor; The display box may also show CPR signature comparison between stored values and current values being applied to the patient).
Regarding claim 4, Slepian discloses the system of claim 3, and Slepian further discloses wherein the display comprises an augmented reality (AR) headset configured to be positioned on a head of the CPR performer (Paragraph 0061 discloses the display system may also include an AR headset; Examiner notes the AR headset would be positioned on the CPR performer’s head).
Regarding claim 5, Slepian discloses the system of claim 3, and Slepian further discloses a measured depth indicator corresponding to the depth of the compressions measured by the first sensor (Fig. 4 & 5B shows a variety of subject sensors 201; Paragraph 0071 discloses accelerometers sensors 202 are used to sense displacement of the chest of a patient during therapeutic movement); and
a measured rate indicator corresponding to the rate of the compressions measured by the first sensor (Figs. 4 & 5B shows multiple accelerometers 201, signal processing code 228; Paragraph 0082 discloses readings of the sternal notch and xiphoid process accelerometers are interpolated by signal processing code to directly estimate compression rate).
Regarding claim 16, Slepian discloses a method for facilitating cardiopulmonary resuscitation (CPR) by a CPR performer on a patient (Fig. 2 system 200; Paragraph 0008 discloses the systems and methods disclosed are for displaying and analyzing physiological parameters during application of therapeutic maneuvers like CPR), the method comprising:
measuring a depth of compressions, a rate of the compressions, and a recoil of the compressions performed by the CPR performer on the patient using one or more sensors that are positioned at least partially between a hand of the CPR performer and a chest of the patient (Fig. 4 & 5B shows a variety of subject sensors 201; Paragraph 0071 discloses accelerometers sensors 202 are used to sense displacement of the chest of a patient during therapeutic movement; Figs. 4 & 5B shows multiple accelerometers 201, signal processing code 228; Paragraph 0082 discloses readings of the sternal notch and xiphoid process accelerometers are interpolated by signal processing code to directly estimate compression rate; Paragraph 0064 discloses the sensors discloses rate of motion (compressions); Fig. 5B accelerometer sensor 205; Paragraph 0071 discloses the center-sternum accelerometer is integrated with a force sensor adapted to measure force applied by the operator to the sternum of the subject; Paragraph 0027 discloses the parameters measured by the sensors include recoil force during CPR);
comparing the measured depth, rate, and recoil to a stored depth, rate, and recoil that are stored in a library (Fig. 4 analysis display box 220, short range radio receiver 222, processor 224, memory 226, signal processing code 228, signature derivation code 230, database of CPR episodes and outcomes 236, med records 241, signature comparison and display code 242; Paragraph 0040 discloses when an optimal CPR motion signature is recorded for a user, the signature may be used as a guide signature for subsequent CPR on or by the same or different subjects); and
generating one or more outputs in response to the comparison (Paragraph 0099 discloses using the CPR signature relative to measured parameters during application of CPR; The motion signature generated by the CPR in a closed-loop fashion may produce an optimized CPR motion signature which provides enhanced therapeutic effect in the subject relative to CPR performed in the absence of the optimized CPR motion signature).
Regarding claim 17, Slepian discloses the method of claim 16, and Slepian further discloses further comprising displaying the one or more outputs on an augmented reality (AR) headset that is configured to be positioned on a head of the CPR performer (Paragraph 0061 discloses the display system may also include an AR headset; Examiner notes the AR headset would be positioned on the CPR performer’s head).
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.
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Slepian in view of US20100228165A1 to Centen (hereinafter “Centen”).
Regarding claim 2, Slepian discloses the system of claim 1, Slepian does not disclose wherein the stored data comprises pediatric CPR guidelines. However, Centen teaches a CPR device which has pediatric CPR guidelines (Fig. 32; Paragraph 0091 discloses the CPR device may determine suitable CPR compression parameters based on a patient’s body type).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the processing logic and memory of Slepian to store pediatric guidelines, as taught by Centen, in order to provide CPR to infants or small children (Paragraph 0091).
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Slepian in view of US20170281462A1 to Freeman et al. (hereinafter “Freeman”).
Regarding claim 6, Slepian discloses the system of claim 5, but does not disclose wherein the one or more outputs also comprises a predetermined depth range based upon the stored data, and a predetermined rate range based upon the stored data. Freeman teaches a garment which has one or more sensors for detecting characteristics of CPR which has a predetermined depth range based upon stored data and a predetermined rate range based upon stored data (Paragraph 0165 discloses the processor can determine whether the depths and rates of the chest compressions satisfy predetermined criteria, including determining whether the deps are within predetermined ranges).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Slepian to further include a predetermined depth range and a predetermined rate range based upon stored data, as taught by Freeman, in order to provide increased CPR efficiency. Examiner notes that predetermined ranges allow for quicker administration of therapy to a patient.
Regarding claim 7, Slepian in view of Freeman discloses the system of claim 6, but Slepian does not disclose wherein the predetermined depth range and the predetermined rate range form a box, wherein the measured depth indicator and the measured rate indicator being inside the box indicate that the CPR performed by the CPR performer is satisfactory, and wherein one or both of the measured depth indicator and the measured rate indicator being outside the box indicate that the CPR performed by the CPR performer is unsatisfactory and should be modified to move the measured depth indicator and the measured rate indicator inside the box. However, Freeman teaches a device which monitors characteristics related to CPR being administered which has a predetermined depth range and a predetermined rate range form a box, wherein the measured depth indicator and the measured rate indicator being inside the box indicate that the CPR performed by the CPR performer is satisfactory, and wherein one or both of the measured depth indicator and the measured rate indicator being outside the box indicate that the CPR performed by the CPR performer is unsatisfactory and should be modified to move the measured depth indicator and the measured rate indicator inside the box (Paragraph 0177 discloses the touch screen 220 is configured to present an adaptable shape that indicates both the depths and rate of compressions being administered; The adaptable shape is sometimes referred as the perfusion performance indicator 510; Paragraph 0178 discloses the PPI 510 includes a vertical axis and a horizontal axis; The vertical may correspond to the depth of chest compressions, and the horizonal axis may correspond to the rate of chest compressions; Paragraph 0176 discloses the rate graph 508 may include a shaded portion that indicates a target zone within which the actual rate of compressions should reside; Paragraph 0175 discloses the depth graph may include a shaded portion that indicates a target zone within which the actual depths of the compressions should reside).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system a predetermined depth range and a predetermined rate range form a box, wherein the measured depth indicator and the measured rate indicator being inside the box indicate that the CPR performed by the CPR performer is satisfactory, and wherein one or both of the measured depth indicator and the measured rate indicator being outside the box indicate that the CPR performed by the CPR performer is unsatisfactory and should be modified to move the measured depth indicator and the measured rate indicator inside the box, as taught by Freeman, in order to provide a visual representation of the depth/rate trends of the administered chest compressions (Paragraph 0175).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Slepian in view of US20150045697A1 to Richard et al. (hereinafter “Richard”).
Regarding claim 8, Slepian discloses the system of claim 1, but does not disclose wherein the one or more outputs are transmitted back to, and cause vibration within, the first sensor, the second sensor, the third sensor, or a combination thereof. Richard teaches a peel and stick CPR assistance device where one or more outputs are transmitted back to, and cause vibration within the first sensor (Fig. 3 device 300, accelerometer 310, controller 330, vibratory element 370; Fig. 4 vibratory element 424; Paragraphs 0025, 0028-0029, 0039 disclose activating a vibratory element in the CPR assistive device during CPR).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Slepian to further include causing vibration with a sensor, as taught by Richard, in order to provide tactile feedback to the rescuer (Paragraph 0025). Examiner notes this modification also results in an ability to indicate activation of the device through tactile feedback to the rescuer (Paragraph 0039).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Slepian in view of Richard as applied to claim 8 above, and further in view of US20180040255A1 to Freeman et al. (hereinafter “Freeman 2”).
Regarding claim 9, Slepian in view of Richard discloses the system of claim 8, but does not disclose the CPR performer is instructed to modify the depth of the compressions based at least partially upon a strength of the vibrations, and the CPR performer is instructed to modify the rate of the compressions based at least partially upon a rate of the vibrations. However, Freeman 2 teaches a CPR device which has sensor that vibrates at different intensities for the CPR caregiver to administer different rates and depths of chest compressions (Paragraph 0180 discloses “Accordingly, in the case of chest compression rate, the haptic feedback component can vibrate with a noticeably higher level of intensity if the rate of compressions being performed is far from the target rate. The intensity of the vibration can decrease as the rate of chest compressions being performed becomes closer to the target rate. In some examples, a particular vibration pattern can be selected to correspond to a particular aspect of the resuscitation activity. For example, the wearable sensor device(s) 110, 112 could vibrate according to a first pattern to inform the acute care provider to initiate a chest compression and, once a target depth is reached, vibrate in another pattern to signal that the acute care provider should release the compression. In other examples, the wearable sensor devices 110, 112 can be configured to provide a low intensity vibration to encourage the acute care provider to begin a chest compression and a higher intensity vibration to encourage the acute care provider to release the chest compression.”).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of modified Slepian to have the CPR performer instructed to modify the depth of the compressions based at least partially upon a strength of the vibrations, and the CPR performer instructed to modify the rate of the compressions based at least partially upon a rate of the vibrations, as taught by Freeman 2, in order to provide haptic feedback to the CPR caregiver regarding depth of compressions and compression rate (Paragraph 0180).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Slepian in view of US20210298991A1 Goldman et al. (hereinafter “Goldman”).
Regarding claim 10, Slepian discloses the system of claim 1, but does not disclose a fourth sensor configured to be positioned at least partially between the hand of the CPR performer and the chest of the patient, wherein the fourth sensor is configured to measure a location of an internal member of the patient, and wherein the one or more outputs instruct the CPR performer to move the hand with respect to the internal member. However, Goldman teaches a CPR device with sensors positioned at least partially between the hand of the CPR performer and the chest of the patient, wherein the fourth sensor is configured to measure a location of an internal member of the patient, and wherein the one or more outputs instruct the CPR performer to move the hand with respect to the internal member (Fig. 1 sensor 120a; Paragraph 0055 discloses the sensor 120a may be an imaging sensor such as an ultrasound; Paragraph 0078 discloses the ultrasound images may be of a patient’s heart and that the image data may be used to provide caregiver feedback such as compression depth, compression rate, compression time).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify system of Slepian to further include a fourth sensor is configured to measure a location of an internal member of the patient, and wherein the one or more outputs instruct the CPR performer to move the hand with respect to the internal member, as taught by Goldman, in order to provide visual feedback to a CPR caregiver (Paragraph 0078).
Claims 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Slepian in view of US20210113086A1 to Siedenburg et al. (hereinafter “Siedenburg”), Centen, and Freeman.
Regarding claim 11, Slepian discloses a system for facilitating cardiopulmonary resuscitation (CPR) by a CPR performer on a patient (Fig. 2 system 200; Paragraph 0008 discloses the systems and methods disclosed are for displaying and analyzing physiological parameters during application of therapeutic maneuvers like CPR), the system comprising:
a plurality of sensors comprising:
a first sensor configured to be positioned at least partially between a hand of the CPR performer and a chest of the patient, wherein the first sensor is configured to measure a depth of compressions (Fig. 4 & 5B shows a variety of subject sensors 201; Paragraph 0071 discloses accelerometers sensors 202 are used to sense displacement of the chest of a patient during therapeutic movement);
a second sensor configured to be positioned at least partially between the hand of the CPR performer and the chest of the patient, wherein the second sensor is configured to measure a rate of compressions (Figs. 4 & 5B shows multiple accelerometers 201, signal processing code 228; Paragraph 0082 discloses readings of the sternal notch and xiphoid process accelerometers are interpolated by signal processing code to directly estimate compression rate; Paragraph 0064 discloses the sensors discloses rate of motion (compressions));
a third sensor configured to be positioned at least partially between the hand of the CPR performer and the chest of the patient, wherein the third sensor is configured to measure a recoil of compressions (Fig. 5B accelerometer sensor 205; Paragraph 0071 discloses the center-sternum accelerometer is integrated with a force sensor adapted to measure force applied by the operator to the sternum of the subject; Paragraph 0027 discloses the parameters measured by the sensors include recoil force during CPR);
a computing system configured to: receive data from the sensors; compare the data to a library, wherein the library comprises stored data that corresponds to the data received from one or more of the sensors (Fig. 4 analysis display box 220, short range radio receiver 222, processor 224, memory 226, signal processing code 228, signature derivation code 230, network interface 232, database server 234, database of CPR episodes and outcomes 236, med records 241, signature comparison and display code 242, parameter display code 244, system code 246; Paragraph 0040 discloses when an optimal CPR motion signature is recorded for a user, the signature may be used as a guide signature for subsequent CPR on or by the same or different subjects;),
generate one or more outputs in response to the comparison to instruct the CPR performer how to modify the CPR on the patient to reduce differences between the received data and the stored data (Paragraph 0040 discloses when an optimal CPR motion signature is recorded for a user, the signature may be used as a guide signature for subsequent CPR on or by the same or different subjects); and
an augmented reality (AR) headset configured to be positioned on a head of the CPR performer and to display the one or more outputs (Paragraph 0061 discloses the display system may also include an AR headset; Examiner notes the AR headset would be positioned on the CPR performer’s head), wherein the one or more outputs comprise:
a measured depth indicator corresponding to the depth of the compressions measured by the first sensor (Fig. 4 & 5B shows a variety of subject sensors 201; Paragraph 0071 discloses accelerometers sensors 202 are used to sense displacement of the chest of a patient during therapeutic movement);
a measured rate indicator corresponding to the rate of the compressions measured by the second sensor (Figs. 4 & 5B shows multiple accelerometers 201, signal processing code 228; Paragraph 0082 discloses readings of the sternal notch and xiphoid process accelerometers are interpolated by signal processing code to directly estimate compression rate).
Slepian does not disclose a fourth sensor configured to be positioned at least partially between the hand of the CPR performer and the chest of the patient, wherein the fourth sensor is configured to measure a location of a heart of the patient. However, Goldman teaches a CPR device with sensors positioned at least partially between the hand of the CPR performer and the chest of the patient, wherein the fourth sensor is configured to measure a location of a heart of the patient (Fig. 1 sensor 120a; Paragraph 0055 discloses the sensor 120a may be an imaging sensor such as an ultrasound; Paragraph 0078 discloses the ultrasound images may be of a patient’s heart and that the image data may be used to provide caregiver feedback such as compression depth, compression rate, compression time).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify system of Slepian to further include a fourth sensor is configured to measure a location of a heart of the patient, and wherein the one or more outputs instruct the CPR performer to move the hand with respect to the internal member, as taught by Goldman, in order to provide visual feedback to a CPR caregiver (Paragraph 0078).
Slepian does not disclose a fifth sensor configured to be positioned proximate to a mouth of the patient, wherein the fifth sensor is configured to measure a level of carbon dioxide that is released at an end of an exhaled breath, a sixth sensor positioned at least partially around or on the patient, wherein the sixth sensor is configured to measure a blood pressure of the patient, a seventh sensor positioned at least partially within or in contact with an artery, an arteriole, or a capillary of the patient, wherein the seventh sensor is configured to measure an oxygen saturation of the patient, an eighth sensor positioned at least partially within an artery of the patient, wherein the eighth sensor is configured to measure an arterial pressure of the patient, and a ninth sensor positioned on a head of the patient, an abdomen of the patient, or both, wherein the ninth sensor is configured to measure an oxygenation of tissues. However Siedenburg teaches a system for monitoring and analyzing a combination of physiologic monitoring data from a plurality of sensors during CPR which has a sensor configured to be positioned proximate to a mouth of the patient, wherein the fifth sensor is configured to measure a level of carbon dioxide that is released at an end of an exhaled breath (Fig. 5D CO2 sensor 202d; Paragraph 0078 discloses the sensor is used to measure CO2 exhaled or expelled by the patient; Paragraph 0082 discloses the sensor may be a capnograph; Examiner notes the sensor is located proximate a user’s mouth to measure expelled air), a sensor positioned at least partially around or on the patient, wherein the sixth sensor is configured to measure a blood pressure of the patient (Fig. 5D blood pressure sensor 202m; Paragraph 0082 discloses a blood pressure sensor may include a blood pressure cuff), a sensor positioned at least partially within or in contact with an artery, an arteriole, or a capillary of the patient, wherein the seventh sensor is configured to measure an oxygen saturation of the patient (Fig. 5B SpO2 sensor 202i; Paragraph 0092 discloses the SpO2 sensor measures the oxygen saturation in the patient’s blood), a sensor positioned at least partially within an artery of the patient, wherein the eighth sensor is configured to measure an arterial pressure of the patient (Siedenburg Paragraph 0082 discloses blood pressure sensor 202m may include one or more of a catheter inserted in an artery for direct invasive pressure measurement), and a sensor positioned on a head of the patient, an abdomen of the patient, or both, wherein the ninth sensor is configured to measure an oxygenation of tissues (Paragraph 0082 discloses an rS02 sensor for measuring oxygenation of the blood in cerebral tissue; Paragraph 0092 discloses the RS02 sensor 202a is used to measure tissue oxygenation).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Slepian to further include a fifth sensor configured to be positioned proximate to a mouth of the patient, wherein the fifth sensor is configured to measure a level of carbon dioxide that is released at an end of an exhaled breath, a sixth sensor positioned at least partially around or on the patient, wherein the sixth sensor is configured to measure a blood pressure of the patient, a seventh sensor positioned at least partially within or in contact with an artery, an arteriole, or a capillary of the patient, wherein the seventh sensor is configured to measure an oxygen saturation of the patient, an eighth sensor positioned at least partially within an artery of the patient, wherein the eighth sensor is configured to measure an arterial pressure of the patient, and a ninth sensor positioned on a head of the patient, an abdomen of the patient, or both, wherein the ninth sensor is configured to measure an oxygenation of tissues, as taught by Siedenburg, in order to provide helpful tips to the healthcare provider for altering therapy being delivered. (Paragraphs 0026-0027, 0080-0081).
Slepian does not disclose wherein the stored data comprises pediatric CPR guidelines provided by the American Heart Association (AHA). However, Centen teaches a CPR device which has pediatric CPR guidelines (Fig. 32; Paragraph 0091 discloses the CPR device may determine suitable CPR compression parameters based on a patient’s body type; Examiner notes that CPR guidelines are provided nationally by the American Heart Association).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the processing logic and memory of Slepian to store pediatric guidelines, as taught by Centen, in order to provide CPR to infants or small children (Paragraph 0091).
Slepian does not disclose a predetermined depth range based upon the stored data; and a predetermined rate range based upon the stored data, wherein the predetermined depth range and the predetermined rate range form a box, wherein the measured depth indicator and the measured rate indicator being inside the box indicate that the CPR performed by the CPR performer is satisfactory, and wherein one or both of the measured depth indicator and the measured rate indicator being outside the box indicate that the CPR performed by the CPR performer is unsatisfactory. However, Freeman teaches Freeman teaches a device which monitors characteristics related to CPR being administered which has a predetermined depth range based upon the stored data, and a predetermined rate range based upon the stored data (Freeman Paragraph 0165 discloses the processor can determine whether the depths and rates of the chest compressions satisfy predetermined criteria, including determining whether the deps are within predetermined ranges), wherein the predetermined depth range and the predetermined rate range form a box, wherein the measured depth indicator and the measured rate indicator being inside the box indicate that the CPR performed by the CPR performer is satisfactory, and wherein one or both of the measured depth indicator and the measured rate indicator being outside the box indicate that the CPR performed by the CPR performer is unsatisfactory (Paragraph 0177 discloses the touch screen 220 is configured to present an adaptable shape that indicates both the depths and rate of compressions being administered; The adaptable shape is sometimes referred as the perfusion performance indicator 510; Paragraph 0178 discloses the PPI 510 includes a vertical axis and a horizontal axis; The vertical may correspond to the depth of chest compressions, and the horizonal axis may correspond to the rate of chest compressions; Paragraph 0176 discloses the rate graph 508 may include a shaded portion that indicates a target zone within which the actual rate of compressions should reside; Paragraph 0175 discloses the depth graph may include a shaded portion that indicates a target zone within which the actual depths of the compressions should reside).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Slepian to have a predetermined depth range based upon the stored data; and a predetermined rate range based upon the stored data, wherein the predetermined depth range and the predetermined rate range form a box, wherein the measured depth indicator and the measured rate indicator being inside the box indicate that the CPR performed by the CPR performer is satisfactory, and wherein one or both of the measured depth indicator and the measured rate indicator being outside the box indicate that the CPR performed by the CPR performer is unsatisfactory, as taught by Freeman, in order to provide a visual representation of the depth/rate trends of the administered chest compressions (Paragraph 0175).
Regarding claim 12, Slepian in view of Goldman, Siedenburg, Centen, and Freeman discloses the system of claim 11, and Slepian further discloses wherein the first sensor, the second sensor, the third sensor, or a combination thereof comprises an accelerometer (Paragraphs 0010 and 0071 disclose the sensors may be accelerometers), a gyroscope, and a geomagnetic sensor.
Regarding claim 13, Slepian in view of Goldman, Siedenburg, Centen, and Freeman discloses the system of claim 11, but Slepian does not disclose further comprising a defibrillator positioned at least partially between the hand of the CPR performer and the chest of the patient, wherein the defibrillator comprises the first sensor, the second sensor, the third sensor, the fourth sensor, or a combination thereof. However, Freeman teaches a CPR system which has a defibrillator between the hand of the CPR performer and the chest of the patient wherein the defibrillator comprises a sensor (Paragraph 0252 discloses the one or more CPR sensors may be incorporated into a OneStep electrode that is configured to provide defibrillation and CPR assistance to the user; The electrode may include one or more accelerometers).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Slepian to have a defibrillator integrated with the sensors, as taught by Freeman, in order to provide therapeutic defibrillating shocks to the body of the patient if it is determined that such treatment is warranted (Paragraph 0149).
Regarding claim 14, Slepian in view of Goldman, Siedenburg, Centen, and Freeman discloses the system of claim 11, and Slepian as modified by Freeman further discloses wherein one or both of the measured depth indicator and the measured rate indicator being outside the box indicate that the CPR performed by the CPR performer should be modified to move the measured depth indicator and the measured rate indicator inside the box (Freeman Paragraph 0177 discloses the touch screen 220 is configured to present an adaptable shape that indicates both the depths and rate of compressions being administered; The adaptable shape is sometimes referred as the perfusion performance indicator 510; Paragraph 0178 discloses the PPI 510 includes a vertical axis and a horizontal axis; The vertical may correspond to the depth of chest compressions, and the horizonal axis may correspond to the rate of chest compressions; Paragraph 0176 discloses the rate graph 508 may include a shaded portion that indicates a target zone within which the actual rate of compressions should reside; Paragraph 0175 discloses the depth graph may include a shaded portion that indicates a target zone within which the actual depths of the compressions should reside).
Regarding claim 15, Slepian in view of Goldman, Siedenburg, Centen, and Freeman discloses the system of claim 11, but Slepian does not disclose wherein the one or more outputs also comprise a command to instruct the CPR performer to increase the depth of the compressions, decrease the depth of the compressions, increase the rate of the compressions, decrease the rate of the compressions, or a combination thereof. However, Freeman teaches a CPR assistive apparatus which has commands to instruct the CPR performer to increase the depth of compressions, decrease the depth of the compressions, increase the rate of the compressions, decrease the rate of the compressions, or a combination thereof (Freeman Paragraph 0125 discloses the device has a speaker which may provide verbal commands to the user (e.g. “push more quickly to match tone”, “push harder”)).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Slepian to further include output to command the CPR performer to increase the depth of compressions, decrease the depth of the compressions, increase the rate of the compressions, decrease the rate of the compressions, or a combination thereof, as taught by Freeman, in order to provide assistance to the user in providing chest compressions at an appropriate rate and/or depth (Paragraph 0125).
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Slepian in view of Freeman and EP3888741A1 to McAllister et al. (hereinafter “McAllister”).
Regarding claim 18, Slepian discloses the method of claim 16, and Slepian further discloses a measured depth indicator corresponding to the depth of the compressions measured by the one or more sensors (Fig. 4 & 5B shows a variety of subject sensors 201; Paragraph 0071 discloses accelerometers sensors 202 are used to sense displacement of the chest of a patient during therapeutic movement); a measured rate indicator corresponding to the rate of the compressions measured by the one or more sensors (Figs. 4 & 5B shows multiple accelerometers 201, signal processing code 228; Paragraph 0082 discloses readings of the sternal notch and xiphoid process accelerometers are interpolated by signal processing code to directly estimate compression rate); a measured recoil indicator corresponding to the recoil of the compressions measured by the one or more sensors (Fig. 5B accelerometer sensor 205; Paragraph 0071 discloses the center-sternum accelerometer is integrated with a force sensor adapted to measure force applied by the operator to the sternum of the subject; Paragraph 0027 discloses the parameters measured by the sensors include recoil force during CPR).
Slepian does not disclose a predetermined depth range based upon the stored data, and a predetermined rate range based upon the stored data. Freeman teaches a garment which has one or more sensors for detecting characteristics of CPR which has a predetermined depth range based upon stored data and a predetermined rate range based upon stored data (Paragraph 0165 discloses the processor can determine whether the depths and rates of the chest compressions satisfy predetermined criteria, including determining whether the deps are within predetermined ranges).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Slepian to further include a predetermined depth range and a predetermined rate range based upon stored data, as taught by Freeman, in order to provide increased CPR efficiency. Examiner notes that predetermined ranges allow for quicker administration of therapy to a patient.
Slepian does not disclose a predetermined recoil range based upon the stored recoil. However, McAllister teaches a CPR system which has a predetermined recoil range based upon stored data (Fig. 1 CPR assessment system 26; Paragraphs 0007-0008 disclose the CPR assessment system may determine either incomplete chest recoil or complete chest recoil when the amplitude of an impedance signal after a CPR chest compression is within a predetermined tolerance of an impedance baseline).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Slepian to have a predetermined recoil range based upon stored recoil, as taught by McAllister, in order to complete CPR compressions (Paragraph 0008).
Regarding claim 19, Slepian in view of Freeman and McAllister discloses the method of claim 18, but does not disclose wherein the predetermined depth range and the predetermined rate range form a box, and wherein a location of the measured depth indicator and the measured rate indicator with respect to the box instructs the CPR performer how to modify the compressions. However, Freeman teaches a device which monitors characteristics related to CPR being administered which wherein the predetermined depth range and the predetermined rate range form a box, and wherein a location of the measured depth indicator and the measured rate indicator with respect to the box instructs the CPR performer how to modify the compressions (Paragraph 0177 discloses the touch screen 220 is configured to present an adaptable shape that indicates both the depths and rate of compressions being administered; The adaptable shape is sometimes referred as the perfusion performance indicator 510; Paragraph 0178 discloses the PPI 510 includes a vertical axis and a horizontal axis; The vertical may correspond to the depth of chest compressions, and the horizonal axis may correspond to the rate of chest compressions; Paragraph 0176 discloses the rate graph 508 may include a shaded portion that indicates a target zone within which the actual rate of compressions should reside; Paragraph 0175 discloses the depth graph may include a shaded portion that indicates a target zone within which the actual depths of the compressions should reside).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Slepian to have the predetermined depth range and the predetermined rate range form a box, and wherein a location of the measured depth indicator and the measured rate indicator with respect to the box instructs the CPR performer how to modify the compressions, as taught by Freeman, in order to provide a visual representation of the depth/rate trends of the administered chest compressions (Paragraph 0175).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Slepian in view of US20180342178A1 to Gold (hereinafter “Gold”).
Regarding claim 20, Slepian discloses the method of claim 16, but does not disclose wherein the one or more outputs instruct the CPR performer to modify the compressions in response to the recoil being less than 95%. However, Gold teaches a cardiopulmonary resuscitation training apparatus and method which instructs the CPR performer to modify the compressions in response to the recoil being less than 95% (Paragraph 0034 discloses “The controller 12 produces the performance information, which may further include any corrective measure to be taken by the trainee. For example, if a total recoil of the chest has not occurred, the prompting device 13 may alert via the display 17 to completely release pressure or the audio device 20 may alert the trainee to wait before applying another chest compression or increase rate of compression.”; Examiner notes that an alert for recoil being less than “complete” would be anything less than 100%).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Slepian to further include instruction regarding the compressions is recoil is less than 95%, as taught by Gold, in order to allow for refilling of the heart with oxidized blood between chest compressions (Paragraph 0036).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US-5769800-A to Gelfand; US-6390996-B1 to Halperin; US-20170095401-A1 to Choi; US-20160098935-A1 to Duval; US-20140212862-A1 to Rodriguez; and US-20030091968-A1 to Eggert.
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/TYLER A RAUBENSTRAW/Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799
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