Prosecution Insights
Last updated: May 29, 2026
Application No. 18/724,229

DEVICES AND METHODS FOR MONITORING PHYSIOLOGICAL PARAMETERS OF PATIENTS AND DISPLAYING CUSTOMIZABLE PARAMETER CONFIGURATIONS

Non-Final OA §102
Filed
Jun 26, 2024
Priority
Dec 30, 2021 — provisional 63/294,976 +1 more
Examiner
SAHAND, SANA
Art Unit
3796
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
DRÄGERWERK AG & CO. KGAA
OA Round
1 (Non-Final)
62%
Grant Probability
Moderate
1-2
OA Rounds
1y 6m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allowance Rate
198 granted / 318 resolved
-7.7% vs TC avg
Strong +27% interview lift
Without
With
+26.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
50 currently pending
Career history
386
Total Applications
across all art units

Statute-Specific Performance

§101
5.2%
-34.8% vs TC avg
§103
85.5%
+45.5% vs TC avg
§102
3.2%
-36.8% vs TC avg
§112
0.8%
-39.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 318 resolved cases

Office Action

§102
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 . 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. Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Pat Pub no. 20210000431 to Ahmed et al. (hereinafter “Ahmed”). Regarding claims 1 and 11. (Original) Ahmed discloses an electronic device and method capable of executing a customizable configuration for displaying one or more physiological parameters of a patient (para 0005, 0061, 0062, 0271 etc. “clinician device 104”) comprising: a display configured to display the one or more physiological parameters of the patient (para 0169, figs 20-48, specifically see fig. 33); and one or more processors configured to: provide a graphical user interface (GUI) on the display (para 0052, 0061, 0104 “smartphone”, “tablet”, “cell phone”, “touchscreen”, etc. claim 33, fig. 1 and 33, etc.), the GUI including: a first sub-area configured to display a measured value of the one or more physiological parameters (para 0130, 0169, fig. 16 and 33 “patient data 1620”), and a visual indicator indicating a locking status of the first sub-area (fig. 33; The claim as written does not provide any details regarding “indicating a locking status”, under its broadest reasonable interpretation, any indication that the data is locked would over the limitation as written; Here, area 1620 compared to area 1630 does not provide a scrollbar; therefore, indicating a locked status to the viewer who is unable to scroll or modify the data), and a second sub-area configured to display a measured value of at least two of the one or more physiological parameters (para 0130, 0132, 0169-0170 “grid 1630”), and a visual indicator indicating a scrollable status of the second sub-area (para 0130-0131, 0170 “scroll bar 3390”, fig. 33), and upon receipt of an input, cause the measured value of the one or more physiological parameters to be displayed in one of the first sub-area and the second sub-area (fig. 33, para 0053, 0169, etc., “obtain patient data”). Regarding claims 2 and 12. (Original) Ahmed discloses the electronic device of claim 1 and method of claim 11, wherein the one or more physiological parameters of the patient comprises electrocardiogram, non-invasive peripheral oxygen saturation, non-invasive blood pressure, arterial blood pressure, invasive blood pressure, heart rate, respiratory rate, temperature, ST segment, tidal carbon dioxide, neuromuscular transmission, cardiac output and apnea (para 0059 “measure parameters such as oxygen saturation or SpO2, respiratory rate, blood pressure, heart rate or pulse rate perfusion, other blood gas parameters, brain activity, brain oxygen saturation, any of the other parameters described herein, and the like”, para 0132). Regarding claims 3 and 13. (Original) Ahmed discloses the electronic device of claim 1 and method of claim 11, wherein the measured value of the one or more physiological parameters is displayed at least in a form of: a waveform indicating a plurality of measured values over a pre-determined time period corresponding to the one or more physiological parameters; or a numerical value of the one or more physiological parameters (fig. 33). Regarding claims 4 and 14. (Original) Ahmed discloses the electronic device of claim 1 and method of claim 11, wherein: upon the receipt of the input, the one or more processors are configured to: move the measured value of the one or more physiological parameters displayed in the first sub-area to the second sub-area; or move the measured value of the one or more physiological displayed in the second sub- area to the first sub-area (para 0271 “clinician device 104 can use user-specified customization to dynamically output a user interface, such as the type of notifications to view in a user interface, the layout of the notifications, or any other type of customization.”). Regarding claims 5 and 15. (Original) Ahmed discloses the electronic device of claim 1 and method of claim 11 wherein: the input is provided via a user's gesture control (para 0131 “rows 1620 can be panned or zoomed, for example, using finger gestures like taps”). Regarding claims 6 and 16. (Original) Ahmed discloses the electronic device of claim 5 and method of claim 15, wherein: the gesture control is in a form of tap, drag-and-drop, touchdown-and-drag, touchdown- and-hold, flick, pinch, spread, swipe, or a combination thereof (para 0131 “rows 1620 can be panned or zoomed, for example, using finger gestures like taps, finger drags, and pinch zooms”). Regarding claims 7 and 17. (Original) Ahmed discloses the electronic device of claim 1 and method of claim 11, wherein the one or more processors are further configured to provide at least one of: a default configuration automatically provided by the electronic device; a user-determined configuration saved in the electronic device or transmitted via a communication interface of the electronic device, wherein the communication interface is configured to be connected to a communication network; or an automatically adjusted configuration based on a real-time change in the measured value of the one or more physiological parameters (para 0189, figs 49-53 and 103 and para 0250; it is noted that only one of the above is being required). Regarding claims 8 and 18. (Original) Ahmed discloses the electronic device of claim 1 and method of claim 11, wherein the electronic device is a physiological patient monitor (para 0053, 0059). Regarding claims 9 and 19. (Original) Ahmed discloses the electronic device of claim 1 and method of claim 11electronic device of claim 1, wherein the electronic device is a multimodality patient-care device (para 0053, 0059). Regarding claims 10 and 20. (Original) Ahmed discloses the electronic device of claim 1 and method of claim 11, wherein the electronic device is a remote patient watch device (para 0053, 0059). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20160206252 A9 to McKeown et al.; US 20190239825 A1 to Kumar et al.; US 20140275819 to Kassem et al. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANA SAHAND whose telephone number is (571)272-6842. The examiner can normally be reached M-Th 8:30 am -5:30 pm; F 9 am-3 pm. 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, Jennifer S McDonald can be reached at (571) 270- 3061. 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. /SANA SAHAND/Examiner, Art Unit 3796
Read full office action

Prosecution Timeline

Jun 26, 2024
Application Filed
Feb 17, 2026
Non-Final Rejection mailed — §102
May 07, 2026
Applicant Interview (Telephonic)
May 07, 2026
Examiner Interview Summary
May 13, 2026
Response Filed

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
62%
Grant Probability
89%
With Interview (+26.9%)
3y 5m (~1y 6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 318 resolved cases by this examiner. Grant probability derived from career allowance rate.

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