DETAILED ACTION
Acknowledgements
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-28 are pending.
This action is Non-Final.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-28 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-59 of U.S. Patent No. 12029533. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims form a generic subgeneric/species relationship to the claims already issued. In analysis, the current claims have generally the same form, are broader, and/or contain slight variations which amount to obvious variants to the claimed and issued limitations. The fact that the species or sub-genus claimed in the conflicting patent anticipates the claimed genus in the application being examined and, therefore, a patent to the genus would improperly extend the right to exclude granted by a patent to the species or sub-genus. In comparing the claims, the underlining is identical, or nearly identical features of independent claims, which may be claimed as obvious variants, the bold and italics are obvious variations of the same or similar meaning in the structure or functions.
18763033 (Instant application)
US Patent 12029533
1. A blood pressure analysis method comprising:
sampling an output signal from an analog sensor using an analog sensor A/D converter through a fiber optic signal conditioner to produce a digital sensor output value;
applying, using a digital signal processor (DSP), calibration factors to said digital sensor output value to produce a digital compensated sensor value;
storing a plurality of said digital compensated sensor values and time-stamp data associated with each of said plurality of said digital compensated sensor values;
receiving a selection of at least one stored analysis algorithm from a user interface of an intelligent patient monitor interface connected between the analog sensor and at least one external device, wherein said selected at least one analysis algorithm is retrieved and applied by said DSP to pressure waveforms detected by the analog sensor, wherein the at least one analysis algorithm are selected from averaging, curve fitting, interpolation, extrapolation, peak fitting, peak selection, and mean averaging;
applying in real-time, with said DSP, said selected at least one analysis algorithm to said detected pressure waveforms and displaying results of said applying on a blood pressure display of the user interface;
sensing, with the intelligent patient monitor interface, an analog Wheatstone Bridge excitation signal to form a bridge excitation value;
converting each said digital compensated sensor value from digital to analog using a D/A converter in the intelligent patient monitor interface to produce an analog compensated sensor value; and
scaling said analog compensated sensor value by said bridge excitation value to produce an analog Wheatstone Bridge sense signal that is output by the intelligent patient monitor interface.
30. A blood pressure analysis method comprising:
(1) sampling an output signal from an analog sensor (ASEN) using an analog sensor A/D converter (ADC) through a fiber optic signal conditioner that is in communication with the analog sensor via a fiber optic connector that is part of the fiber optic signal conditioner, to produce a digital sensor output value;
(2) retrieving calibration factors (CALF) stored on at least one memory device (TSM) with a digital signal processor (DSP) housed in an intelligent patient monitor interface, wherein the TSM is housed in the fiber optic connector, wherein the intelligent patient monitor interface is configured to connect between ASEN and at least one external device;
(3) applying calibration factors (CALF) to said digital sensor output value using the digital signal processor to produce a digital compensated sensor value (DCV);
(4) storing a plurality of said DCV and time-stamp data associated with each of said plurality of said DCV in said TSM of the intelligent patient monitor interface;
(5) selecting at least one analysis algorithm with a user interface of the intelligent patient monitor interface, wherein said at least one analysis algorithm is configured to be retrieved by said DSP and to be applied to pressure waveforms recorded in the TSM, wherein the at least one analysis algorithm are stored in TSM and includes selections from averaging, curve fitting, interpolation, extrapolation, peak fitting, peak selection, and mean averaging;
(6) applying in real-time said at least one analysis algorithm with said DSP to said pressure waveforms recorded in the TSM and displaying results of said at least one analysis algorithm on a blood pressure display (BPD) of the user interface;
(7) sensing an analog Wheatstone Bridge excitation signal (AWBES) to form a bridge excitation value (BEV) with the intelligent patient monitor interface;
(8) converting said DCV from digital to analog using a D/A converter in the intelligent patient monitor interface to produce an analog compensated sensor value (ACV); and
(9) scaling said ACV by said BEV to produce an analog Wheatstone Bridge sense signal (AWBSS), that is output by the intelligent patient monitor interface.
15. A blood pressure analysis system, comprising:
an analog sensor in communication with a fiber optic signal conditioner to produce a digital sensor output value;
an intelligent patient monitor interface configured to connect between the analog sensor and at least one external device, including:
a set of calibration factors associated with the analog sensor and comprising data used with an atmospheric observation to normalize an analog signal from said analog sensor;
a digital signal processor (DSP) configured to interact with a user via a user interface to permit selection of at least one analysis algorithm and applied, by the DSP, to pressure waveforms detected by the analog sensor, wherein the at least one analysis algorithm includes selections from averaging, curve fitting, interpolation, extrapolation, peak fitting, peak selection, and mean averaging;
an analog sensor A/D converter configured to sample said analog signal and convert said analog signal to a digital sensor value;
wherein the DSP is configured to retrieve the calibration factors and apply said calibration factors to said digital sensor value to produce a digital compensated sensor value, and configured to store a plurality of said digital compensated sensor values and time-stamp data associated with each of said plurality of said digital compensated sensor values;
a bridge excitation converter configured to receive and convert an analog Wheatstone Bridge excitation signal to a bridge excitation value;
a bridge sense D/A converter configured to receive said digital compensated sensor value and generate an analog compensated sensor value scaled by the bridge excitation value, wherein the bridge excitation value is received by the D/A converter to produce a converted analog Wheatstone Bridge sense signal; and
a blood pressure display configured to receive and display results of the at least one analysis algorithm executed by the DSP in real-time and stored in the at least one memory device.
1. A blood pressure analysis system comprising:
an analog sensor (ASEN) in communication with a fiber optic signal conditioner via a fiber optic connector;
an intelligent patient monitor interface configured to connect between ASEN and at least one external device, including:
at least one memory device (TSM) capable of storing a set of calibration factors (CALF), wherein the at least one memory device is housed within the fiber optic connector and wherein the CALF are associated with the ASEN and comprise data that is used with an atmospheric observation to normalize an analog signal (ASIG) from said ASEN;
a digital signal processor (DSP), wherein the DSP is configured to interact with a user via a user interface to permit selection of at least one analysis algorithm stored in said TSM and that is retrieved by the DSP to be applied to pressure waveforms recorded in said TSM, wherein the at least one analysis algorithm includes selections from averaging, curve fitting, interpolation, extrapolation, peak fitting, peak selection, and mean averaging;
an analog sensor A/D converter (ADC), where in the ADC is configured to sample said ASIG from said ASEN through a fiber optic signal conditioner in communication with said ASEN by the fiber optic connector and convert said ASIG to a digital sensor value (DSV);
wherein the DSP is configured to retrieve the CALF from the TSM and apply said CALF to said DSV to produce a digital compensated sensor value (DCV), and the TSM is configured to store a plurality of said DCV and time-stamp data associated with said storage of each of said plurality of said DCV;
a bridge excitation converter (BEC), wherein the BEC is configured to receive an analog Wheatstone Bridge excitation signal (AWBES) and convert said AWBES to produce a bridge excitation value (BEV);
a bridge sense D/A converter (DAC), wherein the DAC is configured to receive said DCV and generate an analog compensated sensor value (ACV) and the ACV is scaled by the BEV, wherein the BEV is received by the DAC, to produce a converted analog Wheatstone Bridge sense signal (AWBSS); and
a blood pressure display (BPD) configured to receive and display results of the at least one analysis algorithm executed by the DSP in real-time and recorded to the TSM.
Allowable Subject Matter
Claims 1-28 would be allowed with filing of terminal disclaimer.
The following is a statement of reasons for the indication of allowable subject matter: The closest art of record includes US 5325865, US 2008/0119758, US 5987995, US 2008/0250341, US 2011/0046477, US 2010/0234698, US 4787396, US 20130131523, US 20120071744, US 20130225941, US 8066681, and US 4691708 which teach similar features as set forth in the rejections of the parent application 14/335525, but fail to teach, suggest, or make reasonably obvious the combined features including: sampling an output signal from an analog sensor using an analog sensor A/D converter through a fiber optic signal conditioner to produce a digital sensor output value; applying, using a digital signal processor (DSP), calibration factors to said digital sensor output value to produce a digital compensated sensor value; storing a plurality of said digital compensated sensor values and time-stamp data associated with each of said plurality of said digital compensated sensor values; receiving a selection of at least one stored analysis algorithm from a user interface of an intelligent patient monitor interface connected between the analog sensor and at least one external device, wherein said selected at least one analysis algorithm is retrieved and applied by said DSP to pressure waveforms detected by the analog sensor, wherein the at least one analysis algorithm are selected from averaging, curve fitting, interpolation, extrapolation, peak fitting, peak selection, and mean averaging; applying in real-time, with said DSP, said selected at least one analysis algorithm to said detected pressure waveforms and displaying results of said applying on a blood pressure display of the user interface; sensing, with the intelligent patient monitor interface, an analog Wheatstone Bridge excitation signal to form a bridge excitation value; converting each said digital compensated sensor value from digital to analog using a D/A converter in the intelligent patient monitor interface to produce an analog compensated sensor value; and scaling said analog compensated sensor value by said bridge excitation value to produce an analog Wheatstone Bridge sense signal that is output by the intelligent patient monitor interface, considered as a whole.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL R BLOCH whose telephone number is (571)270-3252. The examiner can normally be reached M-F 11-8 EST.
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/MICHAEL R BLOCH/Primary Examiner, Art Unit 3791
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