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, 3, 5-11, 13, 15-16, 18 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith et al. (US 2007/0040692 A1).
Regarding claims 1, 11 and 16, Smith discloses a method (e.g. [0072]), a non-transitory computer readable medium storing one or more programs (e.g. [0006, 0081]), and a medical device for reducing generated alarm strain (e.g. [0072]), the medical device comprising:
a display to present visually perceivable information (e.g. [0015]: visual alarm);
an audio output to present audibly perceivable information (e.g. [0015]: audible alarm);
one or more processors coupled with the display and the audio output (e.g. [0006, 0036, 0060, 0079]: microprocessor couples to patient monitor with audio and visual output capabilities); and
memory storing one or more instructions that, when executed by the one or more processors (e.g. [0006, 0081]), cause the medical device to perform operations including:
presenting a notification, the notification including at least one of an audible manifestation of the notification presented by the audio output and a visual manifestation of the notification presented by the display (e.g. [0001, 0015]: audible alarm and visual alarm);
determining whether a user interacting with the medical device is an authorized user (e.g. [0022, 0043]: with authorized badge that transmits inhibiting signal to disable the patient monitor);
disabling a control (e.g. [0007, 0054]: caregiver can use a switch on the monitor device to suspend the alarm operation) on the medical device for adjusting the notification via the medical device when the user is not an authorized user (e.g. [0053-0054]: monitor switch or modules for adjusting parameters of a patient monitor is disabled when caregiver’s magnetic inhibitor is not in proximity to the patient monitor); and
when the user is an authorized user that is interacting with the medical device (e.g. [0053-0054]: holding inhibitor near the patient monitor):
enabling the control of the notification via the medical device (e.g. [0053, 0055, 0067]),
adjusting, based on the authorized user (e.g. [0021, 0055-0059, 0072-0073]: inhibiting signal from transmitter is unique to each nurse/caregiver so as to determine which alarm to be disabled and how long the alarm will be disabled), presentation of at least one of the audible manifestation of the notification and the visual manifestation of the notification (e.g. [0053, 0055, 0067]), and
in response to an input by the authorized user to adjust the notification, adjusting the notification (e.g. [0053, 0055, 0067]).
Regarding claims 3, 13 and 18, Smith discloses the input by the authorized user to adjust the notification is received at a portion of the medical device (e.g. [0051]).
Regarding claims 5, 15 and 20, Smith discloses determining that the authorized user is interacting with the medical device is based on user credentials received while the authorized user is in proximity to the medical device (e.g. [0055-0056]).
Regarding claim 6, Smith discloses determining that the authorized user is interacting with the medical device includes determining one or more of user privileges and user preferences; and the adjusting the presentation of at least one of the audible manifestation of the notification and the visual manifestation of the notification is further based on the user privileges and/or the user preferences (e.g. [0022]: hierarchy of responsibility and/or authority).
Regarding claim 7, Smith discloses the audible manifestation of the notification and/or the visual manifestation of the notification are adjusted for a predetermined period of time (e.g. [0021, 0055-0059, 0072-0073]: experienced and inexperienced caregivers have different predetermined time).
Regarding claim 8, Smith discloses detecting an environmental condition within proximity of the medical device; and the adjusting the presentation of at least one of the audible manifestation of the notification and the visual manifestation of the notification is further based on the environmental condition within proximity of the medical device, wherein the environmental condition includes one or more of a time of day, a light level, a noise level, a temperature, a number of pumping modules associated with the medical device, patient information, patient monitoring data, and a location of the medical device (e.g. [0016, 0051, 0054, 0057, 0059]: reactivate alarm after a predetermined period of time).
Regarding claim 9, Smith discloses the adjusting presentation of at least one of the audible manifestation of the notification and the visual manifestation of the notification includes decreasing a magnitude of the audible manifestation of the notification and/or the visual manifestation of the notification, silencing the audible manifestation of the notification and/or the visual manifestation of the notification, and/or temporarily dismissing the audible manifestation of the notification and/or the visual manifestation of the notification (e.g. [0021, 0055-0059, 0072-0073]: inhibiting signal from transmitter is unique to each nurse/caregiver so as to determine which alarm to be disabled and how long the alarm will be disabled; determine whether to silent/disable the alarm corresponds to audio volume).
Regarding claim 10, Smith discloses adjusting the notification in response to the input by the authorized user includes dismissing the notification or temporarily dismissing the notification (e.g. [0053, 0055, 0059, 0067]: the audible alarm is silenced so long the inhibiting signal exists).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2, 12 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith et al. (US 2007/0040692 A1) in view of Spotts et al. (US 2019/0365317 A1).
Regarding claims 2, 12 and 17, Smith fails to disclose, but Spotts teaches cause the medical device to perform operations including: in accordance with determining that the authorized user is interacting with the medical device, presenting, via the display, a user interface element for adjusting notification; and wherein the input by the authorized user to adjust the notification is received at a portion of the medical device corresponding to the user interface element for adjusting notification (e.g. [0053]).
Thus, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Smith with the teachings of Spotts to selectively generating interactive user interface on display once user is authenticated so as to increase security features for the medical device of Smith.
Response to Arguments
Applicant's arguments filed 01/21/2026 have been fully considered but they are not persuasive.
In response to applicant’s arguments with respect amended claims 1, 11 and 16, Smith at least in paragraphs [0007, 0053-0054] discloses caregiver can manually suspend an alarm by pressing on a control switch of a patient monitor, and control of the patient monitor can only be operated by authorized caregiver with a magnetic inhibitor, e.g. a badge. Otherwise, control switch of the patient monitor is disabled.
Claims 2-3, 5-10, 12-13, 15, 17-18 and 20 are unpatentable at least in view of the foregoing reasons and rejections set forth in current Office action.
Allowable Subject Matter
Claims 4, 14 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAM WAN MA whose telephone number is (571) 270-3693. The examiner can normally be reached M-F 9am-6pm.
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/KAM WAN MA/ Examiner, Art Unit 2688