DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 2-21 are pending.
Information Disclosure Statement
The information disclosure statements filed 04/28/2026 fails to comply with the provisions of 37 CFR 1.98(a)(4) because it lacks the appropriate size fee assertion. It has been placed in the application file, but the information referred to therein has not been considered as to the merits.
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 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.
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(s) 2-9, 11-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Al-Ali [US 20030181798] in view of Moon et al. [US 20110066051] and self-admitted art.
As to claim 2. Al-Ali discloses A wireless patient monitoring system configured to be coupled to a patient, the system comprising:
a wireless monitor, [fig. 4A, 0030] sensor module 400, including:
a base, [fig. 4A, 0030] case 412; and
a removable component, [fig. 4B, 0030] module 460, including a memory, [0031] the module can download software, which requires the module to have a memory;
a strap, [fig. 4A, 0030] wrist strap 411, for securing the wireless monitor to the patient, [fig. 4A, 0030], wherein a portion of the strap is configured to engage with the base, [fig. 4A];
an optical sensor, [figs. 3, 8, 0048] pulse oximetry sensor using LEDs, configured to obtain photoplethysmographs, [0048] providing a plethysmograph signal, the optical sensor including at least one emitter configured to emit light and at least one detector configured to detect said light after attenuation by tissue of the patient, [0048] every received wireless signal is attenuated by the medium it passes through, said photoplethysmographs responsive to said detected light, [0048] basic operation of a pulse oximeter; and
a second sensor configured to secure to the patient, wherein the second sensor is further configured to detect respiratory signals, [fig. 13, 0063] wherein the sensor module comprises a plurality of sensors including a sensor to detect respiratory rate;
wherein the base further includes one or more outlets including a first outlet positioned towards a hand of the base for coupling to the optical sensor, [figs. 4A, 6, 0030, 0038] module connector 414 and sensor interface 610, and a second outlet for coupling to the acoustic sensor, [fig. 13, 0062] a plurality of outlets for a plurality of sensors, and
wherein the wireless monitor includes a wireless transceiver configured to wirelessly transmit sensor data from the optical sensor, [fig. 6, 0038] transmitter 650.
Al-Ali fails to explicitly disclose wherein the removable component configured to removably engage with the base, wherein the strap engages with the base by passing through an opening on the base; wherein the second sensor is an acoustic sensor secured to a neck of the patient; and wherein the second outlet is positioned opposite the first outlet.
Moon teaches body-worn vital monitor comprising a removable transceiver 72 mounted onto a base 106, [fig. 5A, 0077]; wherein the base 106 is mounted to a wrist of a patient using a flexible strap 90, [fig. 4A, 5A, 0073]; wherein the strap 90 threads through openings in the housing 106 of the transceiver 72, [0078]; wherein the base 106 comprises a first outlet 109 for connecting an optical sensor 94 using the cable 92 to the housing, [fig. 4A, 5A, 0077], and a second outlet 104 for connecting a second sensor to the housing opposite the first outlet, [fig. 4A, 5A, 0077]; wherein the second sensor can be an acoustic sensor, [0015].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Al-Ali with that of Moon so that the strap can be replaced if it breaks without replacing the whole system.
The combination of Ali-Ali and Moon fails to explicitly disclose wherein the second sensor is an acoustic respiratory sensor secured to a neck of the patient.
The current application, [0005], teaches that the respiratory sensor can be implemented using an acoustic sensor known in the art, as described and implemented in U.S. application Ser. No. 12/643,939, filed Dec. 21, 2009, titled “Acoustic Sensor Assembly,” to be attached to the patient’s neck.
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of the combination of Ali-Ali and Moon with that of the self-admitted art as nothing but using one of the available means for implementing the described respiratory rate sensor of Ali-Ali from a finite set of respiratory measurement sensors that one of ordinary skilled in the art can easily pick based on availability and ease of use.
As to claim 3. Al-Ali discloses The wireless patient monitoring system of Claim 2, wherein the removable component further comprises a user input device, [0030] keys to control operational mode.
As to claim 4. Al-Ali discloses The wireless patient monitoring system of Claim 3, wherein the removable component further comprises a display screen, [fig. 4A, 0030] display 415.
Al-Ali fails to disclose wherein the display screen is the user input device.
Moon teaches body-worn vital monitor comprising a removable transceiver 72 mounted to a wrist of a patient using a flexible strap 90, [fig. 4A, 0073]; wherein the transceiver comprises a display 73 that is a touch panel, [0078, 0104].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Al-Ali with that of Moon so that the transceiver can be implemented with a display that can function as an input module to reduce the components needed for having a minimal unit.
As to claim 5. Al-Ali fails to disclose The wireless patient monitoring system of Claim 3, wherein the user input device is a touch pad such that the patient can tap the user input device to select a feature.
Moon teaches body-worn vital monitor comprising a removable transceiver 72 mounted to a wrist of a patient using a flexible strap 90, [fig. 4A, 0073]; wherein the transceiver comprises a display 73 that is a touch panel, [0078].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Al-Ali with that of Moon so that the transceiver can be implemented with a display that can function as an input module to reduce the components needed for having a minimal unit.
As to claim 6. Al-Ali discloses The wireless patient monitoring system of Claim 5, wherein the patient can swipe on the touch pad in different directions to change selections.
Moon teaches body-worn vital monitor comprising a removable transceiver 72 mounted to a wrist of a patient using a flexible strap 90, [fig. 4A, 0073]; wherein the transceiver comprises a display 73 that is a touch panel, [0078, 0104].
Moon fails to explicitly disclose wherein the touch panel can accept a swipe as an input.
Touch panels are known to have an input method selected from only a touch or a touch and a swipe.
One of ordinary skill in the art can easily select one from the two types of touch panel types as nothing but a design choice for providing the user with an input method that can have multiple types of input features.
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Al-Ali with that of Moon so that the touch panel of Moon can be made to be a touch panel with a swipe input method as nothing but selecting from a finite available types of touch panels to allow the user have a minimal device with an input method that can accept a plurality type of input types.
As to claim 7. Al-Ali discloses The wireless patient monitoring system of Claim 2, wherein the strap is a wrist band, [fig. 4A, 0030].
As to claim 8. Al-Ali discloses The wireless patient monitoring system of Claim 2, wherein the strap comprises a connector for connecting the strap to the base, [fig. 4A, 0030] module mounted to the wrist strap.
As to claim 9. Al-Ali fails to disclose The wireless patient monitoring system of Claim 2, further comprising an accelerometer to detect patient movement.
Moon teaches body-worn vital monitor comprising a removable transceiver 72 mounted to a wrist of a patient using a flexible strap 90, [fig. 4A, 0073]; wherein the transceiver comprises an accelerometer 14a to determine when a patient is falling, [fig. 1, 0059].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Al-Ali with that of Moon so that the transceiver can detect a patient fall.
As to claim 11. Al-Ali fails to disclose The wireless patient monitoring system of Claim 2, further comprising an alert system to provide an alert, [0003] audible indicator.
Al-Ali fails to disclose wherein the alert is provided when the patient is falling.
Moon teaches body-worn vital monitor comprising a removable transceiver 72 mounted to a wrist of a patient using a flexible strap 90, [fig. 4A, 0073]; wherein the transceiver comprises an accelerometer 14a to determine when a patient is falling and provide an alert, [fig. 1, 0059].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Al-Ali with that of Moon so that the transceiver can detect a patient fall.
As to claim 12. Al-Ali fails to disclose The wireless patient monitoring system of Claim 2, wherein the wireless transceiver is configured to transmit the sensor data over cellular telephony.
Moon teaches body-worn vital monitor comprising a removable transceiver 72 mounted to a wrist of a patient using a flexible strap 90, [fig. 4A, 0073]; wherein the transceiver can communicate through cellular wireless networks, [0027].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Al-Ali with that of Moon so that the transceiver can communicate using available communication protocols.
As to claim 13. Al-Ali fails to disclose The wireless patient monitoring system of Claim 2, wherein the wireless transceiver is configured to transmit the sensor data over Wi-Fi.
Moon teaches body-worn vital monitor comprising a removable transceiver 72 mounted to a wrist of a patient using a flexible strap 90, [fig. 4A, 0073]; wherein the transceiver can communicate through 802.11 communication protocol, [0027].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Al-Ali with that of Moon so that the transceiver can communicate using available communication protocols.
As to claim 14. Al-Ali discloses The wireless patient monitoring system of Claim 2, wherein the wireless transceiver is configured to perform at least some front-end processing, [0038] transmitter 650 processes signal before transmitting.
As to claim 15. Al-Ali discloses The wireless patient monitoring system of Claim 2, wherein the memory is configured to store wireless communication information, [0062] the transmitter 1350 in combination with the multiplexer and encoder 1340 transmitting on multiple frequency channels, which requires the encoder 1340 to store the multiple baseband frequency signal parameters.
As to claim 16. Al-Ali discloses The wireless patient monitoring system of Claim 2, wherein the removable component comprises a battery, [0026].
As to claim 17. Al-Ali discloses The wireless patient monitoring system of Claim 2, wherein the wireless monitor further comprises a processor, [fig. 6, 0038] signal processor 630.
As to claim 18. Al-Ali discloses The wireless patient monitoring system of Claim 17, wherein the processor is configured to at least partially process the photoplethysmographs received from the optical sensor, [0040] generates a parameter signal 632, to at least partially determine one or more physiological measurements to be displayed on a display, [0030].
As to claim 19. Al-Ali fails to disclose The wireless patient monitoring system of Claim 2, wherein the one or more sensors further comprise an acoustic sensor.
Moon teaches body-worn vital monitor comprising a removable transceiver 72 mounted to a wrist of a patient using a flexible strap 90, [fig. 4A, 0073]; wherein the system can include an acoustic sensor, [0015].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Al-Ali with that of Moon so that the transceiver can measure additional physiological parameters of the patient.
As to claim 20. Al-Ali discloses The wireless patient monitoring system of Claim 2, wherein the one or more sensors further comprise a blood measurement device, [0048].
As to claim 21. Al-Ali fails to disclose The wireless patient monitoring system of Claim 2, wherein the one or more sensors further comprise an ECG sensor.
Moon teaches body-worn vital monitor comprising a removable transceiver 72 mounted to a wrist of a patient using a flexible strap 90, [fig. 4A, 0073]; wherein the system further includes an ECG sensor 16, [fig. 1, 0056].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Al-Ali with that of Moon so that the transceiver can measure additional physiological parameters of the patient.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Al-Ali in view of Moon and self-admitted art as applied to claim 2, further in view of Gao et al. [US 20090069642].
As to claim 10. the combination of Al-Ali and Moon fails to disclose The wireless patient monitoring system of Claim 2, further comprising a gyroscope to detect patient movement.
Gao teaches a wearable wireless patient data monitoring device comprising a patient monitor 100, [fig. 1A, 0029], that can be worn on the patient’s arm as a wrist strap, [0046], comprising a gyroscope, [0030], as a position sensor, [0078].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of the combination of Al-Ali, Moon, and self-admitted art with that of Gao so that the sensor can be used to track the position of the user.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 BENYAM HAILE whose telephone number is (571)272-2080. The examiner can normally be reached 7:00 AM - 5:30 PM Mon. - Thur..
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/Benyam Haile/Primary Examiner, Art Unit 2688
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