DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/19/2026 has been entered.
Notice to Applicant
3. This communication is in response to the communication filed 5/19/2026. Claims 18-21 are cancelled. Claims 1-17 and 22-23 are currently pending.
3.1. Newly discovered prior art appear to teach and/or suggest the limitations recited in the claims, as detailed in section 4, infra.
Claim Rejections - 35 USC § 103
4. 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.
4.1. Claims 1-14, 17 and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Suarez et al. (US 2013/0312066), in view of Andrieux et al. (US 2010/0078017).
CLAIM 1
Suarez teaches system for administering a status check to a medical device, the system (Suarez: abstract; ¶¶ [0027]), comprising:
a medical device unit comprising a control system, a device, and one or more components, the control system programmed to (Suarez: abstract; ¶¶ [0018] “example architecture 100 for controlling one or many medical devices 170 in different locations using a software application on a mobile client 110. The architecture 100 includes a server 130, mobile client(s) 110, and medical device(s) 170 in different locations connected over a network 150”; FIGS. 1-2):
transmit to the one or more components a request for status data regarding a status of the one or more components (Suarez: abstract; ¶¶ [0027] “medical device service 242 is configured to receive and respond to queries generated from an application 222 in a memory 220 of the mobile client 110, and sent to the server 130 by a processor 212 of the mobile client 110 over the network 150 using the communications module 218 of the mobile client 110. The query can be for changing another user's access to a medical device 170, obtaining a current status of the medical device 170”; FIGS. 1-3);
receive status data from the one or more components (Suarez: abstract; ¶¶ [0027] “medical device service 242 is configured to receive and respond to queries generated from an application 222 in a memory 220 of the mobile client 110, and sent to the server 130 by a processor 212 of the mobile client 110 over the network 150 using the communications module 218 of the mobile client 110. The query can be for changing another user's access to a medical device 170, obtaining a current status of the medical device 170”; FIGS. 1-3); and
write the status data to a transmitting device, the transmitting device configured to store and transmit the status data, wherein the transmitting device stores the status data and transmits the status data to a receiving device external to the medical device unit and not in physical contact with the medical device unit (Suarez: abstract; ¶¶ [0027] “medical device service 242 is configured to receive and respond to queries generated from an application 222 in a memory 220 of the mobile client 110, and sent to the server 130 by a processor 212 of the mobile client 110 over the network 150 using the communications module 218 of the mobile client 110. The query can be for changing another user's access to a medical device 170, obtaining a current status of the medical device 170”, [0074]; FIGS. 1-3).
Suarez does not appear to explicitly teach the following:
a writing device and using the writing device write the status data.
Andrieux, however, teaches the following:
a writing device and using the writing device write the status data (Andrieux: abstract; ¶¶ [0133] “may include a data read/write device 76 configured to write data to and/or read data from memory 58”, [0158]-[0160] “Safety status module 161 is generally configured to analyze the operational safety status of gas delivery system 20”; FIGS. 1-13B).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the ventilator system including a writing device for writing status information, as taught by Andrieux, with the mobile device access for medical devices, as taught by Suarez, with the motivation of facilitating transmission of ventilation system status information (Andrieux: ¶¶ [0004]-[0006]).
CLAIM 2
Suarez does not appear to explicitly teach the system of claim 1 further compromising: an electro-mechanical pneumatic system having a blower and a fan, the electro-mechanical pneumatic system disposed within the medical device unit and coupled to the control system.
Andrieux, however, teaches an electro-mechanical pneumatic system having a blower and a fan, the electro-mechanical pneumatic system disposed within the medical device unit and coupled to the control system (Andrieux: abstract; ¶¶ [0038]-[0039 “ventilation system 12” and “gas delivery system 20 may comprise a device capable of generating pressurized air (e.g., a motorized turbine-based blower”, [0073] “pneumatic valve”, [0162] “fan”; FIGS. 1-13B).
The motivation to include the teachings of Andrieux with the teachings of Suarez is the same as that of claim 1 above and is incorporated herein.
CLAIM 3
Suarez teaches the system of claim 1, wherein the control system is further configured to: display on a user interface the status data via a display screen or a light indicator (Suarez: abstract; ¶¶ [0031]-[0032] “display (e.g., on output device 214 of the mobile client 110, such as an electronic display) a result of the instruction. For example, the result provided for display on the mobile client 110”, [0036] “displays current alerts and messages”; FIGS. 1-5).
CLAIM 4
Suarez does not appear to explicitly teach the system of claim 1, wherein the control system writes the status data to the transmitting device based on a periodic basis or an aperiodic basis.
Andrieux, however, teaches wherein the control system writes the status data to the transmitting device based on a periodic basis or an aperiodic basis (Andrieux: ¶¶ [0074], [0132], [0135]-[0138]; FIGS. 1-13B).
The motivation to include the teachings of Andrieux with the teachings of Suarez is the same as that of claim 1 above and is incorporated herein.
CLAIM 5
Suarez does not appear to explicitly teach the system of claim 1, wherein the control system writes the status data to the transmitting device based on a pre-scheduled basis.
Andrieux, however, teaches wherein the control system writes the status data to the transmitting device based on a pre-scheduled basis (Andrieux: ¶¶ [0074], [0132], [0135]-[0138]; FIGS. 1-13B).
The motivation to include the teachings of Andrieux with the teachings of Suarez is the same as that of claim 1 above and is incorporated herein.
CLAIM 6
Suarez does not appear to explicitly teach the system of claim 1, wherein the control system writes the status data to the transmitting device in real-time upon receipt of the status data from the one or more components.
Andrieux, however, teaches wherein the control system writes the status data to the transmitting device in real-time upon receipt of the status data from the one or more components (Andrieux: ¶¶ [0074], [0132], [0135]-[0138]; FIGS. 1-13B).
The motivation to include the teachings of Andrieux with the teachings of Suarez is the same as that of claim 1 above and is incorporated herein.
CLAIM 7
Suarez does not appear to explicitly teach the system of claim 1, wherein the transmitting device is configured to transmit the status data when the medical device unit is powered off.
Andrieux, however, teaches wherein the transmitting device is configured to transmit the status data when the medical device unit is powered off (Andrieux: ¶¶ [0074], [0132], [0135]-[0138]; FIGS. 1-13B).
The motivation to include the teachings of Andrieux with the teachings of Suarez is the same as that of claim 1 above and is incorporated herein.
CLAIM 8
Suarez teaches the system of claim 1, wherein the control system is configured to communicate with one or more other medical device units in a surrounding area to receive status data associated with the one or more other medical device units (Suarez: abstract; ¶¶ [0019]-[0020] “server 130 is configured to host a service for communicating with the mobile clients 110 and the medical devices 170”, [0027]; FIGS. 1-5).
CLAIM 9
Suarez teaches the system of claim 1 further comprising: one or more accessories, wherein the control system is configured to receive accessory information associated with the one or more accessories and write the accessory information to the transmitting device (Suarez: abstract; ¶¶ [0025]-[0029]; FIGS. 1-5).
CLAIM 10
Suarez teaches the system of claim 1, wherein the control system is further configured to: receive a request for the status data in a non-contact manner (Suarez: abstract; ¶¶ [0026]-[0027], [0034], [0079]; FIGS. 1-5).
CLAIM 11
Suarez does not appear to explicitly teach the system of claim 1, wherein the transmitting device is a wireless transmitting device configured to wirelessly receive and transmit the status data.
Andrieux, however, teaches wherein the transmitting device is a wireless transmitting device configured to wirelessly receive and transmit the status data (Andrieux: abstract; ¶¶ [0038] “wireless notification module”, [0065]; FIGS. 1-13B).
The motivation to include the teachings of Andrieux with the teachings of Suarez is the same as that of claim 1 above and is incorporated herein.
CLAIM 12
Suarez teaches the system of claim 1, wherein the transmitting device is a radio frequency identification (RFID) chip (Suarez: abstract; ¶¶ [0034] “Radio Frequency Identification (RFID)”; FIGS. 1-5).
CLAIM 13
Suarez teaches the system of claim 1, wherein the status data comprises device information associated with the medical device unit, the device information including one or more of a serial number, a software version, accessory information, power supply information, date of last status data request, date of last operation, date of manufacture, date of last repair, replaced components, results of previous self-test, usage reports, accessory information, battery information, and battery status (Suarez: abstract; ¶¶ [0027], [0037]; FIGS. 1-5).
CLAIM 14
Suarez does not appear to explicitly teach the system of claim 1, wherein the transmitting device automatically transmits the status data on a periodic or aperiodic basis.
Andrieux, however, teaches wherein the transmitting device automatically transmits the status data on a periodic or aperiodic basis (Andrieux: ¶¶ [0074], [0132], [0135]-[0138]; FIGS. 1-13B).
The motivation to include the teachings of Andrieux with the teachings of Suarez is the same as that of claim 1 above and is incorporated herein.
CLAIM 17
Suarez does not appear to explicitly teach the system of claim 1 further comprising: a beacon configured to provide an indication representative of the status data.
Andrieux, however, teaches a beacon configured to provide an indication representative of the status data (Andrieux: abstract; ¶¶ [0131] “visible alarm may be displayed in any suitable manner, e.g., an image or text displayed on display 28 or an LED or other light or visible device separate from display 28”; FIGS. 1-13B).
The motivation to include the teachings of Andrieux with the teachings of Suarez is the same as that of claim 1 above and is incorporated herein.
CLAIM 22
Suarez teaches a ventilator (Suarez: abstract; ¶¶ [0022]) comprising:
a housing having a top surface, a bottom surface, and a plurality of sidewalls (Suarez: abstract; ¶¶ [0022]; FIGS. 1);
a user interface disposed on the top surface of the housing, the user interface including one or more of a display screen, an indicator, and a speaker (Suarez: abstract; ¶¶ [0022]; FIGS. 1);
a pneumatic system disposed within the housing, (Suarez: abstract; ¶¶ [0022] “ventilator”; FIGS. 1);
a control system disposed within the housing and coupled to the pneumatic system and in communication with a device, the controls system programmed to (Suarez: abstract; ¶¶ [0018] “example architecture 100 for controlling one or many medical devices 170 in different locations using a software application on a mobile client 110. The architecture 100 includes a server 130, mobile client(s) 110, and medical device(s) 170 in different locations connected over a network 150”; FIGS. 1-2):
transmit a request for status data regarding a status of the pneumatic system (Suarez: abstract; ¶¶ [0022], [0027] “medical device service 242 is configured to receive and respond to queries generated from an application 222 in a memory 220 of the mobile client 110, and sent to the server 130 by a processor 212 of the mobile client 110 over the network 150 using the communications module 218 of the mobile client 110. The query can be for changing another user's access to a medical device 170, obtaining a current status of the medical device 170”; FIGS. 1-3);
receive from the pneumatic system status data (Suarez: abstract; ¶¶ [0022], [0027] “medical device service 242 is configured to receive and respond to queries generated from an application 222 in a memory 220 of the mobile client 110, and sent to the server 130 by a processor 212 of the mobile client 110 over the network 150 using the communications module 218 of the mobile client 110. The query can be for changing another user's access to a medical device 170, obtaining a current status of the medical device 170”; FIGS. 1-3); and
write the status data to a transmitting device, the transmitting device configured to store and transmit the status data, wherein the transmitting device stores the status data and transmits the status data to a receiving device external to the medical device unit and not in physical contact with the medical device unit (Suarez: abstract; ¶¶ [0027] “medical device service 242 is configured to receive and respond to queries generated from an application 222 in a memory 220 of the mobile client 110, and sent to the server 130 by a processor 212 of the mobile client 110 over the network 150 using the communications module 218 of the mobile client 110. The query can be for changing another user's access to a medical device 170, obtaining a current status of the medical device 170”, [0074]; FIGS. 1-3).
Suarez does not appear to explicitly teach the following:
the pneumatic system including a blower coupled to a motor; and
a writing device and using the writing device write the status data.
Andrieux, however, teaches the following:
the pneumatic system including a blower coupled to a motor (Andrieux: abstract; ¶¶ [0038]-[0039 “ventilation system 12” and “gas delivery system 20 may comprise a device capable of generating pressurized air (e.g., a motorized turbine-based blower”, [0073] “pneumatic valve”, [0162] “fan”; FIGS. 1-13B); and
a writing device and using the writing device write the status data (Andrieux: abstract; ¶¶ [0133] “may include a data read/write device 76 configured to write data to and/or read data from memory 58”, [0158]-[0160] “Safety status module 161 is generally configured to analyze the operational safety status of gas delivery system 20”; FIGS. 1-13B).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the ventilator system including a writing device for writing status information, as taught by Andrieux, with the mobile device access for medical devices, as taught by Suarez, with the motivation of facilitating transmission of ventilation system status information (Andrieux: ¶¶ [0004]-[0006]).
CLAIM 23
Suarez teaches the system of claim 1, wherein the control system communicates with a plurality of medical device units within a predetermined radius to form a mesh network and aggregate status data from the plurality of medical device units for storage on the transmitting device (Suarez: abstract; ¶¶ [0018] “mesh network”, [0079]; FIGS. 1-5).
4.2 Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Suarez et al. (US 2013/0312066), in view of Andrieux et al. (US 2010/0078017), and further in view of Cyprowski (US 2018/0175649).
CLAIM 15
Suarez and Andrieux do not appear to explicitly teach the system of claim 1, wherein the control system includes a low power controller configured to transmit the request for the status data.
Cyprowski, however, teaches wherein the control system includes a low power controller configured to transmit the request for the status data (Cyprowski: abstract; ¶¶ [0018]-[0020] “low power modes”, [0023] “report status information”; FIGS. 1-3B).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the battery system with low power mode for use with medical devices such as ventilators, as taught by Cyprowski, with the ventilator system including a writing device for writing status information, as taught by Andrieux, with the mobile device access for medical devices, as taught by Suarez, with the motivation of improving functionality (Cyprowski: ¶¶ [0002]-[0006]).
4.3 Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Suarez et al. (US 2013/0312066), in view of Andrieux et al. (US 2010/0078017), and further in view of Taylor et al. (US 2013/0263854).
CLAIM 16
Suarez and Andrieux do not appear to explicitly teach the system of claim 1, wherein the medical device further comprises: a cover configured to protect one or more ports disposed on the medical device, the cover having an open position and a closed position, wherein in a closed position the cover completes a pneumatic pathway.
Taylor, however, teaches wherein the medical device further comprises: a cover configured to protect one or more ports disposed on the medical device, the cover having an open position and a closed position, wherein in a closed position the cover completes a pneumatic pathway (Taylor: abstract; ¶¶ [0061]; FIGS. 1-4).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the ventilator with port cover, as taught by Taylor, with the ventilator system including a writing device for writing status information, as taught by Andrieux, with the mobile device access for medical devices, as taught by Suarez, with the motivation of providing port protection (Cyprowski: ¶¶ [0061]).
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Tomaszewski whose telephone number is (313)446-4863. The examiner can normally be reached on M-F 5:30 am - 2:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter H Choi can be reached on (469) 295-9171. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL TOMASZEWSKI/Primary Examiner, Art Unit 3681
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