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 1-13, 16-22 are pending.
Information Disclosure Statement
The information disclosure statement filed 11/26/2024 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered.
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) 1-4, 6, 7, 9-13, 16-18, 20, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beszteri et al. [US 20180365958] in view of Ganesh et al. [US 20140051379].
As to claim 1: Beszteri discloses A device comprising:
communication circuitry, [figs. 1, 3, 0034] user device 120 comprising a first communication apparatus 122, configured to communicate between a medical device of a patient and a plurality of computing devices, [fig. 1, 0034] to communicate between a wearable device 110;
processing circuitry, [fig. 3, 0033] processor 126, communicatively coupled to the communication circuitry, [fig. 3] and configured to:
receive, via the communication circuitry, data from the medical device, [0054, 0072] receive message from the wearable device;
determine based on the data that the patient is experiencing an acute health event, [0054, 0072] the message including an emergency information, [0030, 0055, 0072] including medical emergency; and
in response to determining that the patient is experiencing the acute health event, establish a wireless network with a computing device, [fig. 1, 0073] establish a second wireless link 160 between the user device 120 and an emergency service entity 130 in response to receiving the emergency message.
Bestzteri fails to disclose wherein the wireless network is established with a plurality of computing devices by broadcast a message to the plurality of computing devices.
Ganesh teaches a method, system and devices for prioritizing access to wireless networks during emergency situations, [abs.]; wherein the system comprises a plurality of mobile devices 10, [fig. 1]; wherein when one of the mobile devices detects an emergency situation, the mobile device determines the availability of a network connection, [0053]; wherein when a connection is not available, the device establishes a network with a plurality of other mobile devices by broadcasting a discovery signal, [0053].
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 Bestzteri with that of Ganesh so that pairing of the emergency entity with the user device can be implemented using a broadcasting scheme to allow all available devices to connect to the user device.
As to claim 2: Beszteri fails to disclose The device of claim 1, wherein the processing circuitry is further configured to: determine that a network connection is unavailable; and broadcast the message to the plurality of computing devices in response to determining that the network connection is unavailable.
Ganesh teaches a method, system and devices for prioritizing access to wireless networks during emergency situations, [abs.]; wherein the system comprises a plurality of mobile devices 10, [fig. 1]; wherein when one of the mobile devices detects an emergency situation, the mobile device determines the availability of a network connection, [0053]; wherein when a connection is not available, the device establishes a network with a plurality of other mobile devices by broadcasting a discovery signal, [0053].
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 Bestzteri with that of Ganesh so that system can avoid the attempt to establish a network if a connection is already available.
As to claim 3: Beszteri discloses The device of claim 2, wherein to determine that the network connection is unavailable, the processing circuitry is configured to determine that one or both of an Internet connection or a cellular network connection is unavailable.
Ganesh teaches a method, system and devices for prioritizing access to wireless networks during emergency situations, [abs.]; wherein the system comprises a plurality of mobile devices 10, [fig. 1]; wherein when one of the mobile devices detects an emergency situation, the mobile device determines the availability of a network connection, [0053]; wherein when a connection is not available, the device establishes a network with a plurality of other mobile devices by broadcasting a discovery signal, [0053]; wherein the telecommunications network is a cellular network, [0076].
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 Bestzteri with that of Ganesh so that system can avoid the attempt to establish a network if a connection is already available.
As to claim 4: Beszteri fails to disclose The device of claim 1, wherein to broadcast the message to the plurality of computing devices, the processing circuitry is configured to cause the communication circuitry to broadcast the message using a Bluetooth protocol.
Ganesh teaches a method, system and devices for prioritizing access to wireless networks during emergency situations, [abs.]; wherein the system comprises a plurality of mobile devices 10, [fig. 1]; wherein when one of the mobile devices detects an emergency situation, the mobile device determines the availability of a network connection, [0053]; wherein when a connection is not available, the device establishes a network with a plurality of other mobile devices by broadcasting a discovery signal from a Bluetooth transceiver, [0053].
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 Bestzteri with that of Ganesh so that pairing of the emergency entity with the user device can be implemented using a widely available communication protocol.
As to claim 6: Beszteri discloses The device of claim 1, wherein the processing circuitry is further configured to: establish a communication session with a second device and communicate over the wireless network via the second device, [0073] establish a channel, and send the data.
As to claim 7: Beszteri discloses The device of claim 6, wherein the processing circuitry is configured to send, via the communication circuitry, encrypted medical information to the second device, [0079].
As to claim 9: Beszteri discloses The device of claim 1, wherein the wireless network is established with the one or more of the plurality of computing devices to facilitate an acute care response by one or more responders who are physically proximate to the patient, [0036] the emergency service entity 130 is a device carried with the emergency personnel in a hospital.
As to claim 10: Beszteri discloses The device of claim 1, wherein the wireless network is established with the one or more of the plurality of computing devices to automatically share patient data in compliance with patient data privacy constraints to one or more responders who are physically proximate to the patient in order to facilitate an acute care response by the responders, [0036] the emergency service entity 130 is a device carried with the emergency personnel in a hospital; wherein systems in a hospital are required to be in compliance with laws and regulations.
As to claim 11 is rejected using the same prior arts and reasoning as to that of claim 1.
As to claim 12 is rejected using the same prior arts and reasoning as to that of claim 2.
As to claim 13: Beszteri discloses A system comprising:
a first device, [figs. 1, 3, 0034] user device 120, configured to:
receive data from a medical device, [0054, 0072] receive message from the wearable device;
determine based on the data that a patient is experiencing an acute health event, [0054, 0072] the message including an emergency information, [0030, 0055, 0072] including medical emergency; and
in response to determining that the patient is experiencing the acute health event, send a message to a plurality of computing devices, [fig. 1, 0073] establish a second wireless link 160 between the user device 120 and an emergency service entity 130 in response to receiving the emergency message; and
a second device, [fig. 1, 0025] emergency service entity 130, wherein the second device belongs to the plurality of computing devices and the second device is configured to:
receive the message from the first device, [0073]; and
establish a communication session with the first device in response to receiving the message, [0073] establish a channel.
Bestzteri fails to disclose wherein the wireless network is established with a plurality of computing devices by broadcast a message to the plurality of computing devices.
Ganesh teaches a method, system and devices for prioritizing access to wireless networks during emergency situations, [abs.]; wherein the system comprises a plurality of mobile devices 10, [fig. 1]; wherein when one of the mobile devices detects an emergency situation, the mobile device determines the availability of a network connection, [0053]; wherein when a connection is not available, the device establishes a network with a plurality of other mobile devices by broadcasting a discovery signal, [0053].
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 Bestzteri with that of Ganesh so that pairing of the emergency entity with the user device can be implemented using a broadcasting scheme to allow all available devices to connect to the user device.
As to claim 16: Beszteri fails to discloses The system of claim 13, wherein to establish the communication session with the first device, the second device is configured to establish an ad hoc, wireless network with one or more of the plurality of computing devices.
Ganesh teaches a method, system and devices for prioritizing access to wireless networks during emergency situations, [abs.]; wherein the system comprises a plurality of mobile devices 10, [fig. 1]; wherein when one of the mobile devices detects an emergency situation, the mobile device determines the availability of a network connection, [0053]; wherein when a connection is not available, the device establishes a network with a plurality of other mobile devices by broadcasting a discovery signal, [0053]; wherein the established network is an ad-hoc network, [0053].
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 Bestzteri with that of Ganesh so that the emergency can be communicated using all available paths.
As to claim 17 is rejected using the same prior arts and reasoning as to that of claims 2 and 3.
As to claim 18 is rejected using the same prior arts and reasoning as to that of claim 4.
As to claim 20: Beszteri discloses The system of any of claim 13, wherein the first device is configured, during the communication session, to transmit encrypted medical information to the second device, [0079], and the second device is configured to transmit the encrypted medical information to a third party, [0091] transmit the emergency information to a service device 140, using one or both of an Internet connection or a cellular network connection, [0093] the server provides a cloud service, which is implemented using the internet.
As to claim 21 is rejected using the same prior arts and reasoning as to that of claim 7.
Claim(s) 5, 8, 19, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beszteri in view of Ganesh as applied to claims 1, and 13 above, further in view of Miller et al. [US 20220068473].
As to claim 5: the combination of Beszteri and Ganesh fails to disclose The device of claim 1, wherein the message includes a universally unique identifier (UUID) for the device.
Miller teaches a system and method for processing and transmitting sensor data comprising a sensor system 8, and a plurality of user devices 14, [fig. 1, 0071]; wherein the sensor system 8 comprises a sensor module 12 and an analyte sensor 10, [fig. 1, 0072], that are separate from each other, [0189]; wherein the sensor system 8 and a display device 14 can be paired, [0188], for establishing a communication channel by broadcasting a unique ID, [0185], of the sensor system [0188].
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 Beszteri and Ganesh with that of Miller so that device can be identified.
As to claim 8: the combination of Beszteri and Ganesh fails to disclose The device of claim 1, wherein the medical device comprises an implantable medical device.
Miller teaches a system and method for processing and transmitting sensor data comprising a sensor system 8, and a plurality of user devices 14, [fig. 1, 0071]; wherein the sensor system 8 comprises a sensor module 12 and an analyte sensor 10, [fig. 1, 0072], that are separate from each other, [0189]; wherein the sensor system 8 and a display device 14 can be paired, [0188], for establishing a communication channel by broadcasting a unique ID, [0185], of the sensor system [0188]; wherein the sensor is an implantable sensor, [109].
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 Beszteri and Ganesh with that of Miller so that the system can be used with a variety of sensor systems.
As to claim 19 is rejected using the same prior arts and reasoning as to that of claim 5.
As to claim 22 is rejected using the same prior arts and reasoning as to that of claim 8.
Conclusion
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/Benyam Haile/Primary Examiner, Art Unit 2688
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