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 Interpretation
Claim 1 has been amended to describe “… wherein the identifier tool is configured to individually sense a location of each of the location tags when the identifier tool is moved within a sensing distance of the location of each of the location tags.”
Claims 12 and 19 have been amended with similar language that describes the identifier tool’s ability to detect individual tags and their locations. These features have been interpreted in light of the specification as follows.
The specification describes an identifier tool comprising an NFC reader device, which may be a dedicated NFC reader or an NFC-enabled smartphone (¶ [0008] In some example embodiments, each location tag of the plurality of location tags can be a near field communication (NFC) device; ¶ [0059] FIG. 4 is a perspective view of a tissue interface kit 400. The tissue interface kit 400 may include an NFC reading device or an identifier tool 402 … The identifier tool 402 may include a locator or a sensing portion 404 and a handle 406; ¶ [0062], In some embodiments, the smart identifier tool 502 may be a smart phone that includes NFC technology).
The specification further describes the reader’s ability to sense multiple tags and to identify them via unique identifiers (¶ [0054], Each location tag 208 of the plurality of location tags 208 may be encoded with a unique identifier, such as a code, number, symbol, or any other suitable identifier or combination of identifiers; ¶ [0060], For example, the one of the plurality of location tags 208 may communicate a unique identifier 410 and treatment data 412 with the identifier tool 402 when the identifier tool 402 is within the sensing distance of the one of the plurality of location tags 208; ¶ [0063] When the smart identifier tool 502 is within the sensing distance of one of the plurality of location tags 208, the one of the plurality of location tags 208 may communicate the unique identifier 410 and the treatment data 412 with the smart identifier tool 502).
The specification also describes the identifier tool’s operating range (¶ [0061], In some embodiments, the sensing distance may be about 4 inches. In other embodiments, the sensing distance may be less than or greater than about 4 inches).
The identifier tool represents at most one transmitter / receiver that sends and receives signals to the various tags. In light of the specification, the phrase “…to individually sense a location of each of the location tags …” must be limited to only to the tag’s location relative to the scanner, the dressing and/or other tags. The identifier tool does not appear capable of calculating any tag’s absolute location relative to the scanner, since the tool consists of a single transmitter / receiver which can only measure a distance but not an angle to each tag. In other words, the tool’s single antenna cannot triangulate any tag’s location.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-3, 5-7 and 9-20 are rejected under 35 U.S.C. 103 as being unpatentable over Long; Justin Alexander et al. (US 20220087871 A1) in view of Gowans; Philip et al. (US 20200289347 A1).
Regarding claim 1, Long discloses a tissue interface for use in an abdominal cavity (¶ [0002], abdominal negative pressure therapy systems; ¶ [0027] FIG. 1 is a simplified functional block diagram of an example embodiment of a therapy system 100; ¶ [0029], As illustrated in the example of FIG. 1, the dressing 110 may comprise or consist essentially of a tissue interface 120, a cover 125, or both in some embodiments; ¶ [0068] FIG. 7 is a schematic view of an example of the tissue interface 120 applied to a tissue site that comprises an abdominal cavity 705);
the tissue interface comprising: a first contact layer comprising a first plurality of perforations (¶ [0057], FIG. 4, the tissue interface 120 generally includes a first contact layer 405, a second contact layer 410, and a spacer layer 415 … For example, as illustrated in FIG. 4, the first contact layer 405 and the second contact layer 410 may have fenestrations 420);
a second contact layer comprising a second plurality of perforations (¶ [0057], FIG. 4, the tissue interface 120 generally includes a first contact layer 405, a second contact layer 410, and a spacer layer 415 … For example, as illustrated in FIG. 4, the first contact layer 405 and the second contact layer 410 may have fenestrations 420);
a spacer layer disposed between the first contact layer and the second contact layer (¶ [0057], FIG. 4, the tissue interface 120 generally includes a first contact layer 405, a second contact layer 410, and a spacer layer 415; ¶ [0058], The spacer layer 415 may be a flexible foam in some examples); and
a plurality of location tags configured to be located by an identifier tool and to be positioned in a plurality of treatment areas within the abdominal cavity (¶ [0061] FIG. 5 also illustrates a plurality of sensors 530 that may be associated with tissue interface 120 of FIG. 4. … the sensors 530 are positioned in different regions, zones, or areas within the abdominal cavity; ¶ [0072] FIG. 8 … The sensor 530 may comprise a temperature sensor that is a component of either the pressure sensor 816 or the humidity sensor 818. The sensor 530 is capable of two-way wireless communication with therapy device 800, which may be, for example, an iPad, a PC, or another similar device; ¶ [0079], Once the tissue interface 120 is in place, the operator registers in 1010 the locations or regions of the sensors 530A-530F in the abdominal cavity).
Long does not explicitly disclose that the identifier tool is configured to individually sense a location of each of the location tags when the identifier tool is moved within a sensing distance of the location of each of the location tags. Gowans discloses apparatuses and methods for wound treatment constituting a tissue interface (¶ [0002], [0005], [0038], [0156], [0177] FIGS. 1A-B illustrate embodiments of a negative pressure wound treatment system 10);
the tissue interface comprising: a first contact layer comprising a first plurality of perforations (¶ [0181] As illustrated in FIG. 2B, the wound contact layer 222 can be a polyurethane layer or polyethylene layer or other flexible layer which is perforated);
a spacer layer (¶ [0183] A layer 226 of porous material can be located above the wound contact layer 222; ¶ [0188] A layer 221 of absorbent material is provided above the transmission layer 226); and
a plurality of location tags (¶ [0272] FIG. 5 illustrates a system having a string or strip 640 of sensors positioned within a wound 650; ¶ [0279] FIG. 6C illustrates a string of sensors 604 … The string 604 can be similar to the string of sensors described with reference to FIG. 5);
configured to be located by an identifier tool and to be positioned in a plurality of treatment areas (¶ [0273] In some embodiments, the system can include a component 644 which can reside outside the wound, such as on the skin 642 (for example, the skin at the wound) or in a wound dressing, and can communicate 646 with the sensor strip 640; ¶ [0281] In some embodiments, the string of sensors can be in communication with a component 605 external to the wound area. In some embodiments, the component 605 can be a positioning device similar to the component 644 described with reference to FIG. 5);
wherein the identifier tool is configured to individually sense a location of each of the location tags when the identifier tool is moved within a sensing distance of the location of each of the location tags (¶ [0264] In some embodiments, a system (such as, an NPWT system) can utilize a signal emitting device or position sensing unit to track the position or orientation of sensors, estimate movement, position, or location of the wound, patient, etc.; ¶ [0269] As another example, position or orientation of a sensor can be determined using a signal emitting device that includes, for instance, a radio-frequency identifier (RFID) … Alternatively or in addition, the sensor package may register itself with electromagnetic tags (e.g. RFID tags) placed on or near the patient that allow the sensor package to define its position and orientation with respect to the tags; ¶ [0271] A system, such as a negative pressure wound therapy (NPWT) system, can determine the emplacement of a first sensor and then, based at least in part on the determined placement of the first sensor and a known relationship between the first sensor and other sensors, can determine an emplacement of the other sensors. Alternatively, in some embodiments, the system can determine an emplacement of the entire sensor package and use the emplacement data of the sensor package, as well as a known relationship, to determine the emplacement of one or more sensors on the sensor package; ¶ [0273], In some embodiments, the position or orientation of the component 644 can be a known input of the system. As such, the position of the component 644 can be utilized to determine the position or orientation of the sensor strip 640 or specific sensors of the strip; ¶ [0286] In some embodiments, the light source or other electromagnetic source can be used in combination with an imager or another detector to identify a location of a specific sensor, the sensor string, and/or the sensor strip within the wound).
Gowans automatically registers the sensors’ locations so that later, the identifier tool can individually identify their locations. Gowans also tracks the individual tags more accurately by calculating their position relative to other sensors in the tissue interface. One would be motivated to modify Long with Gowans’s identifier tool configuration and location tag layout to more rapidly initialize the tissue interface when applying it to a patient. A skilled artisan would have been able to modify Long with Gowans’s identifier tool configuration and location tag layout by pre-loading the tags’ locations in the identifier tool according to Gowans. Therefore, it would have been obvious to modify Long with Gowans’s in order to track individual sensor tags and to reduce the time needed to initialize the tissue interface for each patient.
Regarding claim 12, Long discloses a tissue interface kit (¶ [0002], [0027] FIG. 1 … system 100; ¶ [0029], tissue interface 120; ¶ [0068] FIG. 7 … tissue interface 120 applied to a tissue site that comprises an abdominal cavity 705);
comprising: a tissue interface (¶ [0029], FIG. 1, the dressing 110 may comprise or consist essentially of a tissue interface 120, a cover 125, or both in some embodiments);
comprising: a first contact layer comprising a first plurality of perforations; a second contact layer comprising a second plurality of perforations; a spacer layer disposed between the first contact layer and the second contact layer (¶ [0057], FIG. 4, the tissue interface 120 generally includes a first contact layer 405, a second contact layer 410, and a spacer layer 415 … For example, as illustrated in FIG. 4, the first contact layer 405 and the second contact layer 410 may have fenestrations 420); and
a plurality of location tags disposed between the first contact layer and the second contact layer and configured to be positioned in a plurality of treatment areas within an abdominal cavity; and an identifier tool configured to sense a location of one of the plurality of location tags relative to each of the treatment areas (¶ [0061] FIG. 5 also illustrates a plurality of sensors 530 that may be associated with tissue interface 120 of FIG. 4. … the sensors 530 are positioned in different regions, zones, or areas within the abdominal cavity; ¶ [0072] FIG. 8 … The sensor 530 may comprise a temperature sensor that is a component of either the pressure sensor 816 or the humidity sensor 818. The sensor 530 is capable of two-way wireless communication with therapy device 800, which may be, for example, an iPad, a PC, or another similar device; ¶ [0079], Once the tissue interface 120 is in place, the operator registers in 1010 the locations or regions of the sensors 530A-530F in the abdominal cavity).
Long teaches the invention substantially as claimed by Applicant but does not explicitly sense a location of one of the plurality of location tags relative to each of the treatment areas when the identifier tool is moved within a sensing distance of the location of the one of the plurality of location tags. Gowans discloses apparatuses and methods for wound treatment constituting a tissue interface (¶ [0002], [0005], [0038], [0156], [0177] FIGS. 1A-B illustrate … system 10);
Gowans discloses an identifier tool configured to sense a location of one of a plurality of location tags relative to each of the treatment areas when the identifier tool is moved within a sensing distance of the location of the one of the plurality of location tags (¶ [0264] In some embodiments, a system (such as, an NPWT system) can utilize a signal emitting device or position sensing unit to track the position or orientation of sensors … etc.; ¶ [0269] As another example, position or orientation of a sensor can be determined using a signal emitting device that includes, for instance, a radio-frequency identifier (RFID) … Alternatively or in addition, the sensor package may register itself with electromagnetic tags (e.g. RFID tags) placed on or near the patient that allow the sensor package to define its position and orientation with respect to the tags; ¶ [0271], [0273], determine the position or orientation of the sensor strip 640 or specific sensors of the strip; ¶ [0286], identify a location of a specific sensor, the sensor string, and/or the sensor strip within the wound).
Gowans automatically registers a plurality of sensors’ locations and more accurately calculates their positions. Regarding the rationale and motivation to modify Long with Gowans’s identifier tool configuration and location tag layout, see the discussion of claim 1 above.
Regarding claim 19, Long discloses a method of placing a tissue interface into an abdominal cavity (claim 11. A method for applying negative-pressure therapy to an abdominal cavity; ¶ [0002], [0005] New and useful systems, apparatuses, and methods for remote monitoring in a negative-pressure therapy environment; ¶ [0027] FIG. 1 … system 100; ¶ [0029], tissue interface 120; ¶ [0068] FIG. 7 … tissue interface 120 applied to a tissue site that comprises an abdominal cavity 705);
comprising: inserting the tissue interface into the abdominal cavity (¶ [0068] FIG. 7 … tissue interface 120 applied to a tissue site that comprises an abdominal cavity 705);
the tissue interface comprising: a first contact layer comprising a first plurality of perforations; a second contact layer comprising a second plurality of perforations; a spacer layer disposed between the first contact layer and the second contact layer (¶ [0057], FIG. 4, the tissue interface 120 generally includes a first contact layer 405, a second contact layer 410, and a spacer layer 415 … For example, as illustrated in FIG. 4, the first contact layer 405 and the second contact layer 410 may have fenestrations 420); and
a plurality of location tags disposed between the first contact layer and the second contact layer; locating, with an identifier tool, each location tag of the plurality of location tags to determine an orientation of the tissue interface in the abdominal cavity (¶ [0061] FIG. 5 also illustrates a plurality of sensors 530 that may be associated with tissue interface 120 of FIG. 4. … the sensors 530 are positioned in different regions, zones, or areas within the abdominal cavity; ¶ [0072] FIG. 8 … The sensor 530 may comprise a temperature sensor that is a component of either the pressure sensor 816 or the humidity sensor 818. The sensor 530 is capable of two-way wireless communication with therapy device 800, which may be, for example, an iPad, a PC, or another similar device; ¶ [0079], Once the tissue interface 120 is in place, the operator registers in 1010 the locations or regions of the sensors 530A-530F in the abdominal cavity); and
adjusting the orientation of the tissue interface to place the tissue interface in a plurality of treatment areas within the abdominal cavity (¶ [0048] In operation, the tissue interface 120 may be placed within, over, on, or otherwise proximate to a tissue site. If the tissue site is a wound, for example, the tissue interface 120 may partially or completely fill the wound, or it may be placed over the wound; ¶ [0062], Alternatively, the sensors 530 may be removably attached to the spacer layer 415, thereby enabling the positions of the sensors 530 to be customized by moving the sensors 530 to target specific zones in the abdominal cavity).
Long does not explicitly sense each location tag with the identifier tool to determine an orientation of the tissue interface. Gowans discloses an apparatus and method including sensing, with an identifier tool, each location tag of a plurality of location tags to determine an orientation of a tissue interface (¶ [0264] In some embodiments, a system (such as, an NPWT system) can utilize a signal emitting device or position sensing unit to track the position or orientation of sensors, estimate movement, position, or location of the wound, patient, etc.; ¶ [0269] As another example, position or orientation of a sensor can be determined using a signal emitting device that includes, for instance, a radio-frequency identifier (RFID); ¶ [0281], As such, the position of the component or positioning device 605 can be utilized to determine the position or orientation of the sensor string 604 or specific sensors of the string); and
adjusting the orientation of the tissue interface to place the tissue interface in a plurality of treatment areas (¶ [0252] In some embodiments, the position or orientation of one or more sensor strings, sensor strips, sensor arrays, or sensor matrices … etc. is tracked or determined and may be utilized to limit orientation errors … In addition, the position or orientation data can be utilized to assist in the placement (e.g., initial placement or subsequent adjustments) of a wound dressing or sensor package to lessen the likelihood of imperfect placement).
Gowans rapidly initializes a tissue interface and more accurately calculates their positions. Regarding the rationale and motivation to modify Long with Gowans’s identifier tool configuration and location tag layout, see the discussion of claim 1 above.
Regarding claims 2-3, 5-7, 9-11 and 13-17, Long discloses a tissue interface, kit and method wherein the spacer layer comprises a central portion and a plurality of appendages radiating from the central portion and configured to extend to a plurality of zones within the abdominal cavity (¶ [0058], In the example of FIG. 4, the spacer layer 415 has a star profile having a plurality of appendages, such as spacer legs 425, coupled to and radiating from a central body 430);
wherein the plurality of location tags are disposed between the plurality of appendages of the spacer layer (¶ [0062], In still other embodiments, the sensors 530 may not be mounted on spacer layer 415 at all but may instead, be fixedly or removably attached between the spacer legs 425, such as in one of more of the flow paths 520);
wherein each location tag of the plurality of location tags is encoded with a unique identifier (¶ [0078] FIG. 9 … Each of the sensors 530A-503F comprises a unique sensor identifier (ID) value that enables therapy device 800 to determine the identity of each sensor 530A-530F and to establish a dedicated bi-directional communication link to each sensor 530A-530F. For example, sensor 530A ID may be a unique binary value associated with sensor 530A, sensor 530B ID may be a unique binary value associated with sensor 530B, and so forth);
wherein the plurality of location tags are disposed between the first contact layer and the second contact layer and isolated from the abdominal cavity by the first contact layer and the second contact layer (¶ [0062] In the exemplary embodiment in FIG. 5, the sensors 530 are mounted on the spacer layer 415; ¶ [0067], In the exemplary embodiment in FIG. 6, the sensors 530 are mounted at various spaced-apart points of the spacer layer 415; ¶ [0069] In the example of FIG. 7 … A plurality of sensors 530 are disposed on the surface of spacer layer 415, beneath second contact layer 410);
wherein the identifier tool is configured to locate each location tag of the plurality of location tags separately from another location tag of the plurality of location tags (¶ [0078] FIG. 9 … Each of the sensors 530A-503F comprises a unique sensor identifier (ID) value that enables therapy device 800 to determine the identity of each sensor 530A-530F);
wherein the plurality of location tags are further configured to collect treatment data associated with the plurality of treatment areas within the abdominal cavity; wherein the treatment data comprises at least one of a pressure in the abdominal cavity, a temperature in the abdominal cavity, a pH in the abdominal cavity, or a presence of fluid in the abdominal cavity (¶ [0072] FIG. 8 … The sensor 530 may comprise a housing 810 that contains a circuit board (not shown) on which are mounted a pressure sensor 816, a humidity sensor 818, a pH sensor 820, a front-end amplifier 821, a communications module 822, and a power source 824. The sensor 530 may comprise a temperature sensor that is a component of either the pressure sensor 816 or the humidity sensor 818);
wherein the plurality of location tags are configured to communicate the treatment data with the identifier tool (¶ [0072], In some embodiments, the therapy device 800 may be a stand-alone device that simply monitors sensors 530 and displays values to an operator. In other embodiments, therapy device 800 may communicate with controller 130 to transmit the measured pressure, humidity, and pH to controller 130);
wherein the identifier tool comprises a handheld device comprising a locator and an indicator (¶ [0008], The system may include a wireless transceiver in some examples, which may to a tablet device or smartphone; ¶ [0061], The sensors 530 may be capable of transmitting and receiving signals wirelessly, which can enable the sensors to be remotely monitored and controlled by an external device (e.g., iPad or similar tablet device); ¶ [0072], The sensor 530 is capable of two-way wireless communication with therapy device 800, which may be, for example, an iPad, a PC, or another similar device);
wherein the indicator is configured to actuate when the locator is within a sensing distance of one of the location tags of the plurality of location tags (¶ [0073], The wireless communication chip in wireless communications module 822 may comprise an integrated device that implements Bluetooth® Low Energy wireless technology);
wherein the identifier tool comprises a smart phone configured to communicate with each location tag of the plurality of location tags (¶ [0008], The system may include a wireless transceiver in some examples, which may to a tablet device or smartphone; ¶ [0072], The sensor 530 is capable of two-way wireless communication with therapy device 800, which may be, for example, an iPad, a PC, or another similar device);
wherein the identifier tool is configured to display the treatment data of one of the location tags of the plurality of location tags when the identifier tool is within a sensing distance thereof (¶ [0079], Once the tissue interface 120 is in place, the operator registers in 1010 the locations or regions of the sensors 530A-530F in the abdominal cavity. In this manner, the parameter values registered by the sensors 530A-530F may be associated with specific regions within the abdominal cavity; ¶ [0085] Temperature—In one variant, the therapy system can be configured to determine the temperature at multiple discrete points in the abdominal cavity by use of remote temperature sensors in sensors 530. This can be particularly useful as multiple, discretely-located temperature sensors are able to form a de facto temperature gradient field identifying any higher temperatures or potential sources and locations of infection. This can even be presented via a graphic on the therapy device 800 as a field thus helping the operator locate the zone or area of potential intra-abdominal infection).
Regarding claim 18, Long discloses a kit wherein each location tag has a unique identifier, and the identifier tool is configured to detect the unique identifier (¶ [0078] FIG. 9 … Each of the sensors 530A-503F comprises a unique sensor identifier (ID) value that enables therapy device 800 to determine the identity of each sensor 530A-530F and to establish a dedicated bi-directional communication link to each sensor 530A-530F);
when the identifier tool is within a sensing distance thereof (¶ [0073], Bluetooth® Low Energy wireless technology).
Long does not explicitly configure the identifier tool to display the unique identifier of one of the location tags of the plurality of location tags. However, Long discloses that the identifier tool receives unique identifiers as binary values (¶ [0078]), and that the tags’ locations form a map or graphical layout (¶ [0085], the therapy system can be configured to determine the temperature at multiple discrete points … multiple, discretely-located temperature sensors are able to form a de facto temperature gradient field).
Long also requires an operator to register the tags’ locations during a setup phase (¶ [0079], Once the tissue interface 120 is in place, the operator registers in 1010 the locations or regions of the sensors 530A-530F in the abdominal cavity). Here, Long suggest a need to confirm each tag’s unique binary identifier. A skilled artisan would have been able to modify Long’s identifier tool by adding a confirmation or query feature where the operator can check each tag’s ID. For example, during the setup phase, the smartphone app can display each tag’s ID along with other parameters.
Regarding claim 20, Long further discloses collecting treatment data associated with the abdominal cavity from each location tag of the plurality of location tags using the identifier tool (¶ [0008], The system may include a wireless transceiver in some examples, which may to a tablet device or smartphone; ¶ [0072], The sensor 530 is capable of two-way wireless communication with therapy device 800, which may be, for example, an iPad, a PC, or another similar device);
locating a unique identifier of each of the plurality of location tags at each of the plurality of treatment areas using the identifier tool (¶ [0079], Once the tissue interface 120 is in place, the operator registers in 1010 the locations or regions of the sensors 530A-530F in the abdominal cavity);
assigning the treatment data to each of the plurality of treatment areas using the unique identifier; and outputting, with the identifier tool, the treatment data at each of the plurality of treatment areas (¶ [0085], the therapy system can be configured to determine the temperature at multiple discrete points in the abdominal cavity by use of remote temperature sensors in sensors 530 … to form a de facto temperature gradient field).
Since Long displays a temperature gradient field, this necessarily requires that the identifier tool uses both the unique identifier and treatment data from each tag located at each of the plurality of treatment areas. In other words, without a combination of both unique IDs, location data and treatment data, the tool could not produce a heatmap.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Long and Gowans in view of Duesterhoft; Paul et al. (US 20130271278 A1).
Regarding claim 4, Long discloses a plurality of location tags that communicate wirelessly (¶ [0073], The wireless communication chip in wireless communications module 822 may comprise an integrated device that implements Bluetooth® Low Energy wireless technology … the nRF51822 chip available from Nordic Semiconductor).
Long and Gowans do not explicitly disclose NFC devices. Duesterhoft discloses a system for monitoring a wound dressing (¶ [0004], [0058], appurtenance 120; ¶ [0065] The appurtenances 120 described herein can be useful in conjunction with an affixed wound dressing as a combination unit 125);
comprising a tag, wherein the tag is a near field communication (NFC) device (¶ [0081], The at least one transmitter included in the appurtenance 120 can include a near field communication (NFC) device. The appurtenance 120 can include a transmission unit. The transmission unit can include a transmitter and a receiver. The transmission unit can include an RFID unit. The transmission unit can include a near field communication (NFC) device; ¶ [0092], A local unit 540 can include a radio-frequency identification (RFID) receiver. A local unit 540 can include a near field communication (NFC) device; ¶ [0109], US Patent Application No. 2009/0243813 to Smith at al., titled "Wireless Programming of Non-Volatile Memory with Near-Field UHF Coupling," … incorporated herein by reference).
Duesterhoft transfers information with a widely known wireless protocol that consumes very low energy. One would be motivated to modify Long and Gowans with Duesterhoft’s NFC device since Long suggests to use other wireless protocols (¶ [0067], The sensors 530 may be wireless-capable sensors; ¶ [0073], The wireless communications module 822 may be implemented with other wireless technologies suitable for use in the medical environment). Therefore, it would have been obvious to modify Long and Gowans with Duesterhoft’s NFC device in order to transmit data with another low-energy protocol.
Response to Arguments
Applicant’s arguments filed 18 September 2026 regarding the rejection of claims 1-7 and 9-20 as amended, under 35 USC § 102 and 103 over Long and Duesterhoft, have been fully considered and are persuasive. After further consideration, the amended claims are rejected on new grounds under 35 USC § 103 over Long, Gowans and Duesterhoft (see above).
Applicant submits that Long clearly teaches that an operator registers the locations for the sensors 530 … Long does not teach or suggest that the alleged therapy device 800/iPad/PC are capable of locating the sensors 530 independently of the operators registration of their locations as set forth above (remarks p. 6). Examiner responds that Long and Gowans are cited in the new grounds of rejection as teaching all features of claims 1, 12 and 19 in the new grounds of rejection. Gowans explicitly discloses a RFID-based system that detects individual sensors and calculates their positions (¶ [0264], [0269], [0271], [0273], [0286]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Cheung; Andrew et al. US 20120316486 A1
Seres; Michael et al. US 20190133812 A1
Schoess; Jeffrey N. et al. US 20190192066 A1
Gowans; Philip et al. US 20200289347 A1
Hunt; Allan Kenneth Frazer Grugeon et al. US 20200352501 A1
Quintanar; Felix Clarence et al. US 20210401358 A1
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 extension fee 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 date of this final action.
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/Adam Marcetich/
Primary Examiner, Art Unit 3781
