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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 7-11, and 13-15 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C 102(a)(2) as being anticipated by Finch et al. (hereinafter ‘Finch’, U.S. PGPub No. 2020/0069953).
In regards to claim 1, Finch discloses a defibrillation unit, comprising: a defibrillator ([0020]: "A WCD system 10 according to embodiments can be configured to defibrillate the patient 82 who is wearing the designated parts the WCD system 10. Defibrillating can be by the WCD system 10 delivering an electrical charge to the patient's body in the form of an electric shock. The electric shock can be delivered in one or more pulses."), an electrode including an electrode light indicator ([0039]: "User interface 280 can be made in a number of ways. User interface 280 may include output devices, which can be visual, audible or tactile, for communicating to a user 282 by outputting images, sounds or vibrations. Images, sounds, vibrations, and anything that can be perceived by user 282 can also be called human-perceptible indications (HPIs). There are many examples of output devices. For example, an output device can be a light, or a screen to display what is sensed, detected and/or measured, and provide visual feedback to user 282 acting as a rescuer for their resuscitation attempts, and so on"), a cable configured to couple the electrode to the defibrillator, wherein the cable includes a cable light indicator ([0024]: "FIG. 1 also shows sample defibrillation electrodes 104 and/or 108, which are coupled to external defibrillator 100 via electrode leads 105. Defibrillation electrodes 104 and/or 108 can be configured to be worn by patient 82 in several ways. For instance, defibrillator 100 and defibrillation electrodes 104 and/or 108 can be coupled to support structure 170, directly or indirectly."), and a light indicator controller for controlling an indication of a functioning status of the defibrillation unit, wherein the light indicator controller is configured to: ascertain an operational mode of the defibrillator and control an illumination of the electrode light indicator and the cable light indicator based on the operational mode of the defibrillator ([0097]: "The WCD system 10 can have an ambient light sensor that allows the indicator light-emitting diodes (LEDs) and liquid crystal display (LCD) backlight LEDs to be set to the lowest needed operational current.").
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In regards to claim 2, Finch discloses that the light indicator controller being configured to control the illumination of the electrode light indicator and the cable light indicator based on the operational mode of the defibrillator includes: the light indicator controller configured to control a standby/startup illumination of the electrode light indicator and the cable light indicator representative of at least one of a deactivation or an activation of the defibrillator when electrode is coupled to the defibrillator by cable ([0097]: "The WCD system 10 can have an ambient light sensor that allows the indicator light-emitting diodes (LEDs) and liquid crystal display (LCD) backlight LEDs to be set to the lowest needed operational current. One or more of the following strategies can be used in reaction to a detected arrhythmia.").
In regards to claim 3, Finch discloses that the light indicator controller being configured to control the illumination of the electrode light indicator and the cable light indicator based on the operational mode of the defibrillator includes: the light indicator controller configured to control an application illumination of the electrode light indicator and the cable light indicator representative of a detection, by the defibrillator, of the electrode being applied to a patient ([0040]: "User interface 280 further may include input devices for receiving inputs from users.").
In regards to claim 4, Finch discloses that the light indicator controller being configured to control the illumination of the electrode light indicator and the cable light indicator based on the operational mode of the defibrillator includes: the light indicator controller configured to control a therapy alert illumination of the electrode light indicator and the cable light indicator representative of at least one of a heart rhythm analysis or a shock delivery being executed by the defibrillator ([0097]: "The WCD system 10 can have an ambient light sensor that allows the indicator light-emitting diodes (LEDs) and liquid crystal display (LCD) backlight LEDs to be set to the lowest needed operational current. One or more of the following strategies can be used in reaction to a detected arrhythmia.").
In regards to claim 5, Finch discloses that the light indicator controller being configured to control the illumination of the electrode light indicator and the cable light indicator based on the operational mode of the defibrillator includes: the light indicator controller configured to control an intervention illumination of the electrode light indicator and the cable light indicator representative of an intervention monitoring being executed by the defibrillator ([0087]: "A gatekeeper function 612 may be used to provide an early indication that an arrhythmia may be present in the patient 110.").
In regards to claim 7, Finch discloses a light indicator controller for controlling an indication of a functioning status of a defibrillation unit including a defibrillator, an electrode having an electrode light indicator and a cable having a cable light indicator, the light indicator controller comprising: a non-transitory machine-readable storage medium encoded with instructions for execution by at least one processor, the non-transitory machine-readable storage medium including the instructions to: ascertain the functioning status of a defibrillator and control an illumination of the electrode light indicator and the cable light indicator based on the operational mode of the defibrillator ([0060]: " Memory 238, if provided, can include programs and/or instructions for processor 230, which processor 230 may be able to read and execute. More particularly, the programs can include sets of instructions in the form of code, which processor 230 may be able to execute upon reading. Executing is performed by physical manipulations of physical quantities, and may result in functions, operations, processes, acts, actions and/or methods to be performed, and/or the processor to cause other devices or components or blocks to perform such functions, operations, processes, acts, actions and/or methods. The programs can be operational for the inherent needs of processor 230, and can also include protocols and ways that decisions can be made by advice module 234. In addition, memory 238 can store prompts for user 282, if this user is a local rescuer. Moreover, memory 238 can store data. This data can include patient data, system data and environmental data, for example as learned by internal monitoring device 281 and outside monitoring device 180.").
In regards to claim 8, Finch discloses that the instructions to control the illumination of the electrode light indicator and the cable light indicator based on the operational mode of the defibrillator includes instructions to: control a standby/startup illumination of the electrode light indicator and the cable light indicator representative of at least one of a deactivation or an activation of the defibrillator when electrode is coupled to the defibrillator by cable ([0097]: "The WCD system 10 can have an ambient light sensor that allows the indicator light-emitting diodes (LEDs) and liquid crystal display (LCD) backlight LEDs to be set to the lowest needed operational current. One or more of the following strategies can be used in reaction to a detected arrhythmia.").
In regards to claim 9, Finch discloses that the instructions to control the illumination of the electrode light indicator and the cable light indicator based on the operational mode of the defibrillator includes instructions to: control an application illumination of the electrode light indicator and the cable light indicator representative of a detection, by the defibrillator, of the electrode being applied to a patient ([0040]: "User interface 280 further may include input devices for receiving inputs from users.").
In regards to claim 10, Finch discloses that the instructions to control the illumination of the electrode light indicator and the cable light indicator based on the operational mode of the defibrillator includes instructions to: control a therapy alert illumination of the electrode light indicator and the cable light indicator representative of at least one of a heart rhythm analysis or a shock delivery being executed by the defibrillator ([0097]: "The WCD system 10 can have an ambient light sensor that allows the indicator light-emitting diodes (LEDs) and liquid crystal display (LCD) backlight LEDs to be set to the lowest needed operational current. One or more of the following strategies can be used in reaction to a detected arrhythmia.").
In regards to claim 11, Finch discloses that the instructions to control the illumination of the electrode light indicator and the cable light indicator based on the operational mode of the defibrillator includes instructions to: control an intervention illumination of the electrode light indicator and the cable light indicator representative of an intervention monitoring being executed by the defibrillator ([0087]: "A gatekeeper function 612 may be used to provide an early indication that an arrhythmia may be present in the patient 110.").
In regards to claim 13, Finch discloses a method executable by a light indicator controller for controlling an indication of a functioning status of a defibrillation unit including a defibrillator, an electrode having an electrode light indicator and a cable having a cable light indicator, the method comprising: ascertaining, by the light indicator controller, an operational mode of the defibrillator and controlling, by the light indicator controller, an illumination of the electrode light indicator and the cable light indicator based on the operational mode of the defibrillator ([0097]: "The WCD system 10 can have an ambient light sensor that allows the indicator light-emitting diodes (LEDs) and liquid crystal display (LCD) backlight LEDs to be set to the lowest needed operational current.").
In regards to claim 14, Finch discloses that the controlling, by the light indicator controller, the illumination of the electrode light indicator and the cable light indicator based on the operational mode of the defibrillator includes: controlling, by the light indicator controller, a standby/startup illumination of the electrode light indicator and the cable light indicator representative of at least one of a deactivation or an activation of the defibrillator when electrode is coupled to the defibrillator by cable ([0097]: "The WCD system 10 can have an ambient light sensor that allows the indicator light-emitting diodes (LEDs) and liquid crystal display (LCD) backlight LEDs to be set to the lowest needed operational current. One or more of the following strategies can be used in reaction to a detected arrhythmia.").
In regards to claim 15, Finch discloses that the controlling, by the light indicator controller, the illumination of the electrode light indicator and the cable light indicator based on the operational mode of the defibrillator includes at least one of: controlling, by the light indicator controller, an application illumination of the electrode light indicator and the cable light indicator representative of a detection, by the defibrillator, of the electrode being applied to a patient ([0097]: "The WCD system 10 can have an ambient light sensor that allows the indicator light-emitting diodes (LEDs) and liquid crystal display (LCD) backlight LEDs to be set to the lowest needed operational current. One or more of the following strategies can be used in reaction to a detected arrhythmia."), controlling, by the light indicator controller, a therapy alert illumination of the electrode light indicator and the cable light indicator representative of at least one of a heart rhythm analysis or a shock delivery being executed by the defibrillator ([0040]: "User interface 280 further may include input devices for receiving inputs from users."), or controlling, by the light indicator controller, an intervention illumination of the electrode light indicator and the cable light indicator representative of an intervention monitoring being executed by the defibrillator ([0097]: "The WCD system 10 can have an ambient light sensor that allows the indicator light-emitting diodes (LEDs) and liquid crystal display (LCD) backlight LEDs to be set to the lowest needed operational current. One or more of the following strategies can be used in reaction to a detected arrhythmia.").
Allowable Subject Matter
Claims 6 and 12 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.
In regards to claims 6 and 12, no prior art that was searched through disclosed or taught a defibrillation with a light indicator controller that specified controlling, based on the operating mode of the defibrillator, an illumination of at least one of pull tabs on the electrodes, a CPR feedback puck, or an electrode case or cartridge.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN M LEE whose telephone number is (703)756-1789. The examiner can normally be reached 9:00 am - 6:00 pm.
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/B.M.L./Examiner, Art Unit 3796
/CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796
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