DETAILED ACTION
This Office Action is in response to the filing of a preliminary amendment to the claims on 1/28/2025. As per the amendment, claims 1-50 have been cancelled, and claims 51-81 have been added. Thus, claims 51-81 are pending in the application.
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 Objections
Claims 79 and 81 are objected to because of the following informalities:
Claim 79 recites the term “base” in line 6. Examiner suggests changing to read –based—in order to correct a typographical error.
Claim 81 recites the term “are paused.” at the end of claim 81 in line 4. Examiner suggests removing this term as it is redundant with the previously cited “pausing chest compressions” in lines 3-4
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
Claims 51-58 and 62-64 are under 35 U.S.C. 103 as being unpatentable over Lampe et al. (US Pub 2015/0283027) in view of Freeman et al. (US Pat. 9,861,311) in view of Pickett et al. (US Pat. 7,074,177).
Regarding claim 51, Lampe discloses a system for managing a chest compression treatment to a patient in need of emergency assistance by a rescuer (see the system of Figs. 2-3, and described in [0006]-[0008]), the system comprising: at least one sensor configured to measure blood flow data (pressure transducers 708-1 and 708-2 as seen in Fig. 7A, which estimate blood flow; see [0067] and [0076]); one or more computer executable media comprising instructions (see [0034] where the controller 204 includes some logic or memory, and it is understood that a controller must have some media it interacts with in order to perform its tasks); one or more processors (see [0034] where processors are included as part of the control system), in communication with the at least one sensor (see [0034] where the processor that is part of the control system, and see [0069] and Fig. 7A where the power estimation system 704 includes the controller circuitry and is used for estimating the blood flow that is sensed by the transducers 708-1 and 708-2), configured to execute the instructions by performing operations comprising: receiving the blood flow data from the at least one sensor (see [0069] and [0074]-[0075] where the pressure transducers 708-1 and 708-2 collect data for determining a blood flow), based on the blood flow data, providing data corresponding to the chest compression treatment (see [0030], [0069], [0074] and [0076] where the hemodynamic power estimator 716 of the power estimation system 704 as seen in Fig. 7A estimates the blood flow; and further see [0086] where an increase in forward flow, and thus blood flow, is an indicator of the effectiveness of the chest compression), and generating an output indication for whether cardiac activity was restored based on the determination of whether cardiac activity was restored (see [0081] where the estimates are outputted to be displayed on a monitor; and see [0070] where the estimated hemodynamic power is a measure of cardiac function, and can thus determine whether cardiac activity was restored based on cardiac function measurement).
Lampe lacks a detailed description of based on the blood flow data, generating arterial blood flow data and venous blood flow data, determining one or more portions of the arterial blood flow data and the venous blood flow data corresponding to the chest compression treatment, and determining whether cardiac activity was restored during the chest compression treatment based on the determined one or more portions of the arterial blood flow data and the venous blood flow data corresponding to the chest compression treatment.
However, Freeman teaches a similar compression device, where the measurement of blood flow caused by compression is a ratio of arterial blood volume relative to the venous blood volume over a period of time (see Col. 3 lines 16-33, where the ratio between arterial and venous blood is measured by volume per time, which is a measure of flow), which is used to provide an estimation on the effectiveness of provided compressions (see Col. 3 lines 34-44), and is based on comparisons between the arterial blood flow and venous blood flow (see Col. 8 lines 31-55 where the ratio comparison between arterial and venous blood flow occurs over a duration of time (i.e. a sliding window of time or over the entire duration of the CPR), such that comparisons will occur during the measurement time as the flow oscillates between systole and diastole) and determining whether cardiac activity was restored during the chest compression treatment based on the determined one or more portions of the arterial blood flow data and the venous blood flow data corresponding to the chest compression treatment (see Col. 8 lines 31-55 where the arterial and venous blood flow data is used to determine changes to the CPR over time, where measured values such as rate of filling of the arterial and venous vessels is indicative of cardiac activity, and can be used to make a determination as to whether cardiac activity has been restored).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hemodynamic measurement of blood flow of Lampe to include a measure that compares arterial and venous blood flow over time as taught by Freeman as it would provide an additional measurement means for indicating the effectiveness of the applied compressions, to better control the performed CPR and monitor its changes over time.
The modified Lampe device lacks a detailed description of determining one or more portions of the arterial blood flow data corresponding to a suspected naturally occurring heartbeat, and determining cardiac activity restoration based on the one or more portions of the arterial blood flow data corresponding to the suspected naturally occurring heartbeat.
However, Pickett teaches a similar device for compressing a user, where the determination of hemodynamic changes is based on a diastolic-to-systolic ratio, and the comparison of the peak diastolic amplitude to the peak systolic amplitude is used to measure hemodynamic changes (see Col. 1 line 28 to Col. 2 line 3; namely Col. 1 line 63 and onward), and where measured diastole and systole, their ratios and peaks, relate to a suspected naturally occurring heartbeat that produces them, and determining cardiac activity restoration based on the one or more portions of the arterial blood flow data corresponding to the suspected naturally occurring heartbeat (see Col. 1 line 28 to Col. 2 line 3; namely Col. 1 line 63 and onward, where the measured metrics corresponding to systole and diastole are used to monitor changes and improvements to the blood flow thereof. Notably, systole and diastole are measurements of cardiac output, and thus can be used to determine a cardiac activity restoration).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the comparison of arterial and venous blood flow of the modified Lampe device to include a comparison between the peak values of systole and diastole as taught by Pickett, as it would provide an additional means of measuring hemodynamic changes for better synchronization of the compression with the phases of the heart (Pickett; see Col. 1 line 28 to Col. 2 line 3) as commonly used in the art (Pickett; see Col. 2 lines 1-3). It is understood that Lampe monitors a cardiovascular function ([0070]), and would better be able to monitor this in light of additional cardiac and blood flow characteristics as taught by Freeman and Pickett.
Regarding claim 52, the modified Lampe device has an output device configured to provide the generated output indication for a rescuer (Lampe; see [0081] where the estimates are outputted to be displayed on a monitor).
Regarding claim 53, the modified Lampe device has determining whether the cardiac activity was restored comprises: identifying peaks of the arterial blood flow data (Pickett; see Col. 1 line 28 to Col. 2 line 3 where systolic peaks are determined); and determining an absence of peaks of the venous blood flow data that correspond to the identified peaks of the arterial blood flow data (Pickett; see Col. 1 line 28 to Col. 2 line 3 where an absence of a peak of venous will correspond to a peak of arterial blood).
Regarding claim 54, the modified Lampe device has wherein determining one or more portions of the arterial blood flow data and the venous blood flow data corresponding to the chest compression treatment further comprises: identifying peaks in the arterial blood flow data having a corresponding peak in the venous blood flow data (Pickett; see Col. 1 line 28 to Col. 2 line 3 where the blood flow data includes peaks of arterial and venous amplitude that are compared to one another, and thus correspond to each other).
Regarding claim 55, the modified Lampe device has wherein determining one or more portions of the arterial blood flow data corresponding to a suspected naturally occurring heartbeat comprises: identifying peaks in the arterial blood flow data (Pickett; see Col. 1 line 28 to Col. 2 line 3 where systolic peaks are determined) without a corresponding peak in the venous blood flow data (Pickett; see Col. 1 line 28 to Col. 2 line 3 where an absence of a peak of venous will correspond to a peak of arterial blood).
Regarding claim 56, the modified Lampe device has wherein determining one or more portions of the arterial blood flow data corresponding to a suspected naturally occurring heartbeat further comprises identifying one or more peaks in the arterial blood flow data having a different frequency than one or more peaks in the one or more portions of the arterial blood flow data and the venous blood flow data corresponding to the chest compression treatment (Freeman; see Col. 8 lines 31-55 where measured values can include rates/ frequencies of the filling of arterial and venous vessels, and changes to blood volume capacity over time, and thus a measured rate of change of the systole and diastole parameters (of Pickett) can be used as part of the determination regarding the presence of a naturally occurring heartbeat).
Regarding claim 57, the modified Lampe device has wherein determining one or more portions of the arterial blood flow data and the venous blood flow data corresponding to the chest compression treatment further comprises: identifying a peak within a time interval of an applied compression of the chest compression treatment (Freeman; see Col. 8 lines 31-55 where measured arterial and venous flow can be measured over a time interval, such that the determined ratio within that time interval is a peak value).
Regarding claim 58, the modified Lampe device has wherein the at least one sensor comprises a blood flow sensor (Freeman; see Col. 3 lines 16-33, where the ratio between arterial and venous blood is measured by volume per time, which is a measure of flow, and thus the modified device has a sensor that measures blood flow).
Regarding claim 62, the modified Lampe device has wherein the system is configured to be coupled to a mechanical chest compression device connected to the patient (Lampe; see chest compressor mechanism 206 in Fig. 2).
Regarding claim 63, the modified Lampe device has wherein the operations comprise: determining at least one prominent peak among the generated arterial blood flow data for a compression cycle of the chest compression treatment and at least one prominent peak among the generated venous blood flow data for the compression cycle of the chest compression treatment (Pickett; see Col. 1 line 28 to Col. 2 line 3 where there are systolic and diastolic peaks, and any subset of them (including all of them) can be picked out as “prominent peaks”), and providing an estimation of chest compression effectiveness base on the determined at least one prominent peak among the generated arterial blood flow data and the determined at least one prominent peak among the generated venous blood flow data (Pickett; see Col. 1 line 28 to Col. 2 line 3 where the hemodynamic changes that correspond to chest compression effectiveness are based on comparisons between the systolic and diastolic peaks, which are considered to be “prominent peaks” when used in the calculation).
Regarding claim 64, the modified Lampe device has wherein the output indication comprises feedback for the rescuer of chest compression effectiveness displayed on a screen of a medical device (Lampe; see [0081] where the monitor 718 displays the output to be seen by a rescuer).
Claims 59 and 65 are rejected under 35 U.S.C. 103 as being unpatentable over Lampe in view of Freeman in view of Pickett as applied to claim 51 above, and further in view of Giarracco et al. (US Pub. 2016/0206504).
Regarding claim 59, the modified Lampe device has wherein the at least one sensor generated arterial and venous blood data.
The modified Lampe device lacks a detailed description of wherein the at least one sensor is configured to identify oxygenated blood data and deoxygenated blood data, the oxygenated blood data being used to generate the arterial blood flow data and the deoxygenated blood data being used to generate the venous blood flow data.
However, Giarracco teaches a similar device where determinations of efficacy of CPR can use pulse oximetry to measure oxygen saturation of arterial and venous blood, thus producing an oxygenated blood data (arterial) and deoxygenated blood data (venous) via the pulse oximeter (see [0058]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blood data gathered by the modified Lampe device to include oxygenated and deoxygenated blood data from a pulse oximeter device as taught by Giarracco as it provides an additional parameter for measuring the efficacy of CPR, for better accuracy of the system.
Regrading claim 65, the modified Lampe device has an automated chest compression device configured to be mechanically coupled to the patient (Lampe; see chest compressor mechanism 206 in Fig. 2), and determining if cardiac activity was restored during the chest compression treatment (Lampe; see [0070]).
The modified Lampe device lacks a detailed description of in response to the determination that cardiac activity was restored during the chest compression treatment, pausing chest compressions from the automated mechanical chest compression device.
However, Giarracco teaches a device for monitoring the efficacy of a CPR regimen, where the system can process and deliver a feedback recommendation to stop all compression upon detection of a return to spontaneous circulation (ROSC)(see [0050]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the monitoring and control system of the modified Lampe device to pause chest compressions upon determining an ROSC as taught by Giarracco, as it would stop the system once it is determined that it no longer needs to be operational, helping prevent possible harm from continued use.
Claim 60 is rejected under 35 U.S.C. 103 as being unpatentable over Lampe in view of Freeman in view of Pickett as applied to claim 51 above, and further in view of Such et al. (US Pub. 2007/0027386).
Regarding claim 60, the modified Lampe device has the system for managing chest compression treatment.
The modified Lampe device lacks a detailed description of a 750 nm light-emitting diode (LED) for a venous target having a first absorbance is dominated by de-oxy hemoglobin; and a 850 nm LED for a 850 nm an arterial target having a second absorbance is dominated by oxy- hemoglobin.
However, Such teaches a similar device for measurement health parameters of a user, where a pulse oximeter includes LEDs which operate at 750 nm for measuring deoxygenated hemoglobin and 850 nm for measuring oxygenated hemoglobin (see [0006]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blood data gathered by the modified Lampe device to include oxygenated and deoxygenated blood data from a pulse oximeter operating at 750 nm and 850 nm as taught by Such as it provides an additional parameter for measuring the efficacy of CPR, for better accuracy of the system.
Claim 61 is rejected under 35 U.S.C. 103 as being unpatentable over Lampe in view of Freeman and Pickett and Such as applied to claim 60 above, and further in view of Brown, Jr. et al. (US Pat 9,039,180; hereinafter “Brown”).
Regarding claim 61, the modified Lampe device has the first absorbance and the second absorbance.
The modified Lampe device lacks a detailed description of wherein the first absorbance and the second absorbance are measured using a computer-controlled spectrometer coupled to a fiber optic cable and collimating lens, the LEDs and fiber optic collimating lens configured to be affixed to the patient at a set distance from one another.
However, Brown teaches a similar device for measuring parameters of a user, where a spectrometer controlled by a computer is coupled to a fiber optic and has a collimating lens (see Col. 19 line 27 to Col. 20 line 4), which is used as part of a system for measuring blood flow or blood oxygenation (Col. 23 lines 14-31 and Col. 25 lines 53-60). It is understood that the collimating lens is placed in a fixed position relative the patient, and the LEDs and fiber optic and collimating lens have some set distance from one another.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blood data measuring system of the modified Lampe device to include a spectrometer with fiber optic cable and collimating lens for measuring blood parameters as taught by Brown, as it would be a simple substitution of one type of measuring sensor for measuring blood parameters for another, to yield the predicable result of still providing data on blood flow of the user.
Claims 66-74 and 77-80 are rejected under 35 U.S.C. 103 as being unpatentable over Lampe in view of Freeman in view of Pickett.
Regarding claim 66, Lampe discloses a system for managing a chest compression treatment to a patient in need of emergency assistance by a rescuer (see the system of Figs. 2-3, and described in [0006]-[0008]), the system comprising: at least one sensor configured to measure blood data (pressure transducers 708-1 and 708-2 as seen in Fig. 7A, which estimate blood flow; see [0067] and [0076]); one or more computer executable media comprising instructions (see [0034] where the controller 204 includes some logic or memory, and it is understood that a controller must have some media it interacts with in order to perform its tasks); one or more processors (see [0034] where processors are included as part of the control system), in communication with the at least one sensor (see [0034] where the processor that is part of the control system, and see [0069] and Fig. 7A where the power estimation system 704 includes the controller circuitry and is used for estimating the blood flow that is sensed by the transducers 708-1 and 708-2), configured to execute the instructions by performing operations comprising: receiving the blood data from the at least one sensor (see [0069] and [0074]-[0075] where the pressure transducers 708-1 and 708-2 collect data for determining a blood flow), based on the blood data, providing data corresponding to the chest compression treatment (see [0030], [0069], [0074] and [0076] where the hemodynamic power estimator 716 of the power estimation system 704 as seen in Fig. 7A estimates the blood flow; and further see [0086] where an increase in forward flow, and thus blood flow, is an indicator of the effectiveness of the chest compression), and generating an output indication for whether cardiac activity was restored based on the determination of whether cardiac activity was restored (see [0081] where the estimates are outputted to be displayed on a monitor; and see [0070] where the estimated hemodynamic power is a measure of cardiac function, and can thus determine whether cardiac activity was restored based on cardiac function measurement).
Lampe lacks a detailed description of the sensor sensing blood volume data, and based on the blood volume data, generating oxygenated blood volume data and de-oxygenated blood volume data, determining one or more portions of the oxygenated blood volume data and the de-oxygenated blood volume data corresponding to the chest compression treatment and determining whether cardiac activity was restored during the chest compression treatment based on the determined one or more portions of the oxygenated blood volume data and the de-oxygenated blood volume data corresponding to the chest compression treatment.
However, Freeman teaches a similar compression device, where the measurement of blood flow caused by compression is a ratio of arterial blood volume relative to the venous blood volume over a period of time (see Col. 3 lines 16-33, where the ratio between arterial and venous blood is measured by volume per time, where atrial blood is oxygenated and venous blood is de-oxygenated), which is used to provide an estimation on the effectiveness of provided compressions (see Col. 3 lines 34-44), and is based on comparisons between the arterial blood flow and venous blood flow (see Col. 8 lines 31-55 where the ratio comparison between arterial and venous blood flow occurs over a duration of time (i.e. a sliding window of time or over the entire duration of the CPR), such that comparisons will occur during the measurement time as the flow oscillates between systole and diastole) and determining whether cardiac activity was restored during the chest compression treatment based on the determined one or more portions of the oxygenated blood volume data and the de-oxygenated blood volume data corresponding to the chest compression treatment (see Col. 8 lines 31-55 where the arterial and venous blood volume data is used to determine changes to the CPR over time, where measured values such as ratio of the volume capacity of the arterial and venous vessels is indicative of cardiac activity, and can be used to make a determination as to whether cardiac activity has been restored).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hemodynamic measurement of blood flow of Lampe to include a measure that compares arterial and venous blood volume over time as taught by Freeman as it would provide an additional measurement means for indicating the effectiveness of the applied compressions, to better control the performed CPR.
The modified Lampe device lacks a detailed description of determining one or more portions of the oxygenated blood volume data corresponding to a suspected naturally occurring heartbeat, and determining cardiac activity restoration based on the one or more portions of the oxygenated blood volume data corresponding to the suspected naturally occurring heartbeat.
However, Pickett teaches a similar device for compressing a user, where the determination of hemodynamic changes is based on a diastolic-to-systolic ratio, and the comparison of the peak diastolic amplitude to the peak systolic amplitude is used to measure hemodynamic changes (see Col. 1 line 28 to Col. 2 line 3; namely Col. 1 line 63 and onward), and where measured diastole and systole, their ratios and peaks, relate to a suspected naturally occurring heartbeat that produces them, and determining cardiac activity restoration based on the one or more portions of the oxygenated blood volume data corresponding to the suspected naturally occurring heartbeat (see Col. 1 line 28 to Col. 2 line 3; namely Col. 1 line 63 and onward, where the measured metrics corresponding to systole and diastole are used to monitor changes and improvements to the blood volume thereof. Notably, systole and diastole are measurements of cardiac output, and thus can be used to determine a cardiac activity restoration).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the comparison of arterial and venous blood volume of the modified Lampe device to include a comparison between the peak values of systole and diastole as taught by Pickett, as it would provide an additional means of measuring hemodynamic changes for better synchronization of the compression with the phases of the heart (Pickett; see Col. 1 line 28 to Col. 2 line 3) as commonly used in the art (Pickett; see Col. 2 lines 1-3). It is understood that Lampe monitors a cardiovascular function ([0070]), and would better be able to monitor this in light of additional cardiac and blood volume characteristics as taught by Freeman and Pickett.
Regarding claim 67, the modified Lampe device has an output device configured to provide the generated output indication for a rescuer (Lampe; see [0081] where the estimates are outputted to be displayed on a monitor).
Regarding claim 68, the modified Lampe device has determining whether the cardiac activity was restored comprises: identifying peaks of the oxygenated blood volume data (Pickett; see Col. 1 line 28 to Col. 2 line 3 where systolic peaks are determined); and determining an absence of peaks of the de-oxygenated blood volume data that correspond to the identified peaks of the oxygenated blood volume data (Pickett; see Col. 1 line 28 to Col. 2 line 3 where an absence of a peak of venous will correspond to a peak of arterial blood).
Regarding claim 69, the modified Lampe device has wherein determining one or more portions of the oxygenated blood volume data and the de-oxygenated blood volume data corresponding to the chest compression treatment further comprises: identifying peaks in the oxygenated blood volume data having a corresponding peak in the de-oxygenated blood volume data (Pickett; see Col. 1 line 28 to Col. 2 line 3 where the blood volume data includes peaks of arterial and venous amplitude that are compared to one another, and thus correspond to each other).
Regarding claim 70, the modified Lampe device has wherein determining one or more portions of the oxygenated blood volume data corresponding to a suspected naturally occurring heartbeat further comprises: identifying peaks in the oxygenated blood volume data (Pickett; see Col. 1 line 28 to Col. 2 line 3 where systolic peaks are determined) without a corresponding peak in the de-oxygenated blood volume data (Pickett; see Col. 1 line 28 to Col. 2 line 3 where an absence of a peak of venous will correspond to a peak of arterial blood).
Regarding claim 71, the modified Lampe device has wherein determining one or more portions of the oxygenated blood volume data corresponding to a suspected naturally occurring heartbeat further comprises identifying one or more peaks in the oxygenated blood volume data having a different frequency than one or more peaks in the one or more portions of the oxygenated blood volume data and the de-oxygenated blood volume data corresponding to the chest compression treatment (Freeman; see Col. 8 lines 31-55 where measured values can include rates/ frequencies of the filling of arterial and venous vessels, and changes to blood volume capacity over time, and thus a measured rate of change of the systole and diastole parameters (of Pickett) can be used as part of the determination regarding the presence of a naturally occurring heartbeat).
Regarding claim 72, the modified Lampe device has wherein determining one or more portions of the oxygenated blood volume data and the de-oxygenated blood volume data corresponding to the chest compression treatment further comprises: identifying a peak within a time interval of an applied compression of the chest compression treatment (Freeman; see Col. 8 lines 31-55 where measured arterial and venous volume changes can be measured over a time interval, such that the determined ratio within that time interval is a peak value).
Regarding claim 73, the modified Lampe device has wherein the at least one sensor comprises a blood flow sensor (Freeman; see Col. 3 lines 16-33, where the ratio between arterial and venous blood is measured by volume per time, which is a measure of flow, and thus the modified device has a sensor that measures blood flow).
Regarding claim 74, the modified Lampe device has wherein the at least one sensor is configured to identify oxygenated blood data and deoxygenated blood data (Freeman; see Col. 8 lines 31-55 where the measured value is the arterial and venous blood volume, which is oxygenated and deoxygenated blood data respectively).
Regarding claim 77, the modified Lampe device has wherein the system is configured to be coupled to a mechanical chest compression device connected to the patient (Lampe; see chest compressor mechanism 206 in Fig. 2).
Regarding claim 78, the modified Lampe device has wherein the operations comprise: receiving the blood flow data from the at least one sensor (Freeman; see Col. 3 lines 16-33, where the ratio between arterial and venous blood is measured by volume per time, which is a measure of flow), based on the blood flow data, generating arterial blood flow data and venous blood flow data (Freeman; see Col. 8 lines 31-55 where the arterial and venous blood volume over time provides both arterial and venous blood flow data).
Regarding claim 79, the modified Lampe device has wherein the operations comprise: determining at least one prominent peak among the generated arterial blood flow data for a compression cycle of the chest compression treatment and at least one prominent peak among the generated venous blood flow data for the compression cycle of the chest compression treatment (Pickett; see Col. 1 line 28 to Col. 2 line 3 where there are systolic and diastolic peaks, and any subset of them (including all of them) can be picked out as “prominent peaks”), and providing an estimation of chest compression effectiveness base on the determined at least one prominent peak among the generated arterial blood flow data and the determined at least one prominent peak among the generated venous blood flow data (Pickett; see Col. 1 line 28 to Col. 2 line 3 where the hemodynamic changes that correspond to chest compression effectiveness are based on comparisons between the systolic and diastolic peaks, which are considered to be “prominent peaks” when used in the calculation).
Regarding claim 80, the modified Lampe device has wherein the output indication comprises feedback for the rescuer of chest compression effectiveness displayed on a screen of a medical device (Lampe; see [0081] where the monitor 718 displays the output to be seen by a rescuer).
Claim 75 is rejected under 35 U.S.C. 103 as being unpatentable over Lampe in view of Freeman and Pickett as applied to claim 66 above, and further in view of Such.
Regarding claim 75, the modified Lampe device has the system for managing chest compression treatment.
The modified Lampe device lacks a detailed description of a 750 nm light-emitting diode (LED) for a venous target having a first absorbance is dominated by de-oxy hemoglobin; and a 850 nm LED for a 850 nm an arterial target having a second absorbance that is dominated by oxy- hemoglobin.
However, Such teaches a similar device for measurement health parameters of a user, where a pulse oximeter includes LEDs which operate at 750 nm for measuring deoxygenated hemoglobin and 850 nm for measuring oxygenated hemoglobin (see [0006]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blood data gathered by the modified Lampe device to include oxygenated and deoxygenated blood data from a pulse oximeter operating at 750 nm and 850 nm as taught by Such as it provides an additional parameter for measuring the efficacy of CPR, for better accuracy of the system.
Claims 76 is rejected under 35 U.S.C. 103 as being unpatentable over Lampe in view of Freeman and Pickett and Such as applied to claim 75 above, and further in view of Brown.
Regarding claim 76, the modified Lampe device has the first absorbance and the second absorbance.
The modified Lampe device lacks a detailed description of wherein the first absorbance and the second absorbance are measured using a computer-controlled spectrometer coupled to a fiber optic cable and collimating lens, the LEDs and fiber optic collimating lens are affixed to the patient at a set distance from one another..
However, Brown teaches a similar device for measuring parameters of a user, where a spectrometer controlled by a computer is coupled to a fiber optic and has a collimating lens (see Col. 19 line 27 to Col. 20 line 4), which is used as part of a system for measuring blood flow or blood oxygenation (Col. 23 lines 14-31 and Col. 25 lines 53-60). It is understood that the collimating lens is placed in a fixed position relative the patient, and the LEDs and collimating lens have some set distance from one another.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blood data measuring system of the modified Lampe device to include a spectrometer for measuring blood parameters as taught by Brown, as it would be a simple substitution of one type of measuring sensor for measuring blood parameters for another, to yield the predicable result of still providing data on blood flow of the user.
Claim 81 is rejected under 35 U.S.C. 103 as being unpatentable over Lampe in view of Freeman in view of Pickett as applied to claim 66 above, and further in view of Giarracco.
Regrading claim 81, the modified Lampe device has an automated chest compression device configured to be mechanically coupled to the patient (Lampe; see chest compressor mechanism 206 in Fig. 2), and determining if cardiac activity was restored during the chest compression treatment (Lampe; see [0070]).
The modified Lampe device lacks a detailed description of in response to the determination that cardiac activity was restored during the chest compression treatment, pausing chest compressions from the automated mechanical chest compression device.
However, Giarracco teaches a device for monitoring the efficacy of a CPR regimen, where the system can process and deliver a feedback recommendation to stop all compression upon detection of a return to spontaneous circulation (ROSC)(see [0050]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the monitoring and control system of the modified Lampe device to pause chest compressions upon determining an ROSC as taught by Giarracco, as it would stop the system once it is determined that it no longer needs to be operational, helping prevent possible harm from continued use.
Conclusion
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/MATTHEW D ZIEGLER/Examiner, Art Unit 3785
/RACHEL T SIPPEL/Primary Examiner, Art Unit 3785
