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 .
Status of the Application
Claims 1-20 have been examined in this application. This communication is the first action on merits. The Information Disclosure Statement (IDS) filed on 10/10/2024 has been acknowledged by the Office.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9, 16, and 19-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 9, 16 and 19 contains the trademark/trade name Bluetooth®. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a short-range wireless technology and, accordingly, the identification/description is indefinite.
Claim 20 is also rejected under 35 U.S.C 112(b) or 35 U.S.C 112 (pre-AIA ), second paragraph, as being dependent upon a rejected base claim (claim 19).
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 (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 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.
Claim(s) 1, 4, 5 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Heil et al., hereinafter 'Heil' (EP 2784709 A2) in view of Theurer et al., hereinafter 'Theurer' (US 20160029160 A1).
In regards to Claim 1, Heil teaches: A system (310 - Fig. 7) comprising: a patient support apparatus (320 - Fig. 7) comprising: a base (44 - Fig. 1 and Fig. 2); a patient support assembly (40- Fig. 1) connected to the base (40 shown to be connected to the base 48); a patient support communication device mounted to one of the base and the patient support assembly (66 - Fig. 3), the patient support communication device comprising: a processor (70 - Fig. 3); a first wireless communication interface (78 - Fig. 3) operatively connected to the processor (Para 0054: "The control system 66 further includes communication circuitry 74 that is operable to communicate with the network 86. Additional communications circuitry 76 facilitates wireless communication with the mobile computing device 14. The control system further includes a user interface 78 that includes a display 88 and a plurality of user inputs 90. In some embodiments, the user interface 78 may include a touch screen 92 which is shown in phantom in Fig. 3 to indicate that the display 88 and user inputs 90 may be part of the touch screen 92.") and being configured to transmit and receive a first type of wireless signal to connect the patient support apparatus to a communication network (Para 0054) and a second wireless communication interface (14 - Fig. 3, Para 0055: "The control system 66 further includes communication circuitry 74 that is operable to communicate with the network 86. Additional communications circuitry 76 facilitates wireless communication with the mobile computing device 14.") operatively connected to the processor and being configured to transmit and receive a second type of wireless signal (Para 0055-0057: "The mobile computing device 14 includes operations circuitry 94 and communications circuitry 96. It should be understood that in some embodiments, the communications circuitry 96 may include a first portion that is operable to communicate via a first wireless protocol and a second portion operable to communicate via a second wireless protocol. Wireless protocols that may be used include Bluetooth®, IEEE 802.11n (Wi-Fi), IEEE 802.16e (WiMAX), mobile communications technologies such as 3G or 4G technology, or other wireless. In still other embodiments, the communications circuitry 96 may include circuitry that allows the mobile computing device 14 to communicate via a hardwired connection using an IEEE 802.3 connection, an RS-232 compliant connection, an RS-483 compliant connection, or other protocols known in the art."), the second type of wireless signal having a shorter range than the first type of wireless signal (Para 0061: "Pairing of the tablet computer 24 and patient support system 12 in the illustrative embodiment is accomplished in a manner similar to that used when pairing Bluetooth® devices or establishing a Wi-Fi connection. Typically, the tablet computer will recognize a new patient support system 12 within the range of communication of the tablet computer 24. Upon detection of the signal from the new patient support system 12, the tablet computer 24 will prompt the user to accept pairing with the particular patient support system 12. In the illustrative embodiment, only one patient support system 12 may be actively paired with a particular mobile computing device 14, such as the tablet computer 24."); and a wireless node (22 - Fig. 3) [[comprising: a processor; and a third wireless communication interface operatively connected to the processor,]] the third wireless communication interface being configured to transmit and receive the second type of wireless signal to the patient support communication device ("In the illustrative embodiment, the beacon 22 and mobile computing device 14 each include Bluetooth® technology such that the wireless communication link 20 is a Bluetooth® connection.").
Heil does not explicitly teach: comprising: a processor; and a third wireless communication interface operatively connected to the processor,
Theurer teaches: comprising: a processor (Para 0102: "gyroscope processor'); and a third wireless communication interface operatively connected to the processor (see Claim 14 from Theurer, noting "and at least one hardware processor configured to activate the wireless transmitter based on the wireless receiver having received the at least one wireless message."),
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the wireless node of Heil to include a processor and an operatively connected wireless communication interface as taught by Theurer in order to enable controlled wireless communication and signal processing, since Theurer teaches incorporating a processor to manage activation and transmission of wireless messages. The combination merely involves the predictable use of known wireless communication components to improve functionality and would have yielded no more than predictable results. It would have been obvious to one of ordinary skill in the art at the time of the invention to configure the first wireless communication interface of Heil, as modified by Theurer, to comprise a Wi-Fi interface transmitting a Wi-Fi signal as taught by Heimbrock, in order to utilize a well-known wireless networking protocol for communication. The substitution of one known wireless protocol for another represents a predictable use of prior art elements according to their established functions.
In regards to Claim 4, Heil in view of Theurer teaches: The system of claim 1, Theurer further teaches: wherein the wireless node is configured to transmit, via the third communication interface, a location indication signal to the patient support communication device (Para 0033: "A beacon packet includes information received from the beacon message such as a unique identifier of the source beacon tag and a spatial location of the source beacon tag. The beacon badge also includes, in the beacon packet, a timestamp identifying when the beacon message was received by the beacon badge and a received signal strength indication (RSSI) value (e.g., a power ratio in decibels of the measured power to one milli-watt (dBm))." and Para 0092: "In the illustrated example, the beacon messages 406a -409a include identification information for the source beacon tag 406-409. For example, the beacon message 406a may include a unique identifier of the beacon tag 406 and location information for the beacon tag 406. In some examples, the location information may be spatial coordinates (e.g., longitude and latitude coordinates) and/or general location identifiers (e.g., operating room #1, patient room 312, infusion pump #8, men's dressing room, aisle number five, women's dressing room, etc.).").
In regards to Claim 5, Heil in view of Theurer teaches: The system of claim 4, Theurer further teaches, wherein the location indication signal comprises a unique identifier of the wireless node (Para 0033: "A beacon packet includes information received from the beacon message such as a unique identifier of the source beacon tag and a spatial location of the source beacon tag. The beacon badge also includes, in the beacon packet, a timestamp identifying when the beacon message was received by the beacon badge and a received signal strength indication (RSSI) value (e.g., a power ratio in decibels of the measured power to one milli-watt (dBm))." and Para 0092: "In the illustrated example, the beacon messages 406a -409a include identification information for the source beacon tag 406-409. For example, the beacon message 406a may include a unique identifier of the beacon tag 406 and location information for the beacon tag 406. In some examples, the location information may be spatial coordinates (e.g., longitude and latitude coordinates) and/or general location identifiers (e.g., operating room #1, patient room 312, infusion pump #8, men's dressing room, aisle number five, women's dressing room, etc.).".
In regards to Claim 11, Heil in view of Theurer teaches: The system of claim 1, Heil further teaches, wherein the wireless node further comprises a visual indicator configured to indicate a connection status of the wireless node ("The mobile computing device is operable to transmit a signal to the server indicative of the beacon and a control command indicative of a desired change in state of the patient support system. The server processes the signal and transmits the control command to the patient support system through the electrical connection.").
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Heil et al., hereinafter 'Heil' (EP 2784709 A2) in view of 'Theurer' (US 20160029160 A1) in view of Heimbrock et al., hereinafter 'Heimbrock' (US 20060058587 A1).
In regards to Claim 3, Heil in view of Theurer teaches: The system of claim 1, but Heil nor Theurer do not explicitly teach, wherein the first wireless communication interface comprises a Wi-Fi interface and wherein the first type of wireless signal comprises a Wi-Fi signal.
Heimbrock teaches: wherein the first wireless communication interface comprises a Wi-Fi interface (110 - Fig. 3) and wherein the first type of wireless signal comprises a Wi-Fi signal (Para 0017: "For example, the controller 12 may use an RF communication protocol such as Bluetooth, Zigbee, Wireless Fidelity (WiFi), or any other type of RF communication protocol.").
It would have been obvious to one of ordinary skill in the art at the time of the invention to configure the first wireless communication interface of Heil, as modified by Theurer, to comprise a Wi-Fi interface transmitting a Wi-Fi signal as taught by Heimbrock, in order to utilize a well-known wireless networking protocol for communication. The substitution of one known wireless protocol for another represents a predictable use of prior art elements according to their established functions.
Allowable Subject Matter
Claim(s) 2, 6-8, 10, 12-15, and 17-18 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. Furthermore, Claim(s) 9, 16 and 19-20 are rejected to as including the 112(b) rejection indicated above, but would be allowable if rewritten to overcome the 112(b) rejection and further including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
In regards to Claim 2, neither Heil in view of Theurer teaches or suggests a patient support apparatus comprising a control unit operatively connected to a patient support communication device, wherein the control unit is configured both to control functions of the patient support apparatus and to transmit data related to the patient support apparatus to the patient support communication device as specifically claimed. While Heil discloses communication circuitry associated with a control system, it does not disclose or suggest the claimed arrangement in which the control unit controls apparatus functions and transmits apparatus-related data to a separate patient support communication device in the manner recited. Theurer likewise fails to cure this deficiency. The cited art does not disclose or suggest the claimed functional relationship between the control unit and the communication device.
In regards to Claim 6, Heil in view of Theurer fails to teach or suggest that the second wireless communication interface comprises an ultrawideband (UWB) antenna and that the second type of wireless signal comprises a UWB signal. The references disclose wireless communications generally, including Wi-Fi and Bluetooth-type technologies, but do not disclose or suggest use of ultrawideband communication as the specifically recited second wireless interface. Nor is there any teaching or motivation to modify the cited systems to incorporate UWB functionality as claimed.
In regards to Claim 7, The prior art of Heil in view of Theurer does not teach or suggest a wireless node further comprising a nurse call interface configured to connect to a nurse call system as recited. While nurse call systems may generally exist in hospital environments, the cited references do not disclose a wireless node that includes a dedicated nurse call interface configured for connection to such a system in the claimed manner. The structural and functional integration of the nurse call interface within the wireless node is not taught or suggested by the applied references.
In regards to Claim 10, Heil in view of Theurer fails to teach or suggest that the wireless node comprises a Power over Ethernet (PoE) interface configured to both receive electrical power and connect the wireless node to the communication network. The cited references disclose wireless communications and general networking components but do not disclose or suggest a PoE interface that simultaneously supplies electrical power and provides network connectivity as specifically claimed. The dual-function PoE interface is neither expressly taught nor suggested, and no articulated reasoning supports modifying the cited art to include such a feature.
In regards to Claim 12, Bodurka (US 20190183705 A1) fails to teach or suggest the specific coordinated interaction between (1) receiving an electrical connection indication of a patient support apparatus connected to a power input interface, (2) receiving parameters of the patient support apparatus via that power input interface, and (3) transmitting at least one of a first type and a second type of wireless signal to establish a communication link using those parameters, as claimed. Although Bodurka discloses wireless communications and general message exchanges between devices, it does not teach the claimed sequence in which an electrical connection indication triggers parameter acquisition via a power input interface, followed by wireless link establishment using those specific parameters. Further, Bodurka does not disclose the claimed functional dependence between the electrical connection indication and the parameter-based wireless link establishment. The claimed integration of electrical connection detection with parameter driven wireless communication establishment is not taught or suggested. Accordingly, independent Claim 12 is allowable.
In regards to Claim 18, the instant invention recites a method including receiving an electrical connection indication of a patient support apparatus connected to a power input interface of a wireless node, receiving parameters via that power input interface, and transmitting at least one wireless signal to establish a communication link using those parameters, followed by receiving and transmitting a nurse call indication. The attempted to be applied prior art on record fails to teach or suggest this method sequence, particularly the step of receiving an electrical connection indication and using parameters obtained via the power input interface to establish a wireless communication link. The cited references do not disclose or suggest a method in which electrical connection detection at a wireless node initiates parameter acquisition and subsequent wireless link establishment with a patient support apparatus communication device, followed by nurse call transmission to a nurse call system. Accordingly, Claim 18 is allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hayes et al., (US 20130283529 A1) teaches: Patient support apparatuses, such as beds, cots, stretchers, recliners, operating tables, and the like include wireless mesh network transceivers that enable them to communicate with each other, and other devices, via mesh networks and/or ad hoc networks. One or more additional wireless transceivers are included, such as WiFi transceivers, that enable direct communication with a healthcare facility network, such as an Ethernet. The mesh network communication between patient support apparatuses and other devices is used for any one or more of: extending the communication range of the existing IT infrastructure, efficiently routing data to the healthcare facility network, determining location of the patient support apparatuses and devices, transporting patient data from one patient support to the next as the patient moves, and for other aspects.
Hayes (US 20150082542 A1) teaches: A location detection system for person support apparatuses includes multiple network wireless access points that communicate with a plurality of mobile transceivers positioned on board the person support apparatuses. Based upon signal strength data (e.g. RSSI or RCPI) of messages from the access points to the transceivers, the locations of the person support apparatuses are determined. In some embodiments, the person support apparatuses include an additional location detection system that utilizes fixed locators having short range transceivers to generate a second location determination of the person support apparatuses. In still other embodiments, the person support apparatuses utilize the second location detection system to determine the location of the wireless access points. The person support apparatuses may also broadcast their location to other devices that then utilize the received signal strengths of those messages to determine their own location.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON MATTHEWS whose telephone number is (571)272-8473. The examiner can normally be reached M-F 7:30-4:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at (571)-272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MADISON MATTHEWS/Primary Examiner, Art Unit 3673