DETAILED ACTION
America Invents Act
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of papers submitted under 35 USC §371, which papers have been placed of record in the file:
This application, filed 28-October-2024, is a continuation of application 17/361,273, filed 28-June-2021, and subsequently issued as Patent # US 12,131,823 B2.
Application 17/361,273 is a national stage entry of WIPO/PCT application PCT/CN2018/125892, file 29-December-2018.
This application is, therefore, accorded a prima facie effective filing date of 29-December-2018.
Information Disclosure Statement
The following information disclosure statements have been considered by the Examiner and made of record in the application file:
IDS#1, filed 28-October-2024 (16 references): Copies of foreign and NPL references may be found in application 17/361,273 (Parent).
IDS#2, filed 19-November-2024 (1 reference).
Double Patenting
Claims 1-20 are rejected for non-statutory double patenting:
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on non-statutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of non-statutory double patenting as unpatentable over claims 1-19 of Ren, et al. (United States Patent # US 12,131,823 B2), hereinafter Parent.
Current Application
US 12,131,823 B2 (Parent)
Claim 1: A patient status monitoring system, comprising
a monitoring device and
a monitoring module communicatively connected to the monitoring device, wherein the monitoring module is worn on the body of a patient and comprises:
a processor configured to obtain a parameter, and set a working mode of the monitoring module according to the obtained parameter,
wherein the working mode of the monitoring module comprises at least one of a continuous monitoring module and a discontinuous monitoring mode, and
wherein the parameter comprises at least a status parameter of a device.
Claim 1: A method for monitoring patient status, applied to a patient status monitoring system comprising
a monitoring device and
a monitoring module communicatively connected to the monitoring device, the monitoring module being wearable on a body of a patient and comprising a processor, wherein the method comprises:
obtaining, by the processor, a parameter, and setting a working mode of the monitoring module according to the obtained parameter,
wherein the working mode of the monitoring module comprises at least one of a continuous monitoring module or a discontinuous monitoring mode; wherein:
when the monitoring module is in the continuous monitoring mode, the monitoring device is a ward-level monitoring device, and the monitoring module communicates with the ward-level monitoring device; and
when the monitoring module is in the discontinuous monitoring mode, the monitoring device is a department-level monitoring device, and the monitoring module communicates with the department-level monitoring device.
Claim 2: The patient status monitoring system of claim 1,
wherein frequency of the continuous monitoring mode is greater than frequency of the discontinuous monitoring mode,
wherein the frequency comprises measurement frequency of the monitoring module or frequency of data transmission between the monitoring device and the monitoring module, the frequency of the continuous monitoring mode being greater than the frequency of the discontinuous monitoring mode comprises at least one of the following two conditions:
measurement frequency of the monitoring module in the continuous monitoring mode is greater than measurement frequency of the monitoring module in the discontinuous monitoring mode, and
frequency of data transmission in the continuous monitoring mode is greater than frequency of data transmission in the discontinuous monitoring mode.
Claim 2: The method of claim 1, wherein the parameter comprises at least one of a monitored parameter of the patient or a status parameter of a device.
Claim 3: The patient status monitoring system of claim 1,
wherein when the monitoring module is in the continuous monitoring mode, the monitoring device is a ward-level monitoring device, and the monitoring module communicates with the ward-level monitoring device; and
when the monitoring module is in the discontinuous monitoring mode, the monitoring device is a department-level monitoring device, and the monitoring module communicates with the department-level monitoring device.
Claim 3: The method of claim 1,
wherein a frequency of the continuous monitoring mode is greater than a frequency of the discontinuous monitoring mode,
wherein the frequency of the continuous monitoring mode or the frequency of the discontinuous monitoring mode comprises a measurement frequency of the monitoring module or a frequency of data transmission between the monitoring device and the monitoring module, and
wherein a measurement frequency of the monitoring module in the continuous monitoring mode is greater than a measurement frequency of the monitoring module in the discontinuous monitoring mode, or
a frequency of data transmission in the continuous monitoring mode is greater than a frequency of data transmission in the discontinuous monitoring mode.
Claim 4: The patient status monitoring system of claim 1, wherein the setting a working mode of the monitoring module according to the obtained parameter comprises:
obtaining a communication mode between the monitoring device and the monitoring module; and
switching the working mode of the monitoring module between the continuous monitoring mode and the discontinuous monitoring mode according to a change of the communication mode.
Claim 4: The method of claim 1, wherein setting a working mode of the monitoring module according to the obtained parameter comprises:
obtaining a communication mode between the monitoring device and the monitoring module, and
switching the working mode of the monitoring module between the continuous monitoring mode and the discontinuous monitoring mode according to a change of the communication mode.
Claim 5: The patient status monitoring system of claim 4, wherein the communication mode comprises at least one of the following: a wireless medical telemetry service (WMTS) mode, a Bluetooth wireless mode, or a Wi-Fi mode.
Claim 5: The method of claim 2, wherein the parameter comprises the monitored parameter of the patient and the monitored parameter of the patient comprises a physiological parameter; and the monitoring module comprises:
a parameter measurement unit configured to detect the physiological parameter of the patient, wherein obtaining a parameter, and setting a working mode of the monitoring module according to the obtained parameter comprises:
obtaining the physiological parameter of the patient from the parameter measurement unit, wherein the physiological parameter comprises at least one of electrocardiogram (ECG), blood oxygen (SPO2), body temperature (TEMP), or blood pressure (NIBP); determining a condition of the patient according to the physiological parameter, wherein the condition comprises good or critical; and
when the condition is good, setting the working mode of the monitoring module to the discontinuous monitoring mode; or when the condition is critical, setting the working mode of the monitoring module to the continuous monitoring mode.
Claim 6: The patient status monitoring system of claim 5, wherein the setting a working mode of the monitoring module according to the obtained parameter comprises:
when the monitoring device and the monitoring module use the wireless medical telemetry service (WMTS) mode or the Bluetooth wireless mode for communication, the monitoring device is a ward-level monitoring device, and the monitoring module communicates with the ward-level monitoring device; and
when the monitoring device and the monitoring module use the Wi-Fi mode for communication, the monitoring device is a department-level monitoring device, and the monitoring module communicates with the department-level monitoring device.
Claim 6: The method of claim 2, wherein the parameter comprises the monitored parameter of the patient and the monitored parameter of the patient comprises a motion parameter of the patient; and the monitoring module comprises:
a motion sensor configured to detect the motion parameter of the patient, wherein obtaining a parameter, and setting a working mode of the monitoring module according to the obtained parameter comprises:
obtaining the motion parameter of the patient from the motion sensor, and obtaining a duration of a motion signal of the patient according to the motion parameter;
making a value comparison between the duration of the motion signal and a first preset duration, to obtain a comparison result; and
when the comparison result indicates that the duration of the motion signal is greater than or equal to the first preset duration, setting the working mode of the monitoring module to the discontinuous monitoring mode; or
when the comparison result indicates that the duration of the motion signal is less than the first preset duration, setting the working mode of the monitoring module to the continuous monitoring mode.
Claim 7: The patient status monitoring system of claim 1, wherein the parameter comprises the status parameter of the device and the status parameter of the device comprises: communication features of the monitoring device and the monitoring module.
Claim 7: The method of claim 1, wherein the monitoring module comprises a three-axis accelerometer configured to detect a motion parameter of the patient, and the motion parameter is acceleration; the method further comprises:
determining that the patient is in an outdoor upright motion state, which comprises:
determining that a communication mode of the monitoring module is a Wi-Fi mode;
determining, according to the acceleration, that a range of motion of the patient is greater than a first preset range;
determining that an included angle between a direction of the acceleration of the accelerometer and a positive direction of Z-axis is less than a first preset angle, the positive direction of Z-axis being a downward direction perpendicular to a horizontal plane; and
determining that the patient is in the outdoor upright motion state.
Claim 8: The patient status monitoring system of claim 7, wherein to obtain a parameter, and set a working mode of the monitoring module according to the obtained parameter, the processor is configured to:
obtain a communication mode between the monitoring device and the monitoring module, wherein the communication mode comprises a wireless medical telemetry service (WMTS) mode or a Wi-Fi mode; and
set, when the communication mode is the wireless medical telemetry service (WMTS) mode, the working mode of the monitoring module to the continuous monitoring mode; or
set, when the communication mode is the Wi-Fi mode, the working mode of the monitoring module to the discontinuous monitoring mode.
Claim 8: The method of claim 2,
wherein the parameter comprises the status parameter of the device and the status parameter of the device comprises a communication mode,
wherein the communication mode comprises a wireless medical telemetry service (WMTS) mode or a Wi-Fi mode,
wherein obtaining a parameter from the monitoring device or the monitoring module, and
setting a working mode of the monitoring module according to the obtained parameter comprises:
obtaining a communication mode between the monitoring device and the monitoring module from the monitoring device or the monitoring module, and, when the communication mode is the wireless medical telemetry service (WMTS) mode, setting the working mode of the monitoring module to the continuous monitoring mode; or
when the communication mode is the Wi-Fi mode, setting the working mode of the monitoring module to the discontinuous monitoring mode.
Claim 9: The patient status monitoring system of claim 7, wherein to obtain a parameter, and set a working mode of the monitoring module according to the obtained parameter, the processor is configured to:
obtain communication signal strength or a packet loss rate between the monitoring device and the monitoring module;
determine a distance between the monitoring device and the monitoring module according to the communication signal strength and the packet loss rate; and
set, when the communication signal strength is greater than a first signal threshold and the packet loss rate is less than a first preset threshold, the working mode of the monitoring module to the continuous monitoring mode; or
set, when the communication signal strength is less than the first signal threshold and the packet loss rate is greater than the first preset threshold, the working mode of the monitoring module to the discontinuous monitoring mode.
Claim 9: The method of claim 2, wherein the parameter comprises the status parameter of the device and the status parameter of the device comprises:
communication features of the monitoring device and the monitoring module,
wherein the communication features comprise communication signal strength and a packet loss rate,
wherein obtaining a parameter from the monitoring device or the monitoring module, and
setting a working mode of the monitoring module according to the obtained parameter comprises:
obtaining communication signal strength and a packet loss rate between the monitoring device and the monitoring module; and
when the communication signal strength is greater than a first signal threshold and the packet loss rate is less than a first preset threshold, setting the working mode of the monitoring module to the continuous monitoring mode; or
when the communication signal strength is less than a first signal threshold and the packet loss rate is greater than a first preset threshold, setting the working mode of the monitoring module to the discontinuous monitoring mode.
Claim 10: The patient status monitoring system of claim 1, wherein the processor is further configured to obtain signal strength of the monitoring module, and determine a communication mode of the monitoring module according to the signal strength.
Claim 10: The method of claim 2, wherein the parameter comprises the status parameter of the device and the system comprises a storage unit configured to store physiological data of the patient that is obtained within a preset time period; and the status parameter of the device comprises a total capacity of storage space of the system, wherein obtaining a parameter from the monitoring device or the monitoring module, and setting a working mode of the monitoring module according to the obtained parameter comprises:
obtaining a total capacity of storage space of the monitoring device or the monitoring module from the monitoring device or the monitoring module;
determining a first continuous mode working time and a first discontinuous mode working time that are supported by the total capacity of storage space, a sum of an amount of data obtained during the first continuous mode working time and an amount of data obtained during the first discontinuous mode working time being equal to the total capacity of storage space;
obtaining a continuous mode working time T1 that has been supported by the total capacity of storage space, and wherein:
when T1 is greater than or equal to the first continuous mode working time, setting the working mode of the monitoring module to the discontinuous monitoring mode; or
when T1 is less than the first continuous mode working time setting the working mode of the monitoring module to the continuous monitoring mode.
Claim 11: The patient status monitoring system of claim 10, wherein to obtain signal strength of the monitoring module, and determine a communication mode of the monitoring module according to the signal strength, the processor is configured to:
obtain the signal strength of the monitoring module, wherein the signal strength comprises a wireless medical telemetry service (WMTS) signal strength and Wi-Fi signal strength; and
determine, when the WMTS signal strength is greater than or equal to a first preset threshold, that the communication mode of the monitoring module is a WMTS mode; or determine, when the WMTS signal strength is less than the first preset threshold, that the communication mode of the monitoring module is a Wi-Fi mode.
Claim 11: The method of claim 2, wherein the parameter comprises the status parameter of the device and the monitoring device or the monitoring module comprises a power supply unit, and the status parameter of the device comprises a total available electric quantity of the monitoring device or the monitoring module, wherein obtaining a parameter from the monitoring device or the monitoring module, and setting a working mode of the monitoring module according to the obtained parameter comprises:
obtaining a total available electric quantity of the monitoring device or the monitoring module from the monitoring device or the monitoring module;
determining a second continuous mode working time and a second discontinuous mode working time that are supported by the total available electric quantity, a sum of an electric quantity consumed during the second continuous mode working time and an electric quantity consumed during the second discontinuous mode working time being equal to the total available electric quantity;
obtaining a continuous mode working time T2 that has been supported by the total available electric quantity, and wherein:
when T2 is not less than the second continuous mode working time, setting the working mode of the monitoring module to the discontinuous monitoring mode; or
when T2 is less than the second continuous mode working time, determining whether the working mode of the monitoring module is a continuous monitoring mode, and if the working mode of the monitoring module is not the continuous monitoring mode, switching the working mode of the monitoring module to continuous monitoring mode.
Claim 12: The patient status monitoring system of claim 11, wherein the processor is further configured to:
when it is determined that the communication mode of the monitoring module is the WMTS mode, obtain a first packet loss rate of the monitoring module and determine whether the first packet loss rate is less than a second preset threshold, and determine the communication mode of the monitoring module according to a determination result.
Claim 12: The method of claim 1, further comprising:
obtaining a monitored parameter of the patient;
determining a parameter category to which the monitored parameter of the patient belongs, wherein the parameter category comprises a continuous measurement parameter type and a discontinuous measurement parameter type; and
determining the working mode of the monitoring module according to the parameter category.
Claim 13: The patient status monitoring system of claim 12, wherein to determine the communication mode of the monitoring module according to a determination result, the processor is further configured to:
when the first packet loss rate is less than the second preset threshold, maintain the WMTS mode; or
when the first packet loss rate is greater than or equal to the second preset threshold, switch the communication mode of the monitoring module to the Wi-Fi mode.
Claim 13: The method of claim 12, wherein
the continuous measurement parameter type comprises an electrocardiogram (ECG), a blood pressure (NIBP), or a motion signal;
the discontinuous measurement parameter type comprises respiration (RESP), blood oxygen (SPO2), or body temperature (TEMP); and
setting a working mode of the monitoring module according to the obtained parameter comprises:
when it is determined that the monitored parameter of the patient belongs to the continuous measurement parameter type, setting the working mode of the monitoring module to the continuous monitoring mode; or
when it is determined that the monitored parameter of the patient belongs to the discontinuous measurement parameter type, setting the working mode of the monitoring module to the discontinuous monitoring mode.
Claim 14: The patient status monitoring system of claim 1, wherein after being configured to obtain a parameter, and set a working mode of the monitoring module according to the obtained parameter, the processor is further configured to set a communication mode of the monitoring module according to the working mode of the monitoring module.
Claim 14: The method of claim 1, wherein the method further comprises:
obtaining signal strength of the monitoring module, wherein the signal strength comprises wireless medical telemetry service (WMTS) signal strength and Wi-Fi signal strength; and detecting whether the WMTS signal strength is greater than a first preset threshold of signal strength, and wherein:
when the WMTS signal strength is greater than the first preset threshold of signal strength, determining that a wireless communication mode of the monitoring module is a WMTS mode; or
when the WMTS signal strength is not greater than the first preset threshold of signal strength, detecting whether the Wi-Fi signal strength is greater than a second preset threshold of signal strength, and if the Wi-Fi signal strength is greater than the second preset threshold of signal strength, determining that the wireless communication mode of the monitoring module is a Wi-Fi mode.
Claim 15: The patient status monitoring system of claim 14, wherein to set a communication mode of the monitoring module according to the working mode of the monitoring module, the processing is further configured to:
set, when the working mode of the monitoring module is the discontinuous monitoring mode, the communication mode of the monitoring module to a Wi-Fi mode; or
set, when the working mode of the monitoring module is the continuous monitoring mode, the communication mode of the monitoring module to a wireless medical telemetry service (WMTS) mode.
Claim 15: The method of claim 14, wherein, after it is determined that the wireless communication mode of the monitoring module is the WMTS mode, the method further comprises: obtaining a first packet loss rate of the monitoring module and determining whether the first packet loss rate is less than a second preset threshold of packet loss rate, and wherein:
when the first packet loss rate is less than the second preset threshold of packet loss rate, maintaining the WMTS mode; or
when the first packet loss rate is greater than or equal to the second preset threshold of packet loss rate, switching the wireless communication mode of the monitoring module to the Wi-Fi mode.
Claim 16: The system of claim 1, wherein the monitoring module comprises a first monitoring submodule and a second monitoring submodule, and the continuous monitoring mode comprises:
continuously obtaining, by the first monitoring submodule, a first type of physical parameter in real time, wherein the first type of physical parameter comprises an electrocardiogram (ECG), respiration (RESP), blood oxygen (SPO2), or body temperature (TEMP);
continuously obtaining, by the second monitoring submodule, a second type of physical parameter in real time, wherein the second type of physical parameter comprises blood pressure (NIBP) or a motion signal;
sending, by the second monitoring submodule, the second type of physical parameter to the first monitoring submodule in real time; and
continuously sending, by the first monitoring submodule, the first type of physical parameter and the second type of physical parameter to the monitoring device in real time.
Claim 16: The method of claim 1, wherein, after the obtaining a parameter, and setting a working mode of the monitoring module according to the obtained parameter, the method further comprises:
when the working mode of the monitoring module is the discontinuous monitoring mode, setting a communication mode of the monitoring module to a Wi-Fi mode; or
when the working mode of the monitoring module is the continuous monitoring mode, setting a communication mode of the monitoring module to a wireless medical telemetry service (WMTS) mode.
Claim 17: The system of claim 1, wherein the monitoring module comprises a third monitoring submodule and a fourth monitoring submodule, and the discontinuous monitoring mode comprises:
continuously obtaining, by the first monitoring module, a third type of physical parameter in real time, and simultaneously obtaining a fourth type of physical parameter at preset frequency, wherein the third type of physical parameter comprises the electrocardiogram (ECG), the fourth type of physical parameter comprises the respiration (RESP), the blood oxygen (SPO2), or the body temperature (TEMP), and the preset frequency is greater than or equal to zero;
continuously obtaining, by the fourth monitoring module, a fifth type of physical parameter in real time, wherein the fifth type of physical parameter comprises the blood pressure (NIBP) or the motion signal;
sending, by the fourth monitoring module, the fifth type of physical parameter to the first monitoring submodule in real time; and sending, by the first monitoring submodule, physical parameters consisting of the third type of physical parameter, the fourth type of physical parameter, and the fifth type of physical parameter to the monitoring device in real time.
Claim 17: The method of claim 1, wherein the monitoring module comprises a first monitoring sub-module and a second monitoring sub-module, and when the working mode of monitoring module is the continuous monitoring mode, the method further comprises:
continuously obtaining, by the first monitoring sub-module, a first type of physical parameter in real time, wherein the first type of body parameter comprises electrocardiogram (ECG), respiration (RESP), blood oxygen (SPO2), or body temperature (TEMP);
continuously obtaining, by the second monitoring sub-module, a second type of body parameter in real time, wherein the second type of body parameter comprises a blood pressure (NIBP) or a motion signal;
sending, by the second monitoring sub-module, the second type of body parameter to the first monitoring sub-module in real time; and
continuously sending, by the first monitoring submodule, the first type of body parameter and the second type of body parameter to the monitoring device in real time.
Claim 18: A patient status monitoring method, performed by a patient status monitoring system comprising a monitoring device and a monitoring module communicatively connected to the monitoring device, the monitoring module being worn on the body of a patient and comprises a processor, wherein the method comprises:
obtaining, by the processor, a parameter; and
setting a working mode of the monitoring module according to the obtained parameter,
wherein the working mode of the monitoring module comprises at least one of a continuous monitoring module and a discontinuous monitoring mode, and wherein the parameter comprises at least a status parameter of a device.
Claim 18: The method of claim 1, wherein the monitoring module comprises a third monitoring submodule and a fourth monitoring submodule, and when the working mode of monitoring module is the continuous monitoring mode, the method further comprises:
continuously obtaining, by the third monitoring sub-module, a third type of body parameter in real time, and simultaneously obtaining a fourth type of body parameter at a preset frequency, wherein the third type of body parameter comprises electrocardiogram (ECG), the fourth type of body parameter comprises respiration (RESP), blood oxygen (SPO2), or body temperature (TEMP), and a preset frequency is greater than zero;
continuously obtaining, by the fourth monitoring sub-module, a fifth type of body parameter in real time, wherein the fifth type of body parameter comprises a blood pressure (NIBP) or a motion signal;
sending, by the fourth monitoring sub-module, the fifth type of body parameter to the third monitoring sub-module in real time; and sending, by the third monitoring sub-module, the third type of body parameter, the fourth type of body parameter, and the fifth type of body parameter to the monitoring device in real time.
Claim 19: The patient status monitoring method of claim 18, wherein the setting a working mode of the monitoring module according to the obtained parameter comprises:
obtaining a communication mode between the monitoring device and the monitoring module, and
switching the working mode of the monitoring module between the continuous monitoring mode and the discontinuous monitoring mode according to a change of the communication mode.
Claim 19: A patient status monitoring system, comprising:
a monitoring device; and
a monitoring module communicatively connected to the monitoring device, wherein the monitoring module is worn on the body of a patient and comprises:
a processor configured to obtain a parameter, and set a working mode of the monitoring module according to the obtained parameter,
wherein the working mode of the monitoring module comprises at least one of a continuous monitoring module or a discontinuous monitoring mode;
wherein:
when the monitoring module is in the continuous monitoring mode, the monitoring device is a ward-level monitoring device, and the monitoring module communicates with the ward-level monitoring device; and
when the monitoring module is in the discontinuous monitoring mode, the monitoring device is a department-level monitoring device, and the monitoring module communicates with the department-level monitoring device.
Claim 20: The patient status monitoring method of claim 18, wherein the setting a working mode of the monitoring module according to the obtained parameter comprises:
obtaining communication signal strength and a packet loss rate between the monitoring device and the monitoring module; and
setting, when the communication signal strength is greater than a first signal threshold and the packet loss rate is less than a first preset threshold, the working mode of the monitoring module to the continuous monitoring mode; or
setting, when the communication signal strength is less than the first signal threshold and the packet loss rate is greater than the first preset threshold, the working mode of the monitoring module to the discontinuous monitoring mode.
Claim 20: The method of claim 4, wherein the communication mode comprises at least one of a wireless medical telemetry service (WMTS) mode, a Bluetooth wireless mode, or a Wi-Fi mode.
Although the claims at issue are not identical, they are not patentably distinct from each other because:
Consider independent claim 1: Parent, claims 1, 2 and 19, recite or suggest all of the limitations of independent claim 1.
Consider claim 2 and as applied to claim 1: The additional limitations of this claim are taught or suggested by Parent claims 1, 3 and 19.
Consider claim 3 and as applied to claim 1: The additional limitations of this claim are taught or suggested by Parent claims 1 and 19.
Consider claim 4 and as applied to claim 1: The additional limitations of this claim are taught or suggested by Parent claim 4, and as applied to Parent claims 1 and 19.
Consider claim 5 and as applied to claim 4: The additional limitations of this claim are taught or suggested by Parent claims 1, 19 and 20.
Consider claim 6 and as applied to claim 5: The additional limitations of this claim are taught or suggested by Parent claims 1, 19 and 20.
Consider claim 7 and as applied to claim 1: The additional limitations of this claim are taught or suggested by Parent claim 8 and as applied to Parent claims 1, 2, 19 and 20.
Consider claim 8 and as applied to claim 7: The additional limitations of this claim are taught or suggested by Parent claim 8 and as applied to Parent claims 1, 2, 19 and 20.
Consider claim 9 and as applied to claim 7: The additional limitations of this claim are taught or suggested by Parent claim 9 and as applied to Parent claims 1, 2, 19 and 20.
Consider claim 10 and as applied to claim 1: The additional limitations of this claim are taught by Parent claim 9 and/or 14 and as applied to Parent claims 1, 2, 19 and 20.
Consider claim 11 and as applied to claim 10: The additional limitations of this claim are taught or suggested by Parent claim 14 and as applied to Parent claims 1, 19 and 20.
Consider claim 12 and as applied to claim 11: The additional limitations of this claim are taught or suggested by Parent claim 15 and as applied to Parent claims 1, 14, 19 and 20.
Consider claim 13 and as applied to claim 12: The additional limitations of this claim are taught or suggested by Parent claim 15 and as applied to Parent claims 1, 14, 19 and 20.
Consider claim 14 and as applied to claim 1: The additional limitations of this claim are taught or suggested by Parent claim 16 and as applied to Parent claims 1, 14, 19 and 20.
Consider claim 15 and as applied to claim 14: The additional limitations of this claim are taught or suggested by Parent claim 16 and as applied to Parent claims 1, 14, 19 and 20.
Consider claim 16 and as applied to claim 1: The additional limitations of this claim are taught or suggested by Parent claim 17 and as applied to Parent claims 1, 19 and 20.
Consider claim 17 and as applied to claim 1: The additional limitations of this claim are taught or suggested by Parent claim 18 and as applied to Parent claims 1, 19 and 20.
Consider independent claim 18: Parent, claims 1 and 19, recite or suggest all of the limitations of independent claim 18.
Consider claim 19 and as applied to claim 18: The additional limitations of this claim are taught or suggested by Parent claim 4 and as applied to Parent claims 1 and 19.
Consider claim 20 and as applied to claim 18: The additional limitations of this claim are taught or suggested by Parent claim 9 and as applied to Parent claims 1 and 19.
Claim Rejections - 35 USC §112
The following is a quotation of 35 USC §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.
Claims 3, 6 and 17 are rejected under 35 USC §112(b) as indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claims 3 and 6 recite “a ward-level monitoring device” and “a department-level monitoring device”, and for which there is no clear description or definition of each in the specification or claims. The characteristics which define these devices is unclear, and in particular, the metes and bounds separating one from the other, is unclear rendering these claims indefinite.
Claim 17 describes operation of the discontinuous mode [line 3-4] with respect to a third, fourth and fifth type of physical parameter, but where the third, fourth and fifth parameters are all obtained continuously in real time [line 4-12], and further that the third fourth and fifth parameter data are communicated in real time [line 13-17]. The distinction between continuous operating mode and discontinuous operating mode is unclear, rendering the claim indefinite.
Claim Rejections - 35 USC §103
The following is a quotation of 35 USC §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 USC §102 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 USC §102(b)(2)(C) for any potential 35 USC §102(a)(2) prior art against the later invention.
Claims 1, 2, 7 and 18 are rejected under 35 USC §103 as unpatentable over Gilham, et al. (United States Patent Application Publication # US 2010/0298718 A1), hereinafter Gilham, in view of Usui, et al. (United States Patent Application Publication # US 2019/0357842 A1, hereinafter Usui.
Consider claim 1: A patient status monitoring system, Gilham discloses a multiple mode portable patient monitoring system [Title; Abstract; Fig 1A-1B, 2A-2C; Para. 0002, 0034-0036], comprising
a monitoring device and a monitoring module communicatively connected to the monitoring device, wherein the patient status monitoring system (105) comprises a processor and may communicate with a remote system (110) [Fig. 1A-1B; Para. 0084-0085];
wherein the monitoring module is worn on the body of a patient, wherein the patient status monitoring system is configured as a portable unit, and may comprise various sensor elements (blood pressure, temperature, which attach to a patient’s body and are coupled with and/or communicate with the portable unit [Fig. 2A, 2B; Para. 0093-0099]; and comprises:
a processor configured to obtain a parameter, the patient monitor unit comprising a processor and GUI interface [Para. 0036, 0056, 0101], and set a working mode of the monitoring module according to the obtained parameter, wherein the user may select an operating mode [Para. 0101];
wherein the working mode of the monitoring module comprises at least one of a continuous monitoring module and a discontinuous monitoring mode, where the operating mode may be a spot-check (one-time) or continuous mode [Para 0101-0102] and in embodiments additional operating modes are available (single, stat, auto and protocol) [Para. 0049, 0054]; and
wherein the parameter comprises at least a status parameter of a device; wherein the user may enter a mode selection (device parameter) using the GUI [Para. 0101] and in embodiments device settings may be adjusted based on monitor physical location (device parameter) [Para. 0081].
Gilham discloses the patient status monitor system configured as a single unit with connected sensors that may attach to the patient’s body, and not specifically as a separate monitor module attached to the patient and communicatively coupled to a separate monitoring device. This is an obvious variant, and which is also known in prior art, for example:
Usui discloses an information processing apparatus for monitoring a person’s blood pressure [Title; Abstract, Fig. 1-2; Para. 0002, 0008-0009] wherein the monitoring apparatus (3) (monitoring module) is attached to the person [Para. 0036-0037, 0039] and which communicates with a portable terminal (5) such as a smartphone (monitoring device), either through a network (2) or directly (such as by Bluetooth protocol), and also a personal computer (4), administrative terminal (6) and server (7) [Para. 0040-0042].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention, to configure a patient status monitor as a first portion, attached to the patient, for measuring various health parameters, and in communication with a processing device, such as a smart phone, as taught by Usui and applied to a portable patient monitoring system as taught by Gilham, where a separate device may be more conveniently viewed and operated, and where smart phone usage is ubiquitous, and already has a processor, touchscreen interface and network connectivity.
Consider claim 2 and as applied to claim 1: The patient status monitoring system of claim 1,
wherein frequency of the continuous monitoring mode is greater than frequency of the discontinuous monitoring mode,
wherein the frequency comprises measurement frequency of the monitoring module or frequency of data transmission between the monitoring device and the monitoring module, the frequency of the continuous monitoring mode being greater than the frequency of the discontinuous monitoring mode comprises at least one of the following two conditions:
measurement frequency of the monitoring module in the continuous monitoring mode is greater than measurement frequency of the monitoring module in the discontinuous monitoring mode, and
frequency of data transmission in the continuous monitoring mode is greater than frequency of data transmission in the discontinuous monitoring mode.
Gilham discloses an embodiment in which alternative “spot-check” and “continuous” modes may be selected, wherein a spot-check makes a single measurement based on specific user initiation [Para. 0063] and data is also uploaded once on user initiation [Para. 0086], and continuous makes continuous (high frequency) measurements [Para. 0059] and pushes data transmission at 15 second intervals [Para. 0087]. Gilham also discloses embodiments using “single”, “stat”, “auto” and “protocol” modes, where single makes one measurement, stat makes rapid (high frequency) measurements for a predetermined time, and auto makes measurements with a (lower frequency) predetermined interval [Para. 0049-0054].
Consider claim 7 and as applied to claim 1: The patient status monitoring system of claim 1, wherein the parameter comprises the status parameter of the device and the status parameter of the device comprises: communication features of the monitoring device and the monitoring module. Gilham discloses use of may use a GUI (touchscreen) to select spot-check or continuous modes (or alternatively “single”, “stat”, “auto” and “protocol” modes), and where a selected mode may also determine frequency and manner of data transmission [Para. 0049-0054, 0059, 0063, 0087]. See also the analysis for claim 2.
Consider claim 18: A patient status monitoring method, performed by a patient status monitoring system. Gilham discloses a multiple mode portable patient monitoring system and methods of operation [Title; Abstract; Fig 1A-1B, 2A-2C; Para. 0002, 0034-0036], comprising a monitoring device and a monitoring module communicatively connected to the monitoring device, wherein the patient status monitoring system (105) comprises a processor and may communicate with a remote system (110) [Fig. 1A-1B; Para. 0084-0085];
the monitoring module being worn on the body of a patient and comprises a processor, wherein the method comprises:
obtaining, by the processor, a parameter; the patient monitor unit comprising a processor and GUI interface to obtain user input and selections [Para. 0036, 0056, 0101], and
setting a working mode of the monitoring module according to the obtained parameter, wherein the user may select an operating mode [Para. 0101];
wherein the working mode of the monitoring module comprises at least one of a continuous monitoring module and a discontinuous monitoring mode, where the operating mode may be a spot-check (one-time) or continuous mode [Para 0101-0102] and in embodiments additional operating modes are available (single, stat, auto and protocol) [Para. 0049, 0054]; and
wherein the parameter comprises at least a status parameter of a device; wherein the user may enter a mode selection (device parameter) using the GUI [Para. 0101] and in embodiments device settings may be adjusted based on monitor physical location (device parameter) [Para. 0081].
Gilham discloses the patient status monitor system configured as a single unit with connected sensors that may attach to the patient’s body, and not specifically as a separate monitor module attached to the patient and communicatively coupled to a separate monitoring device. This is an obvious variant, and which is also known in prior art, for example:
Usui discloses an information processing apparatus for monitoring a person’s blood pressure [Title; Abstract, Fig. 1-2; Para. 0002, 0008-0009] wherein the monitoring apparatus (3) (monitoring module) is attached to the person [Para. 0036-0037, 0039] and which communicates with a portable terminal (5) such as a smartphone (monitoring device), either through a network (2) or directly (such as by Bluetooth protocol), and also a personal computer (4), administrative terminal (6) and server (7) [Para. 0040-0042].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention, to configure a patient status monitor as a first portion, attached to the patient, for measuring various health parameters, and in communication with a processing device, such as a smart phone, as taught by Usui and applied to a portable patient monitoring system and method as taught by Gilham, where a separate device may be more conveniently viewed and operated, and where smart phone usage is ubiquitous, and already has a processor, touchscreen interface and network connectivity.
Claims 4, 5 and 19 are rejected under 35 USC §103 as unpatentable over Gilham, et al. (United States Patent Application Publication # US 2010/0298718 A1), hereinafter Gilham, and Usui, et al. (United States Patent Application Publication # US 2019/0357842 A1, hereinafter Usui, further in view of Kaigler, et al. (United States Patent Application Publication # US 2012/0056746 A1), hereinafter Kaigler.
Consider claim 4 and as applied to claim 1: The patient status monitoring system of claim 1, wherein the setting a working mode of the monitoring module according to the obtained parameter comprises:
obtaining a communication mode between the monitoring device and the monitoring module; and
switching the working mode of the monitoring module between the continuous monitoring mode and the discontinuous monitoring mode according to a change of the communication mode.
Gilham discloses that communication frequency or delay may be adjusted based on available communication interfaces, but neither Gilham nor Usui discloses the selection of continuous or other mode based on communication type or protocol This is known in analogous prior art, however, and for example:
Kaigler discloses systems and methods for monitoring wellness of a person [Title; Abstract; Fig 1A-1C; Para. 0003, 0004], and particularly that the system may include a plurality of communication modules for intermittent and continuous data transfer [Para. 0043-0048, 0073-0077; Table 2].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing to use a particular communication module, using a particular communication mode and protocol, depending on whether continuous or intermittent communication is required, as taught by Kaigler, applied to a portable patient monitoring system and method as taught by Gilham as modified by Usui, in order to use the most efficient and cost-effective communication mode for the data at hand.
Consider claim 5 and as applied to claim 4: The patient status monitoring system of claim 4, wherein the communication mode comprises at least one of the following: a wireless medical telemetry service (WMTS) mode, a Bluetooth wireless mode, or a Wi-Fi mode.
Gilham and Usui both disclose use of Bluetooth and Wi-Fi wireless communication [Gilham: Para. 0079, 0108; Usui: Para. 0041].
Consider claim 19 and as applied to claim 18: The patient status monitoring method of claim 18, wherein the setting a working mode of the monitoring module according to the obtained parameter comprises:
obtaining a communication mode between the monitoring device and the monitoring module, and
switching the working mode of the monitoring module between the continuous monitoring mode and the discontinuous monitoring mode according to a change of the communication mode. This claim is rejected based on the same citations and analysis as for claim 4 previously, and as applied to claim 18.
Claims 8-11, 14-16 and 20 are rejected under 35 USC §103 as unpatentable over Gilham, et al. (United States Patent Application Publication # US 2010/0298718 A1), hereinafter Gilham, and Usui, et al. (United States Patent Application Publication # US 2019/0357842 A1, hereinafter Usui, further in view of Gao, et al. (United States Patent Application Publication # US 2008/0228045 A1), hereinafter Gao.
Consider claim 8 and as applied to claim 7: The patient status monitoring system of claim 7, wherein to obtain a parameter, and set a working mode of the monitoring module according to the obtained parameter, the processor is configured to:
obtain a communication mode between the monitoring device and the monitoring module, wherein the communication mode comprises a wireless medical telemetry service (WMTS) mode or a Wi-Fi mode; and
set, when the communication mode is the wireless medical telemetry service (WMTS) mode, the working mode of the monitoring module to the continuous monitoring mode; or set, when the communication mode is the Wi-Fi mode, the working mode of the monitoring module to the discontinuous monitoring mode.
Gilham discloses communication on various wired and wireless networks, including IEEE 802.11, Bluetooth, and IrDA Home RFm but does not specifically disclose use of WMTS networks, or the selection of a particular network for continuous or spot-check communications. These were known in analogous prior art, and for example:
Gao discloses multi-protocol wireless medical monitors [Title; Abstract; Fig. 1-6; Para. 0003, 0009-0010] for communicating in continuous and periodic modes [Para. 0071-0073], where such networks may comprise both Wi-Fi and WMTS [Para. 0089] and where a particular network and protocol may be selected based on availability, and for different types of transmissions and different situations, based on the properties of the wireless protocols and networks and the nature of the medical data to be transmitted.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention that a WMTS network may be selected for continuous monitoring data, and a Wi-Fi network selected for periodic monitoring data communication, according to availability of each, among a limited number of choices, and the suitability of each for the particular data to be communicated, as taught by Gao, applied to a portable patient monitoring system and method as taught by Gilham as modified by Usui, in order to efficiently allocate available network communication alternatives.
Consider claim 9 and as applied to claim 7: The patient status monitoring system of claim 7, wherein to obtain a parameter, and set a working mode of the monitoring module according to the obtained parameter, the processor is configured to:
obtain communication signal strength or a packet loss rate between the monitoring device and the monitoring module;
determine a distance between the monitoring device and the monitoring module according to the communication signal strength and the packet loss rate; and
set, when the communication signal strength is greater than a first signal threshold and the packet loss rate is less than a first preset threshold, the working mode of the monitoring module to the continuous monitoring mode; or
set, when the communication signal strength is less than the first signal threshold and the packet loss rate is greater than the first preset threshold, the working mode of the monitoring module to the discontinuous monitoring mode.
Gilham discloses communication on various wired and wireless networks, including IEEE 802.11, Bluetooth, and IrDA Home RFm but does not specifically disclose selection of a particular network for continuous or spot-check communications based on signal strength or packet loss rate. This was known in analogous prior art, and for example:
Gao discloses multi-protocol wireless medical monitors [Title; Abstract; Fig. 1-6; Para. 0003, 0009-0010] for communicating in continuous and periodic modes [Para. 0071-0073], where such networks may comprise at least Wi-Fi and WMTS [Para. 0089] and where network alternatives are ranked and selection may be based on the signal quality (which may include both signal strength and packet loss rate) and bandwidth/data rate requirements [Para. 0063, 0068, 0073]. If no alternative meets the performance and/or bandwidth requirements for communicating continuous monitoring data, the data may be compressed such that simple shorter summary messages and alerts (essentially periodic messages) are sent [Para. 0068].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention that a network may be selected based on signal strength and packet loss requirements, and if no network meeting data rate requirements, continuous monitoring data may be reformed as periodic data, as taught by Gao, applied to a portable patient monitoring system and method as taught by Gilham as modified by Usui, in order to efficiently allocate available network communication alternatives.
Consider claim 10 and as applied to claim 1: The patient status monitoring system of claim 1, wherein the processor is further configured to obtain signal strength of the monitoring module, and determine a communication mode of the monitoring module according to the signal strength.
Gilham discloses communication on various wired and wireless networks, including IEEE 802.11, Bluetooth, and IrDA Home RFm but does not specifically disclose selection of a particular network for continuous or spot-check communications based on signal strength or packet loss rate. This was known in analogous prior art, and for example:
Gao discloses multi-protocol wireless medical monitors [Title; Abstract; Fig. 1-6; Para. 0003, 0009-0010] for communicating in continuous and periodic modes [Para. 0071-0073], where such networks may comprise at least Wi-Fi and WMTS [Para. 0089] and where network selection may be based on the signal strength for each protocol or network [Para. 0068].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention that a network may be selected based on signal strength requirements, as taught by Gao, applied to a portable patient monitoring system and method as taught by Gilham as modified by Usui, in order to efficiently allocate available network communication alternatives.
Consider claim 11 and as applied to claim 10: The patient status monitoring system of claim 10, wherein to obtain signal strength of the monitoring module, and determine a communication mode of the monitoring module according to the signal strength, the processor is configured to:
obtain the signal strength of the monitoring module, wherein the signal strength comprises a wireless medical telemetry service (WMTS) signal strength and Wi-Fi signal strength; and
determine, when the WMTS signal strength is greater than or equal to a first preset threshold, that the communication mode of the monitoring module is a WMTS mode; or determine, when the WMTS signal strength is less than the first preset threshold, that the communication mode of the monitoring module is a Wi-Fi mode.
This claim is rejected based on the same citations and analysis as for claim 10 previously, and as applied to claim 1.
Consider claim 14 and as applied to claim 1: The patient status monitoring system of claim 1, wherein after being configured to obtain a parameter, and set a working mode of the monitoring module according to the obtained parameter, the processor is further configured to set a communication mode of the monitoring module according to the working mode of the monitoring module.
Gilham discloses communication on various wired and wireless networks, including IEEE 802.11, Bluetooth, and IrDA Home RFm but does not specifically disclose the selection of a particular network for continuous or spot-check communications. These were known in analogous prior art, and for example:
Gao discloses multi-protocol wireless medical monitors [Title; Abstract; Fig. 1-6; Para. 0003, 0009-0010] for communicating in continuous and periodic modes [Para. 0071-0073], wherein available networks may comprise at least Wi-Fi and WMTS [Para. 0089] and where network selection may be at least in part on the data communication needs of each mode [Para. 0021-0033].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention that a network may be selected based on data requirements of an operating mode, as taught by Gao, applied to a portable patient monitoring system and method as taught by Gilham as modified by Usui, in order to efficiently allocate available network communication alternatives.
Consider claim 15 and as applied to claim 14: The patient status monitoring system of claim 14, wherein to set a communication mode of the monitoring module according to the working mode of the monitoring module, the processing is further configured to:
set, when the working mode of the monitoring module is the discontinuous monitoring mode, the communication mode of the monitoring module to a Wi-Fi mode; or
set, when the working mode of the monitoring module is the continuous monitoring mode, the communication mode of the monitoring module to a wireless medical telemetry service (WMTS) mode.
Gilham discloses communication on various wired and wireless networks, including IEEE 802.11, Bluetooth, and IrDA Home RFm but does not specifically disclose the use of a WMTS network, or the selection of a particular network for continuous or spot-check communications. These were known in analogous prior art, and for example:
Gao discloses multi-protocol wireless medical monitors [Title; Abstract; Fig. 1-6; Para. 0003, 0009-0010] for communicating in continuous and periodic modes [Para. 0071-0073], wherein available networks may comprise at least Wi-Fi and WMTS [Para. 0089] and where network selection may be at least in part on the data communication needs of each mode [Para. 0021-0033].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention that a Wi-Fi or WMTS network may be selected for a continuous data communication requirement, and for a Wi-Fi or WMTS network may be selected for a periodic data communication requirement, according to the particular performance of each network and the particular communication requirements, as taught by Gao, applied to a portable patient monitoring system and method as taught by Gilham as modified by Usui, in order to optimize communication performance and allocate network resources.
Consider claim 16 and as applied to claim 1: The system of claim 1, wherein the monitoring module comprises a first monitoring submodule and a second monitoring submodule, and the continuous monitoring mode comprises:
continuously obtaining, by the first monitoring submodule, a first type of physical parameter in real time, wherein the first type of physical parameter comprises an electrocardiogram (ECG), respiration (RESP), blood oxygen (SPO2), or body temperature (TEMP);
continuously obtaining, by the second monitoring submodule, a second type of physical parameter in real time, wherein the second type of physical parameter comprises blood pressure (NIBP) or a motion signal;
sending, by the second monitoring submodule, the second type of physical parameter to the first monitoring submodule in real time; and continuously sending, by the first monitoring submodule, the first type of physical parameter and the second type of physical parameter to the monitoring device in real time.
Gilham discloses an embodiment in which alternative “spot-check” and “continuous” modes may be selected, wherein continuous mode makes continuous (high frequency) measurements [Para. 0059] and pushes data transmission at 15 second intervals [Para. 0087]. Gilham also discloses embodiments using “single”, “stat”, “auto” and “protocol” modes, where single makes one measurement, stat makes rapid (high frequency) measurements for a predetermined time, and auto makes measurements with a (lower frequency) predetermined interval [Para. 0049-0054]. Gilham specifically discloses monitoring of blood pressure (NIBP) and at least SPO2 [Fig. 5 ; Para. 0039, 0057-0062] and where both NIBP and SPO2 measurements may be made in continuous mode.
Gilham does not specifically show submodules for each parameter, but this is known in analogous prior art.
Gao discloses multi-protocol wireless medical monitors [Title; Abstract; Fig. 1-6; Para. 0003, 0009-0010] for communicating in continuous and periodic modes [Para. 0071-0073], and including separate submodules for measuring blood pressure (920, ECG (94), pulse oximeter (98) and temperature (100) [Fig. 2; Para. 0051], each of which may interface to one of a plurality of communication interfaces (40, 42,44, 46) [Fig. 2; Para. 0057].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to provide separate submodules for measuring at least blood pressure and SPO2, and which may each interface with one of a plurality of communication interfaces as taught by Gao, applied to a portable patient monitoring system and method as taught by Gilham as modified by Usui, in order to allow monitoring of multiple patient physiological parameters and different communication networks.
Consider claim 20 and as applied to claim 18: The patient status monitoring method of claim 18, wherein the setting a working mode of the monitoring module according to the obtained parameter comprises:
obtaining communication signal strength and a packet loss rate between the monitoring device and the monitoring module; and
setting, when the communication signal strength is greater than a first signal threshold and the packet loss rate is less than a first preset threshold, the working mode of the monitoring module to the continuous monitoring mode; or
setting, when the communication signal strength is less than the first signal threshold and the packet loss rate is greater than the first preset threshold, the working mode of the monitoring module to the discontinuous monitoring mode.
This claim is rejected based on the same citations and analysis as for claim 9 previously, and as applied to claim 18.
Allowable Subject Matter
Allowable subject matter has been identified as follows:
Claims 12 and 13 would be allowable if rewritten to overcome the rejections for non-statutory double patenting, set forth in this Office action, or by requesting and receiving acceptance of an appropriate terminal disclaimer.
Claims 3, 6 and 17 would be allowable if both:
(a) rewritten to overcome rejections under 35 USC §112(b), set forth in this Office action and to include all of the limitations of the base claim and any intervening claims; and
(b) rewritten to overcome the rejections for non-statutory double patenting, set forth in this Office action, or by requesting and receiving acceptance of an appropriate terminal disclaimer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Pekander (U.S. Patent Application Publication # US 2017/0231494 A1) disclosing a wireless patient monitoring system and method.
Jollota et al. (U.S. Patent Application Publication # US 2007/0258395 A1) disclosing wireless data communication protocols for a medical device network.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to STEPHEN R BURGDORF whose telephone number is (571)270-7328. The Examiner can normally be reached on Monday and Friday at 11:00 AM to 8:00 PM EST/EDT.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Quan-Zhen Wang can be reached at (571)272-3114. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/STEPHEN R BURGDORF/ Examiner, Art Unit 2685
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