DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This is in response to the correspondence filed on 11/13/24. Claims 1-20 are still pending and have been considered below.
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 1-10 and 15-20 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 1 and 15 recite “…wherein the first computing unit and the second computing unit are data exchange connected to one another…”, which render the claims indefinite in that they appear to contain grammatical and/or idiomatic errors.
Claim 8 recites the limitation "the third computing unit" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hickey et al. (2020/0261673).
Claim 1: Hickey et al. discloses a device for executing cybersecurity functions with respect to information security and safety functions with respect to operational safety, the device comprising:
a first computing unit configured to execute at least one of the cybersecurity functions, the first computing unit comprising a communication module which has a first interface and is configured to check incoming data(remote server performs a variety of security functions, such as generating/providing a nonce, computing a signing key, computing authorization codes, authenticating the therapy data by comparing the authorization codes) [pages 2-3, paragraph 0026 | page 5, paragraph 0050];
a second computing unit configured to execute at least one of the safety functions, the second computing unit comprising an alarm module which is configured to generate an information signal(RT device configured to send data relating to the respiratory therapy, such as time of usage, number of respiratory events, compliance rule evaluation results) [page 2, paragraph 0022 | pages 10-11, paragraph 0136]; and
a second interface configured for data exchange between the first computing unit and the second computing unit, wherein the first computing unit and the second computing unit are data exchange connected to one another via the second interface(RT devices are connected to remote server through corresponding control devices) [page 10, paragraph 0135 | figure 6].
Claim 2: Hickey et al. discloses a device according to claim 1, wherein the first computing unit is configured to access a first data memory, and the second computing unit is configured to access a second data memory [page 22, paragraphs 0319-0320 | page 9, paragraphs 0121-0124].
Claim 3: Hickey et al. discloses a device according to claim 2, wherein the first data memory and the second data memory are comprised by a data storage medium with the first data memory and the second data memory being non-overlapping or are comprised by separate data storage media that are not shared by the first and second computing units [page 22, paragraphs 0319-0320 | page 9, paragraphs 0121-0124].
Claim 4: Hickey et al. discloses a device according to claim 1, wherein the first computing unit is configured to execute the at least one cybersecurity function independently of the second computing unit and the second computing unit is configured to execute the at least one safety function independently of the first computing unit(RT devices and remote server each have a corresponding processor to execute respective functions separately from one another) [figure 6].
Claim 5: Hickey et al. discloses a device according to claim 1, wherein the second computing unit comprises a sensor module for recording sensor data [page 8, paragraph 0084].
Claim 6: Hickey et al. discloses a device according to claim 1, wherein the first computing unit and/or the second computing unit comprises a memory module for managing data on a data storage medium [page 22, paragraphs 0319-0320 | page 9, paragraphs 0121-0124].
Claim 7: Hickey et al. discloses a device according to claim 1, further comprising a third computing unit, wherein the third computing unit comprises a user interaction module for inputting and/or outputting information [page 2, paragraphs 0024-0025].
Claim 8: Hickey et al. discloses a device according to claim 6, wherein the third computing unit is connected to the first computing unit and/or second computing unit for data exchange [page 10, paragraph 0135 | figure 6].
Claim 9: Hickey et al. discloses a device according to claim 1, wherein the device is comprised by a gas measuring device [page 2, paragraph 0021 | page 18, paragraph 0213].
Claim 10: Hickey et al. discloses a device according to claim 1, wherein the device is comprised by a ventilator or an anesthesia device [page 2, paragraph 0022].
Claim 11: Hickey et al. discloses a process for executing cybersecurity functions with respect to information security and safety functions with respect to operational safety on a device comprising a first computing unit and a second computing unit, the process comprising the steps of:
receiving and checking data with a communication module of the first computing unit [pages 2-3, paragraph 0026 | page 5, paragraph 0050];
storing the data in a first data memory and/or transmitting the data to the second computing unit [page 22, paragraphs 0319-0320 | page 9, paragraphs 0121-0124],
evaluating the data relating to an alarm situation with an alarm module of the second computing unit [page 2, paragraph 0022 | pages 10-11, paragraph 0136]; and
generating an information signal by the alarm module [page 2, paragraph 0022 | pages 10-11, paragraph 0136].
Clam 12: Hickey et al. discloses a process according to claim 11, further comprising the steps of: determining a sensor measured value with a sensor module of the second computing unit(time of usage, number of respiratory events); and evaluating the sensor measured value with regard to an alarm situation by the alarm module(time of usage, number of respiratory events, compliance rule evaluation) [page 2, paragraph 0022 | pages 10-11, paragraph 0136].
Claim 13: Hickey et al. discloses a process according to claim 11, further comprising the step of storing information of the second computing unit in a second data memory, wherein the second data memory and the first data memory are non-overlapping [page 22, paragraphs 0319-0320 | page 9, paragraphs 0121-0124].
Claim 14: Hickey et al. discloses a process according to claim 11, further comprising the step of receiving and/or outputting information with a user interaction module of a third computing unit of the device [page 2, paragraphs 0024-0025].
Claim 15: Hickey et al. discloses a gas measuring device comprising:
a device for executing cybersecurity functions with respect to information security and safety functions with respect to operational safety, the device comprising:
a first computing unit configured to execute at least one of the cybersecurity functions, the first computing unit comprising a communication module which has a first interface and is configured to check incoming data [pages 2-3, paragraph 0026 | page 5, paragraph 0050];
a second computing unit configured to execute at least one of the safety functions, the second computing unit comprising an alarm module which is configured to generate an information signal [page 2, paragraph 0022 | pages 10-11, paragraph 0136]; and
a second interface configured for data exchange between the first computing unit and the second computing unit, wherein the first computing unit and the second computing unit are data exchange connected to one another via the second interface [page 10, paragraph 0135 | figure 6].
Claim 16: Hickey et al. discloses a gas measuring device according to claim 15, wherein the first computing unit is configured to access a first data memory and the second computing unit is configured to access a second data memory [page 22, paragraphs 0319-0320 | page 9, paragraphs 0121-0124].
Claim 17: Hickey et al. discloses a gas measuring device according to claim 16, wherein the first computing unit and/or the second computing unit comprises a memory module for managing data on a data storage medium or on data storage media, wherein the first data memory and the second data memory are comprised by the data storage medium or the data storage media with the first data memory and the second data memory being non-overlapping or are comprised by separate data storage media that are not shared by the respective memory module [page 22, paragraphs 0319-0320 | page 9, paragraphs 0121-0124].
Claim 18: Hickey et al. discloses a gas measuring device according to claim 15, wherein the first computing unit is configured to execute the at least one cybersecurity function independently of the second computing unit and the second computing unit is configured to execute the at least one safety function independently of the first computing unit [figure 6].
Claim 19: Hickey et al. discloses a gas measuring device according to claim 15, wherein the second computing unit comprises a sensor module for recording sensor data [page 8, paragraph 0084].
Claim 20: Hickey et al. discloses a gas measuring device according to claim 15, further comprising a third computing unit, wherein the third computing unit comprises a user interaction module for inputting and/or outputting information and wherein the third computing unit is connected to the first computing unit and/or second computing unit for data exchange [page 2, paragraphs 0024-0025].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Freeman et al. (2017/0325091).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWARD ZEE whose telephone number is (571)270-1686. The examiner can normally be reached Monday-Friday 9AM-5PM EST.
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/EDWARD ZEE/Primary Examiner, Art Unit 2435
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