DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 50-56, 61 and 66-75 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carlberg et al (U.S. 8,608,654). Carlberg discloses (Fig. 3) instructing a first timing circuit to transmit a first communication signal; recording, using the first timing circuit, a first time stamp representing a time when a hardware layer of the first timing circuit transmits the first communication signal (col. 12, line 39-col. 13, line 6); receiving, at a second timing circuit, the first communication signal; recording, using the second timing circuit, a second time stamp representing a time when a hardware layer of the second timing circuit receives the first communication signal; instructing the first timing circuit to transmit a second communication signal comprising the first time stamp; receiving, at the second timing circuit, the second communication signal; and determining, using one or more processors, a delay between the first timing circuit and the second timing circuit based at least on the first time stamp and the second time stamp (col. 13, lines 7-35).
Regarding claim 51, Carlberg discloses (Fig. 3) instructing the second timing circuit to transmit a third communication signal; recording, using the second timing circuit, a third time stamp representing a time when the hardware layer of the second timing circuit transmits the third communication signal; receiving, at the first timing circuit, the third communication signal; and recording, using the first timing circuit, a fourth time stamp representing a time when the hardware layer of the first timing circuit receives the third communication signal, wherein the determining comprises determining the delay based at least on the first time stamp, the second time stamp, the third time stamp, and the fourth time stamp.
Regarding claim 52, Carlberg discloses (Fig. 3) instructing the first timing circuit to transmit a fourth communication signal comprising the fourth time stamp; and receiving, at the second timing circuit, the fourth communication signal.
Regarding claim 53, Carlberg discloses (Fig. 3) the determining comprises determining a difference between the first time stamp and the second time stamp and determining a difference between the third time stamp and the fourth time stamp.
Regarding claim 54, Carlberg discloses (col. 13, lines 7-35) determining the delay comprises correcting for any time difference between clocks of the first timing circuit and the second timing circuit.
Regarding claim 55, Carlberg discloses (col. 6, lines 10-43) the first timing circuit is associated with a first processing circuit and the second timing circuit is associated with a second processing circuit.
Regarding claim 56, Carlberg discloses (col. 12, lines 21-38) the first processing circuit comprises a first sensor and the second processing circuit comprises a second sensor, and wherein the method comprises using the first and second sensors to monitor a physiological status of a patient and to generate a set of sensor data based on the physiological status.
Regarding claim 61, Carlberg discloses (Fig. 4) dynamically connecting or disconnecting the first processing circuit or the second processing circuit to the one or more processors.
Regarding claim 66, Carlberg discloses (col. 13, lines 7-35) the first time stamp includes a time according to a local clock of the first timing circuit.
Regarding claim 67, Carlberg discloses (col. 13, lines 7-35) the determining comprises determining a difference between the first time stamp and the second time stamp.
Regarding claim 68, Carlberg discloses (Fig. 3) receiving, at a first timing circuit, a first communication signal from a second timing circuit; recording, at the first timing circuit, a first time stamp representing a time when a hardware layer of the first timing circuit receives the first communication signal (col. 12, line 39-col. 13, line 6); receiving, at the first timing circuit, a second communication signal from the second timing circuit, the second communication signal comprising a second time stamp representing a time when a hardware layer of the second timing circuit transmitted the first communication signal; and determining, using one or more processors, a delay between the first timing circuit and the second timing circuit based at least on the first time stamp and the second time stamp (col. 13, lines 7-35).
Regarding claim 69, Carlberg discloses (Fig. 3) instructing the first timing circuit to transmit a third communication signal to the second timing circuit; recording, using the first timing circuit, a third time stamp representing a time when a hardware layer of the first timing circuit transmits the third communication signal; and receiving, at the first timing circuit, a fourth communication signal from the second timing circuit, the fourth communication signal comprising a fourth time stamp representing a time when the hardware layer of the second timing circuit received the third communication signal.
Regarding claim 70, Carlberg discloses (Fig. 3) determining, using the one or more processors, the delay based at least on the first time stamp, the second time stamp, the third time stamp, and the fourth time stamp.
Regarding claim 71, Carlberg discloses (Fig. 3) the determining comprises determining a difference between the first time stamp and the second time stamp and determining a difference between the third time stamp and the fourth time stamp.
Regarding claim 72, Carlberg discloses (col. 13, lines 7-35) comprises correcting for any time difference between clocks of the first timing circuit and the second timing circuit.
Regarding claim 73, Carlberg discloses (col. 6, lines 10-43) the first timing circuit is associated with a first processing circuit and the second timing circuit is associated with a second processing circuit.
Regarding claim 74, Carlberg discloses (col. 12, lines 21-38) the first processing circuit comprises a first sensor and the second processing circuit comprises a second sensor, and wherein the method comprises using the first and second sensors to monitor a physiological status of a patient and to generate a set of sensor data based on the physiological status.
Regarding claim 75, Carlberg discloses (Fig. 4) dynamically connecting or disconnecting the first processing circuit or the second processing circuit to the one or more processors.
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.
Claims 57-60, 62-65 and 76-77 are rejected under 35 U.S.C. 103 as being unpatentable over Carlberg et al (U.S. 8,608,654) in view of Burton et al (U.S. 2010/0076333). Carlberg discloses the claimed invention except for the first sensor is an electrocardiogram (ECG) sensor wherein the method comprises using the ECG sensor to generate one or more ECG waveforms, and the second sensor is at least one of a heartbeat sensor wherein the method comprises using the heartbeat sensor to monitor a heartbeat of the patient, a blood oxygen sensor wherein the method comprises using the blood oxygen sensor to monitor a blood oxygen level of the patient, a carbon dioxide sensor wherein the method comprises using the carbon dioxide sensor to monitor an end-tidal carbon dioxide level of the patient, or an ultrasound sensor wherein the method comprises using the ultrasound sensor to generate an ultrasound image of the patient. Burton, however, discloses (par. 0176) collecting ECG data and at least blood oxygen level. Burton and Carlberg both disclose methods of collecting data using various physiological sensors and synchronizing the data collected for analysis and diagnosis (Figs. 16-17 of Burton). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Carlberg’s delay determination between timing circuits with Burton’s ECG and blood oxygen level in order to diagnose and/or treat a cardiovascular disorder.
Regarding claim 58, Burton discloses (par. 0176) the first sensor is a blood pressure sensor and the second sensor is a heartbeat monitor, wherein the method comprises using the blood pressure sensor to monitor a blood pressure of the patient and using the heartbeat monitor to monitor a heartbeat of the patient.
Regarding claim 59, Carlberg in view of Burton discloses (col. 8, line 66-col. 9, line 16 of Carlberg) synchronizing a timing between clocks of the first timing circuit associated with the blood pressure sensor (par. 0176 of Burton) and the second timing circuit associated with the heartbeat monitor (par. 0176 of Burton).
Regarding claim 60, Burton discloses (par. 0174) recording a systolic blood pressure measurement when the heartbeat monitor indicates that the patient's heart is beating.
Regarding claim 62, Burton discloses (par. 0211) the first processing circuit or the second processing circuit includes at least one treatment circuit having at least a ventilator, and the method further comprises using the at least one treatment circuit to administer treatment to a patient.
Regarding claim 63, Burton discloses (par. 0729) determining that the first timing circuit acts as a master timing circuit and that the second timing circuit acts as a slave timing circuit.
Regarding claim 64, Burton discloses (par. 0729) the determining that the first timing circuit acts as a master timing circuit and that the second timing circuit acts as a slave timing circuit comprises determining based on communication with at least one other timing circuit.
Regarding claim 65, Burton discloses (par. 0718) the determining that the first timing circuit acts as a master timing circuit and that the second timing circuit acts as a slave timing circuit comprises determining based on a pre-defined setting.
Regarding claim 76, Burton discloses (par. 0211) the first processing circuit or the second processing circuit includes at least one treatment circuit having at least a ventilator, and the method further comprises using the at least one treatment circuit to administer treatment to a patient.
Regarding claim 77, Burton discloses (par. 0729) determining that the second timing circuit acts as a master timing circuit and that the first timing circuit acts as a slave timing circuit.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEBORAH L MALAMUD whose telephone number is (571)272-2106. The examiner can normally be reached Mon - Fri 1:00-9:30 Eastern.
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/DEBORAH L MALAMUD/Primary Examiner, Art Unit 3792
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