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 .
Priority
The present application claims the benefit of U.S. patent application Ser. No. 17/494,137 for BLOOD PRESSURE DEVICE, filed Oct. 5, 2021, and U.S. Patent Application No. 63/088,204 for BLOOD PRESSURE DEVICE, filed Oct. 6, 2020, the entire contents of which are incorporated herein by reference.
DETAILED ACTION
This Office Action is in response to an Amendment Application received on 06/15/2026. In the application, claims 1, and 10 have been amended. Claims 2-9, and 11-16 remain original. No claim has been cancelled and new claim has been added.
For this Office Action, claims 1-16 have been received for consideration and have been examined.
Response to Arguments
Claim Rejections – 35 USC § 112
Applicant’s amendment to claims 1, and 10 has been reviewed and amendments have overcome the Claim Rejections – 35 USC § 112 rejections. Therefore, the rejections have been withdrawn.
Claim Rejections – 35 USC § 101
Applicant’s arguments in light of the instant specification with respect to claims 1-16 have been fully considered and are persuasive. Therefore, this rejection has been withdrawn.
Double Patenting
The nonstatutory 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 nonstatutory 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 nonstatutory 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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of co-pending Application No. 18/985,958 in view of Cronin et al. (US20180263495A1).
This is a provisional nonstatutory double patenting rejection.
18/985,958 (Co-pending application)
18/963,296 (Instant Application)
1. A system for improving security of cellular-enabled blood [oxygen saturation] data transmission by layering security, the system comprising: a pulse oximeter; a wireless network connected to the pulse oximeter; a private network connected to the wireless network via a persistent and fully redundant Internet Protocol Security (IPsec) Virtual Private Network (VPN) tunnel; one or more computer processors; and a memory having stored therein machine executable instructions, that when executed by the one or more processors, cause the system to: collect, via the pulse oximeter, blood [oxygen saturation] data from a patient; encrypt, via the pulse oximeter, the blood [oxygen saturation] data with a shared secret, wherein encrypting the blood [oxygen saturation] data creates encrypted blood [oxygen saturation] data; generate, via the pulse oximeter, a first hash using a signing algorithm; transmit, via the persistent and fully redundant IPsec VPN tunnel, the encrypted blood [oxygen saturation] data from the pulse oximeter to the private network; generate, via the private network, a second hash; compare, via the one or more computer processors, the first hash to the second hash; decrypt, via the one or more computer processors, the encrypted blood [oxygen saturation] data upon a match of the first and second hash, wherein decrypting the encrypted blood [oxygen saturation] data creates verified blood [oxygen saturation] data; and transmit, via the one or more computer processors, the verified blood [oxygen saturation] data to a target recipient.
1. A system for improving security of cellular-enabled blood pressure data transmission by layering security, the system comprising: an electronic blood pressure monitor; a wireless network connected to the electronic blood pressure monitor; a private network connected to the wireless network via a persistent and fully redundant Internet Protocol Security (IPsec) Virtual Private Network (VPN) tunnel; one or more computer processors; and a memory having stored therein machine executable instructions, that when executed by the one or more processors, cause the system to: collect, via the electronic blood pressure monitor, initial blood pressure measurements from a patient; encrypt, via the electronic blood pressure monitor, the initial blood pressure measurements with a shared secret, wherein encrypting the initial blood pressure measurements creates encrypted blood pressure measurements; generate, via the electronic blood pressure monitor, a first hash using a signing algorithm; transmit, via the persistent and fully redundant IPsec VPN tunnel, the encrypted blood pressure measurements from the electronic blood pressure monitor to the private network; generate, via the private network, a second hash; compare, via the one or more computer processors, the first hash to the second hash; decrypt, via the one or more computer processors, the encrypted blood pressure measurements upon a match of the first and second hash, wherein decrypting the encrypted blood pressure measurements creates verified blood pressure measurements; and transmit, via the one or more computer processors, the verified blood pressure measurements to a target recipient.
2. The system of Claim 1, wherein the shared secret is a symmetric-key algorithm comprising: a key; and a symmetric block cipher.
2. The system of claim 1, wherein the shared secret is a symmetric-key algorithm comprising: a key; and a symmetric block cipher.
3. The system of Claim 2, wherein the key is comprised of at least one of a 128-bit key, a 256- bit key, a 576-bit key, and a 2040-bit key.
3. The system of claim 2, wherein the key is comprised of at least one of a 128-bit key, a 256-bit key, a 576-bit key, and a 2040-bit key.
4. The system of Claim 2, wherein the symmetric block cipher is comprised of at least one of an Advanced Encryption Standard (AES) block cipher, a Blowfish block cipher, a CAST-256 block cipher, a GOST block cipher, an International Data Encryption Algorithm (IDEA) block cipher, a Rivest Cipher 6 (RC-6) block cipher, a Serpent block cipher, and a Twofish block cipher.
4. The system of claim 2, wherein the symmetric block cipher is comprised of at least one of an Advanced Encryption Standard (AES) block cipher, a Blowfish block cipher, a CAST-256 block cipher, a GOST block cipher, an International Data Encryption Algorithm (IDEA) block cipher, a Rivest Cipher 6 (RC-6) block cipher, a Serpent block cipher, and a Twofish block cipher.
5. The system of Claim 2, wherein the persistent and fully redundant IPsec VPN tunnel leverages the symmetric-key algorithm to encrypt the encrypted blood [oxygen saturation] data while travelling through the persistent and fully redundant IPsec VPN tunnel.
5. The system of claim 2, wherein the persistent and fully redundant IPsec VPN tunnel leverages the symmetric-key algorithm to encrypt the encrypted blood pressure measurements while travelling through the persistent and fully redundant IPsec VPN tunnel.
6. The system of Claim 1, wherein the pulse oximeter connects to the wireless network via an Access Point Name (APN).
6. The system of claim 1, wherein the electronic blood pressure monitor connects to the wireless network via an Access Point Name (APN).
7. The system of Claim 1, wherein the persistent and fully redundant IPsec VPN tunnel is further comprised of Transport Layer Security (TLS).
7. The system of claim 1, wherein the persistent and fully redundant IPsec VPN tunnel is further comprised of Transport Layer Security (TLS).
8. The system of Claim 1, wherein the verified blood oxygen saturation data is transmitted to one or more client devices of the target recipient.
8. The system of claim 1, wherein the verified blood pressure measurements are transmitted to one or more client devices of the target recipient.
9. The system of Claim 1, wherein the signing algorithm is comprised of at least one of Rivest- Shamir-Adleman (RSA) algorithms, ElGamal signature scheme, Digital Signing Algorithm (DSA), and Elliptical Curve Digital Signature Algorithm (ECDSA).
9. The system of claim 1, wherein the signing algorithm is comprised of at least one of Rivest-Shamir-Adleman (RSA) algorithms, ElGamal signature scheme, Digital Signing Algorithm (DSA), and Elliptical Curve Digital Signature Algorithm (ECDSA).
10. A method for improving security of cellular-enabled blood [oxygen saturation] data transmission by layering security, the method comprising: collecting, via a pulse oximeter, blood [oxygen saturation] data from a patient; encrypting, via a shared secret generated by the pulse oximeter, the blood [oxygen saturation] data, wherein encrypting the blood [oxygen saturation] data creates encrypted blood [oxygen saturation] data; signing, via a signing algorithm, the encrypted blood [oxygen saturation] data creating a first hash; connecting, via an Access Point Name (APN), the pulse oximeter to a wireless network, transmitting, via a persistent and fully redundant Internet Protocol Security (IPsec) Virtual Private Network (VPN) tunnel, the encrypted blood [oxygen saturation] data from the pulse oximeter to a private network; receiving, via the private network, the encrypted blood [oxygen saturation] data, wherein upon receipt of the encrypted blood [oxygen saturation] data, the private network generates a second hash; verifying, via a comparison of the first hash and second hash, the encrypted blood [oxygen saturation] data, wherein upon a match of the first hash and the second hash, the private network decrypts the encrypted blood [oxygen saturation] data, creating verified blood [oxygen saturation] data; and transmitting the verified blood [oxygen saturation] data to a target recipient.
10. A method for improving security of cellular-enabled blood pressure data transmission by layering security, the method comprising: collecting, via an electronic blood pressure monitor, initial blood pressure measurements from a patient; encrypting, via a shared secret generated by the electronic blood pressure monitor, the initial blood pressure measurements, wherein encrypting the initial blood pressure measurements creates encrypted blood pressure measurements; signing, via a signing algorithm, the encrypted blood pressure measurements, creating a first hash; connecting, via an Access Point Name (APN), the electronic blood pressure monitor to a wireless network, transmitting, via a persistent and fully redundant Internet Protocol Security (IPsec) Virtual Private Network (VPN) tunnel, the encrypted blood pressure measurements from the electronic blood pressure monitor to a private network; receiving, via the private network, the encrypted blood pressure measurements, wherein upon receipt of the encrypted blood pressure measurements, the private network generates a second hash; verifying, via a comparison of the first hash to the second hash, the encrypted blood pressure measurements, wherein upon a match of the first hash and the second hash, the private network decrypts the encrypted blood pressure measurements, creating verified blood pressure measurements; and transmitting the verified blood pressure measurements to a target recipient.
11. The method of Claim 10, wherein the shared secret is a symmetric-key algorithm comprising: a key; and a symmetric block cipher.
11. The method of claim 10, wherein the shared secret is a symmetric-key algorithm comprising: a key; and a symmetric block cipher.
12. The method of Claim 11, wherein the key is comprised of at least one of a 128-bit key, a 256-bit key, a 576-bit key, and a 2040-bit key.
12. The method of claim 11, wherein the key is comprised of at least one of a 128-bit key, a 256-bit key, a 576-bit key, and a 2040-bit key.
13. The method of Claim 11, wherein the symmetric block cipher is comprised of at least one of an Advanced Encryption Standard (AES) block cipher, a Blowfish block cipher, a CAST-256 block cipher, a GOST block cipher, an International Data Encryption Algorithm (IDEA) block cipher, a Rivest Cipher 6 (RC-6) block cipher, a Serpent block cipher, and a Twofish block cipher.
13. The method of claim 11, wherein the symmetric block cipher is comprised of at least one of an Advanced Encryption Standard (AES) block cipher, a Blowfish block cipher, a CAST-256 block cipher, a GOST block cipher, an International Data Encryption Algorithm (IDEA) block cipher, a Rivest Cipher 6 (RC-6) block cipher, a Serpent block cipher, and a Twofish block cipher.
14. The method of Claim 11, wherein the persistent and fully redundant IPsec VPN tunnel leverages the symmetric-key algorithm to encrypt the encrypted blood [oxygen saturation] data while travelling through the persistent and fully redundant IPsec VPN tunnel.
14. The method of claim 11, wherein the persistent and fully redundant IPsec VPN tunnel leverages the symmetric-key algorithm to encrypt the encrypted blood pressure measurements while travelling through the persistent and fully redundant IPsec VPN tunnel.
15. The method of Claim 10, wherein the persistent and fully redundant IPsec VPN tunnel is further comprised of Transport Layer Security (TLS).
15. The method of claim 10, wherein the persistent and fully redundant IPsec VPN tunnel is further comprised of Transport Layer Security (TLS).
16. The method of Claim 10, wherein the signing algorithm is comprised of at least one of Rivest- Shamir-Adleman (RSA) algorithms, EIGamal signature scheme, Digital Signing Algorithm (DSA), and Elliptical Curve Digital Signature Algorithm (ECDSA).
16. The method of claim 10, wherein the signing algorithm is comprised of at least one of Rivest-Shamir-Adleman (RSA) algorithms, ElGamal signature scheme, Digital Signing Algorithm (DSA), and Elliptical Curve Digital Signature Algorithm (ECDSA).
Regarding claims 1, 5, 10, and 14, co-pending application (18/963,296) does not explicitly teach, but Cronin (US20180263495A1) teaches the blood data being blood oxygen data (Cronin [0013], e.g., The pulse oximeter sensor collects pulse and SpO2 data and sends the data to a pulse oximetry monitor (step 200)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the co-pending application with the teachings of Cronin with reasonable expectation of success. One of ordinary skill in the art would have been motivated to simply substitute the blood pressure data of the co-pending application with the blood oxygen saturation data of Cronin because the processing of the data itself is the same, with the only difference being the type of data.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYED M AHSAN whose telephone number is (571)272-5018. The examiner can normally be reached 8:30 AM - 6:00 PM.
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/SYED M AHSAN/Primary Examiner, Art Unit 2491
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