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 .
Claims 1-20 are presented for examination.
Priority
The Applicants’ claim for priority based upon U.S. Provisional Application 62/543,436 filed on August 10, 2017 is duly noted by the examiner.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 3, 2024 and October 21, 2025 has been considered by the examiner.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 and 15-18 of U.S. Patent 12,156,730. Although the claims at issue are not identical, they are not patentably distinct from each other because both documents claim an incontinence monitoring system. The claims are listed below for the Applicants’ convenience.
Application 18/966,225
U.S. Patent 12,156,730
1. A patient movement notification system, comprising: a bed sensor pad comprising a pressure sensor for sensing pressure applied by a patient on a bed, and a transmitter circuit for transmitting first wireless signals; a chair sensor pad comprising a pressure sensor for sensing pressure applied by the patient when on a chair, and a transmitter circuit for transmitting second wireless signals; and a monitor having a receiver for receiving the first and second wireless signals, the monitor generating a notification of patient movement in response to one of the first and second wireless signals, wherein the first and second wireless signals include information from which the monitor may identify the type of sensor pad from which the first and second wireless signals are sent, and wherein the monitor determines from the first and second wireless signals whether one of the sensor pads sensed pressure and subsequently did not sense pressure and responds by generating notification of patient movement.
1. A patient movement notification system, comprising: a toilet sensor pad comprising a pressure sensor for sensing pressure applied by a patient on a toilet, and a transmitter circuit for transmitting first wireless signals; a chair sensor pad comprising a pressure sensor for sensing pressure applied by the patient when on a chair, and a transmitter circuit for transmitting second wireless signals; a bed sensor pad comprising a pressure sensor for sensing pressure applied by the patient when on a bed, and a circuit for transmitting third signals; and a monitor having a receiver for receiving the first and second wireless signals, wherein the monitor having a sensor port through which the monitor receives the third signals via a wired connection, the monitor generating a notification of patient movement in response to one of the first and second wireless signals and the third signals, wherein the first and second wireless signals include information from which the monitor may identify the type of sensor pad from which the first and second wireless signals are sent, and wherein the monitor determines from the first and second wireless signals and the third signals whether one of the sensor pads sensed pressure and subsequently did not sense pressure and responds by generating notification of patient movement.
2. The patient movement notification system of claim 1, wherein the first and second wireless signals include an active code that identifies whether the sensor pad from which the first and second wireless signals are sent is active.
2. The patient movement notification system of claim 1, wherein the first and second wireless signals include an active code that identifies whether the sensor pad from which the first and second wireless signals are sent is active.
3. The patient movement notification system of claim 2, wherein only one of the bed sensor pad and the chair sensor pad is active at any time.
3. The patient movement notification system of claim 2, wherein only one of the bed sensor pad and the chair sensor pad is active at any time.
4. The patient movement notification system of claim 1, wherein the monitor is configured to respond to wireless signals from only one sensor pad of a particular type.
4. The patient movement notification system of claim 1, wherein the monitor is configured to respond to wireless signals from only one sensor pad of a particular type.
5. The patient movement notification system of claim 4, wherein the monitor is configured to respond to wireless signals from only one bed sensor pad and only one chair sensor pad.
5. The patient movement notification system of claim 4, wherein the monitor is configured to respond to wireless signals from only one toilet sensor pad and only one chair sensor pad.
6. The patient movement notification system of claim 1 and further comprising a toilet sensor pad comprising a pressure sensor for sensing pressure applied by the patient when on a toilet, and a transmitter circuit for transmitting third wireless signals, wherein the receiver receives the third wireless signals, the monitor generating a notification of patient movement in response to one of the first, second, and third wireless signals, and wherein the third wireless signal includes information from which the monitor may identify the type of sensor pad from which the third wireless signals are sent.
6. The patient movement notification system of claim 5 and further comprising an incontinence sensor pad comprising an incontinence sensor for sensing moisture due to incontinence, and a transmitter associated with the incontinence sensor pad for transmitting fourth wireless signals in response to the incontinence sensor, wherein the receiver receives the fourth wireless signals and the monitor generates a notification of incontinence in response to the fourth wireless signals, and wherein the fourth wireless signals include information from which the monitor may identify the type of sensor pad from which the fourth wireless signals are sent.
7. The patient movement notification system of claim 6, wherein the monitor is configured to respond to wireless signals from only one bed sensor pad, only one chair sensor pad, and only one toilet sensor pad.
7. The patient movement notification system of claim 1, wherein the monitor is configured to respond to wireless signals from only one bed sensor pad, only one chair sensor pad, and only one toilet sensor pad.
8. The patient movement notification system of claim 6 and further comprising an incontinence sensor pad comprising an incontinence sensor for sensing moisture due to incontinence, and a transmitter associated with the incontinence sensor pad for transmitting fourth wireless signals in response to the incontinence sensor, wherein the receiver receives the fourth wireless signals and the monitor generates a notification of incontinence in response to the fourth wireless signals, and wherein the fourth wireless signals include information from which the monitor may identify the type of sensor pad from which the fourth wireless signals are sent.
8. The patient movement notification system of claim 1 and further comprising an incontinence sensor pad comprising an incontinence sensor for sensing moisture due to incontinence, and a transmitter associated with the incontinence sensor pad for transmitting fourth wireless signals in response to the incontinence sensor, wherein the receiver receives the fourth wireless signals and the monitor generates a notification of incontinence in response to the fourth wireless signals, and wherein the fourth wireless signals include information from which the monitor may identify the type of sensor pad from which the fourth wireless signals are sent.
9. The patient movement notification system of claim 1 and further comprising an incontinence sensor pad comprising an incontinence sensor for sensing moisture due to incontinence, and a transmitter associated with the incontinence sensor pad for transmitting fourth wireless signals in response to the incontinence sensor, wherein the receiver receives the fourth wireless signals and the monitor generates a notification of incontinence in response to the fourth wireless signals, and wherein the fourth wireless signals include information from which the monitor may identify the type of sensor pad from which the fourth wireless signals are sent.
8. The patient movement notification system of claim 1 and further comprising an incontinence sensor pad comprising an incontinence sensor for sensing moisture due to incontinence, and a transmitter associated with the incontinence sensor pad for transmitting fourth wireless signals in response to the incontinence sensor, wherein the receiver receives the fourth wireless signals and the monitor generates a notification of incontinence in response to the fourth wireless signals, and wherein the fourth wireless signals include information from which the monitor may identify the type of sensor pad from which the fourth wireless signals are sent.
10. The patient movement notification system of claim 1 and further comprising a nurse call relay device having a nurse call receiver for receiving signals from a transmitter of the monitor, and a transmitter for transmitting signals to the receiver of the monitor, wherein the signals sent from the nurse call relay device include information from which the monitor may identify the signals as coming from the nurse call relay device.
9. The patient movement notification system of claim 1 and further comprising a nurse call relay device having a nurse call receiver for receiving signals from a transmitter of the monitor, and a transmitter for transmitting signals to the receiver of the monitor, wherein the signals sent from the nurse call relay device include information from which the monitor may identify the signals as coming from the nurse call relay device.
11. The patient movement notification system of claim 10, wherein the monitor is configured to respond to wireless signals from only one nurse call relay device.
10. The patient movement notification system of claim 9, wherein the monitor is configured to respond to wireless signals from only one nurse call relay device.
12. A patient movement notification system, comprising: a bed sensor pad comprising a pressure sensor for sensing pressure applied by a patient on a bed, and a transmitter circuit for transmitting first wireless signals; a chair sensor pad comprising a pressure sensor for sensing pressure applied by the patient when on a chair, and a transmitter circuit for transmitting second wireless signals; a toilet sensor pad comprising a pressure sensor for sensing pressure applied by the patient when on a toilet, and a transmitter circuit for transmitting third wireless signals; and a monitor having a receiver for receiving the first, second, and third wireless signals, the monitor generating a notification of patient movement in response to one of the first, second, and third wireless signals, and wherein the monitor determines from the first, second, and third wireless signals whether one of the sensor pads sensed pressure and subsequently did not sense pressure and responds by generating notification of patient movement.
11. A patient movement notification system, comprising: a bed sensor pad comprising a pressure sensor for sensing pressure applied by a patient on a bed, and a transmitter circuit for transmitting first wireless signals; a chair sensor pad comprising a pressure sensor for sensing pressure applied by the patient when on a chair, and a transmitter circuit for transmitting second wireless signals; a toilet sensor pad comprising a pressure sensor for sensing pressure applied by the patient when on a toilet, and a transmitter circuit for transmitting third wireless signals; and a monitor having a receiver for receiving the first, second, and third wireless signals, the monitor generating a notification of patient movement in response to one of the first, second, and third wireless signals, wherein the monitor determines from the first, second, and third wireless signals whether one of the sensor pads sensed pressure and subsequently did not sense pressure and responds by generating notification of patient movement, and wherein the first, second, and third wireless signals include information from which the monitor may identify the type of sensor pad from which the first, second, and third wireless signals are sent, and wherein the monitor is configured to respond to wireless signals from only one bed sensor pad, only one chair sensor pad, and only one toilet sensor pad.
13. The patient movement notification system of claim 12, wherein the first, second, and third wireless signals include information from which the monitor may identify the type of sensor pad from which the first, second, and third wireless signals are sent, and wherein the monitor is configured to respond to wireless signals from only one bed sensor pad, only one chair sensor pad, and only one toilet sensor pad.
11. A patient movement notification system, comprising: a bed sensor pad comprising a pressure sensor for sensing pressure applied by a patient on a bed, and a transmitter circuit for transmitting first wireless signals; a chair sensor pad comprising a pressure sensor for sensing pressure applied by the patient when on a chair, and a transmitter circuit for transmitting second wireless signals; a toilet sensor pad comprising a pressure sensor for sensing pressure applied by the patient when on a toilet, and a transmitter circuit for transmitting third wireless signals; and a monitor having a receiver for receiving the first, second, and third wireless signals, the monitor generating a notification of patient movement in response to one of the first, second, and third wireless signals, wherein the monitor determines from the first, second, and third wireless signals whether one of the sensor pads sensed pressure and subsequently did not sense pressure and responds by generating notification of patient movement, and wherein the first, second, and third wireless signals include information from which the monitor may identify the type of sensor pad from which the first, second, and third wireless signals are sent, and wherein the monitor is configured to respond to wireless signals from only one bed sensor pad, only one chair sensor pad, and only one toilet sensor pad.
14. The patient movement notification system of claim 12 and further comprising an incontinence sensor pad comprising an incontinence sensor for sensing moisture due to incontinence, and a transmitter associated with the incontinence sensor pad for transmitting fourth wireless signals in response to the incontinence sensor, wherein the receiver receives the fourth wireless signals and the monitor generates a notification of incontinence in response to the fourth wireless signals, and wherein the fourth wireless signals include information from which the monitor may identify the type of sensor pad from which the fourth wireless signals are sent.
12. The patient movement notification system of claim 11 and further comprising an incontinence sensor pad comprising an incontinence sensor for sensing moisture due to incontinence, and a transmitter associated with the incontinence sensor pad for transmitting fourth wireless signals in response to the incontinence sensor, wherein the receiver receives the fourth wireless signals and the monitor generates a notification of incontinence in response to the fourth wireless signals, and wherein the fourth wireless signals include information from which the monitor may identify the type of sensor pad from which the fourth wireless signals are sent.
15. A notification system for providing patient movement notification and incontinence notification, the notification system comprising: a sensor pad comprising a pressure sensor for sensing pressure applied by a patient, and a transmitter circuit for transmitting a pressure signal; an incontinence sensor for sensing moisture due to incontinence; a transmitter associated with the incontinence sensor for transmitting a moisture detection signal in response to the incontinence sensor; and a monitor having a receiver for receiving the pressure signal from the sensor pad and the moisture detection signal, the monitor generating a notification of patient movement in response to the pressure signal if the pressure signal indicates that the patient is no longer applying pressure to the sensor pad, generates a notification of incontinence in response to receipt of the moisture detection signal, wherein the monitor comprises a hold input for allowing a patient caregiver to prevent generation of a notification of patient movement in response to the pressure signal from the sensor pad for a first predetermined time period after the hold input has been activated by the patient caregiver to allow the patient caregiver to temporarily remove the patient from the sensor pad, and wherein, when the hold input is activated, the monitor responds by preventing generation of a notification of incontinence for a second predetermined time period after the hold input has been activated by the patient caregiver.
13. A notification system for providing patient movement notification and incontinence notification, the notification system comprising: a sensor pad comprising a pressure sensor for sensing pressure applied by a patient, and a transmitter circuit for transmitting a pressure signal; an incontinence sensor for sensing moisture due to incontinence; a transmitter associated with the incontinence sensor for transmitting a moisture detection signal in response to the incontinence sensor; and a monitor having a receiver for receiving the pressure signal from the sensor pad and the moisture detection signal, the monitor generating a notification of patient movement in response to the pressure signal if the pressure signal indicates that the patient is no longer applying pressure to the sensor pad, generates a notification of incontinence in response to receipt of the moisture detection signal, wherein the monitor comprises a hold input for allowing a patient caregiver to prevent generation of a notification of patient movement in response to the pressure signal from the sensor pad for a first predetermined time period after the hold input has been activated by the patient caregiver to allow the patient caregiver to temporarily remove the patient from the sensor pad, and wherein, when the hold input is activated, the monitor responds by preventing generation of a notification of incontinence for a second predetermined time period after the hold input has been activated by the patient caregiver.
16. The notification system of claim 15, wherein after the first predetermined period of time has lapsed, the monitor responds to the pressure signal from the sensor pad by generating a notification of patient movement if the pressure signal first indicates that the patient is applying pressure to the sensor pad and then changes to indicate that the patient is no longer applying pressure to the sensor pad
15. The notification system of claim 13, wherein the monitor comprises a speaker for generating an audible alarm in response to a notification of patient movement, and wherein the speaker generates a vocal message or tone prior to lapsing of the first predetermined time period that indicates that the first predetermined time period is about to lapse.
17. The notification system of claim 15, wherein the monitor comprises a speaker for generating an audible alarm in response to a notification of patient movement, and wherein the speaker generates a vocal message or tone prior to lapsing of the first predetermined time period that indicates that the first predetermined time period is about to lapse.
18. The notification system of claim 15, wherein the sensor pad is a bed sensor pad, and the pressure sensor senses pressure applied by the patient on a bed, wherein the transmitter circuit transmits first pressure signals, wherein the notification system further comprises a chair sensor pad comprising a pressure sensor for sensing pressure applied by the patient when on a chair, and a transmitter circuit for transmitting second pressure signals, and wherein the receiver receives the first and second pressure signals, the monitor generating a notification of patient movement in response to one of the first and second pressure signals, and wherein the monitor determines from the first and second pressure signals whether one of the sensor pads sensed pressure and subsequently did not sense pressure and responds by generating notification of patient movement.
16. The notification system of claim 13, wherein the sensor pad is a bed sensor pad, and the pressure sensor senses pressure applied by the patient on a bed, wherein the transmitter circuit transmits first pressure signals, wherein the notification system further comprises a chair sensor pad comprising a pressure sensor for sensing pressure applied by the patient when on a chair, and a transmitter circuit for transmitting second pressure signals, and wherein the receiver receives the first and second pressure signals, the monitor generating a notification of patient movement in response to one of the first and second pressure signals, and wherein the monitor determines from the first and second pressure signals whether one of the sensor pads sensed pressure and subsequently did not sense pressure and responds by generating notification of patient movement.
19. The notification system of claim 18 and further comprising a toilet sensor pad comprising a pressure sensor for sensing pressure applied by the patient when on a toilet, and a transmitter circuit for transmitting third pressure signals, wherein the receiver receives the third pressure signals, the monitor generating a notification of patient movement in response to one of the first, second, and third pressure signals.
17. The notification system of claim 16 and further comprising a toilet sensor pad comprising a pressure sensor for sensing pressure applied by the patient when on a toilet, and a transmitter circuit for transmitting third pressure signals, wherein the receiver receives the third pressure signals, the monitor generating a notification of patient movement in response to one of the first, second, and third pressure signals.
20. The notification system of claim 19, wherein the first, second, and third pressure signals include information from which the monitor may identify the type of sensor pad from which the first, second, and third pressure signals are sent, and wherein the monitor is configured to respond to pressure signals from only one bed sensor pad, only one chair sensor pad, and only one toilet sensor pad.
18. The notification system of claim 17, wherein the first, second, and third pressure signals include information from which the monitor may identify the type of sensor pad from which the first, second, and third pressure signals are sent, and wherein the monitor is configured to respond to pressure signals from only one bed sensor pad, only one chair sensor pad, and only one toilet sensor pad.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent 5,844,488 to Musick discloses a bed sensor and alarm.
U.S. Patent 6,544,200 to Smith et al. discloses an electronic patient monitor with automatically configured alarm parameters.
U.S. Patent Publication 2004/0111045 to Sullivan et al. discloses devices and methods for passive patient monitoring.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAMESHANAND MAHASE whose telephone number is (571) 270-7223. The examiner can normally be reached on Monday- Friday 8:00AM - 5:00PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached on 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PAMESHANAND MAHASE/Examiner, Art Unit 2689
/DAVETTA W GOINS/Supervisory Patent Examiner, Art Unit 2689