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 .
DETAILED ACTION
Claims 1 is presented for examination.
Claim Rejections – Statutory Double Patenting
The following is a quotation of 35 U.S.C. 101 which forms the basis for the statutory double patenting rejection set forth in this Office action:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims of the present application are emboldened.
Claim 1 claims:
A notification system comprising:
a healthcare system operable to receive information about a configuration of a patient support;
a set of generic risks entered into the healthcare system, each generic risk having a risk type associated therewith;
an input to the healthcare system configured to allow a healthcare worker to select one generic risk of the generic risks and to assign the selected generic risk to a patient supported on the patient support, wherein a monitoring system automatically associates a patient support configuration with the patient supported on the patient support based on the generic risk assigned to the patient; and
the healthcare system generating a notification to a caregiver when the monitoring system detects when a configuration of the patient support deviates from the patient support configuration associated with the patient.
18/380,798 now U.S. 12,170,011
Claim 1 claims:
A notification system comprising:
a healthcare system operable to receive information about a configuration of a patient support;
a set of generic risks entered into the healthcare system, each generic risk having a risk type associated therewith;
an input to the healthcare system configured to allow a healthcare worker to select one generic risk of the generic risks and to assign the selected generic risk to a patient supported on the patient support, wherein a monitoring system automatically associates a patient support configuration with the patient supported on the patient support based on the generic risk assigned to the patient; and
the healthcare system generating a notification to a caregiver when the monitoring system detects when a configuration of the patient support deviates from the patient support configuration associated with the patient.
A comparison between the current claim and the claim of the copending parent application/patent shows the two claimed inventions to be identical.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAL EUSTAQUIO whose telephone number is (571)270-7229. The examiner can normally be reached on 8am-5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Brian Zimmerman, can be reached at (571) 272-3059. 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 lnformation 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 PAlR only. For more information about the PAlR system, see http:/lpair-direct.uspto.gov. Should you have questions on access to the Private PAlR 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 800-786-91 99 (IN USA OR CANADA) or 571-272-1000.
/CAL J EUSTAQUIO/Examiner, Art Unit 2686
/BRIAN A ZIMMERMAN/Supervisory Patent Examiner, Art Unit 2686