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 .
Election/Restrictions
Applicant has elected Group 2, claims 32-42. The restriction is hereby made Final.
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.
Regarding claim 34, the phrase "optionally" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Objections
Claims 33-41 are objected to because of the following informalities: they are all written as dependent from cancelled claim 12. The claims will be examined as if they depended upon claim 32. Appropriate correction is required.
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.
Claim(s) 32, 33, 38, 39, 41, 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hajdenberg (US 20180165944) in view of Koblasz (US 20090051545).
Regarding claim 32, (New) A hand hygiene compliance monitoring system comprising: a plurality of sanitization units, each comprising a proximity sensor and a dispense sensor; (“In particular, the system 100 and methods may include utilizing a phone-paired reader that interacts with radio frequency identification (RFID) and/or near-field communication (NFC)-tagged doorways 120, 134, wash stations 130, dispensers 125, or other similar areas or devices to ensure that users are adhering to hygiene-related practices” Hajdenberg: paragraph 17, “The prompt may be delivered to the first user device 102 in response to detecting that the first user device 102 and/or the reader 110 are in proximity to the area, such as by GPS, based on detection of the reader's 110 radio frequency field, or based on other means.” Hajdenberg: paragraph 42 & “Once the integrated circuit 128 of the second tag 126 is activated, the second tag 126 may communicate with the readers 110, 115 and transmit any information stored within the second tag 126 to the readers 110, 115, such as by utilizing antenna 127. For example, the information that may be transmitted may be information that identifies the second tag 126 (e.g. an identifier, such as a numeric or string-based identifier), identifies the dispenser 125, identifies a hygiene-related procedure needed for an area beyond the location of the dispenser 125, identifies statistics associated with the use of the second tag 126 (e.g. how often the second tag 126 has been scanned), information identifying how much soap or cleaning solution is dispensed from the dispenser 125, any other information, or a combination thereof” Hajdenberg: paragraph 31)
a central server configured to receive data from the sanitization units, the data including proximity events, dispenser activations, and alarm activations; (“The system and methods may also communicate information obtained from such interactions to servers that may analyze the information and provide meaningful reports on the users' hygiene” Hajdenberg: paragraph 6 & “In certain embodiments, the database 155 may be connected to servers 140, 145, 160, first user device 102, second user device 106, the readers 110, 115, any other device or system, or any combination thereof. The database 155 may also store information and metadata obtained from the system 100, store media content, store metadata and other information associated with the first and second users 101, 105, store user profiles associated with the first and second users 101, 105, store device profiles associated with the first user device 102, the second user device 106, and/or any other device in the system 100, store location information, store communications traversing the system 100, store information associated with any device or signal in the system 100, store information relating to patterns of usage relating to the first and second user devices 102, 106, store information utilized for identifying communications network 135, store any type of demographic information associated with the first and second users 101, 105, store email account information for the first and second users 101, 105, store any data obtained or transmitted by the readers 110, 115, store any data received or transmitted from the tags 122, 126, 131, 150, store time difference criteria specified by the first and second users 101, 105 or others, store threshold values associated with hygiene-related actions that trigger alerts, store hygiene scores for the first and second users 101, 105, store information identifying the tags 122, 126, 131, 150, store information identifying the readers 110, 115, store reports generated by the system 100, store information identifying how many times a user went into a particular area in comparison to the amount of times that the user performed a hygiene-related action, store any type of alert, store any information traversing the system 100, or any combination thereof. Furthermore, the database 155 may be configured to process queries sent to it by any device in the system 100” Hajdenberg: paragraph 41)
at least one electronic tag associated with a person or asset, the at least one electronic tag comprising a location sensor and a wireless communication module; (“In particular, the system 100 and methods may include utilizing a phone-paired reader that interacts with radio frequency identification (RFID) and/or near-field communication (NFC)-tagged doorways 120, 134, wash stations 130, dispensers 125, or other similar areas or devices to ensure that users are adhering to hygiene-related practices” & “For example, the information that may be transmitted may be information that identifies the second tag 126 (e.g. an identifier, such as a numeric or string-based identifier), identifies the dispenser 125, identifies a hygiene-related procedure needed for an area beyond the location of the dispenser 125, identifies statistics associated with the use of the second tag 126” Hejdenberg: paragraph 31)
wherein the central server is configured to: correlate proximity events and dispenser activations to determine compliance with hand hygiene protocols; (“The prepared reports may indicate which users are effectively performing hygiene-related actions, which critical areas are lacking in hygiene-related compliance, which areas are frequented by the most users, which tags are scanned most often and least often, any other information, or any combination thereof. As a result, the system and methods provide a novel way for increasing hygiene compliance, increasing the cleanliness of critical areas, and reducing the occurrence of unsanitary conditions.” Hejdenberg: paragraph 8)
store and analyze historical compliance data to identify patterns, trends, and outlier events; (“The system and methods may also communicate information obtained from such interactions to servers that may analyze the information and provide meaningful reports on the users' hygiene” Hajdenberg: paragraph 6 & “In certain embodiments, the database 155 may be connected to servers 140, 145, 160, first user device 102, second user device 106, the readers 110, 115, any other device or system, or any combination thereof. The database 155 may also store information and metadata obtained from the system 100, store media content, store metadata and other information associated with the first and second users 101, 105, store user profiles associated with the first and second users 101, 105, store device profiles associated with the first user device 102, the second user device 106, and/or any other device in the system 100, store location information, store communications traversing the system 100, store information associated with any device or signal in the system 100, store information relating to patterns of usage relating to the first and second user devices 102, 106, store information utilized for identifying communications network 135, store any type of demographic information associated with the first and second users 101, 105, store email account information for the first and second users 101, 105, store any data obtained or transmitted by the readers 110, 115, store any data received or transmitted from the tags 122, 126, 131, 150, store time difference criteria specified by the first and second users 101, 105 or others, store threshold values associated with hygiene-related actions that trigger alerts, store hygiene scores for the first and second users 101, 105, store information identifying the tags 122, 126, 131, 150, store information identifying the readers 110, 115, store reports generated by the system 100, store information identifying how many times a user went into a particular area in comparison to the amount of times that the user performed a hygiene-related action, store any type of alert, store any information traversing the system 100, or any combination thereof. Furthermore, the database 155 may be configured to process queries sent to it by any device in the system 100” Hajdenberg: paragraph 41)
and modify operational parameters of sanitization units or electronic tags based on compliance analytics or external commands. (“In certain embodiments, if the reports indicate that a particular user washes their hands on a regular or threshold basis before entering a particular area, the system 100 may reduce the frequency of the alerts or even eliminate the alerts entirely if the hygiene score for the user is above a certain threshold. However, if the user's hygiene score starts to slip, the alerts may be restarted and sent again to the mobile device of the user until the user's hygiene score is high enough again. In certain embodiments, the intensity, frequency, and type of alert may be adjusted in real-time based on the user's current hygiene score. For example, if first user 101 has a hygiene score that is below a certain threshold, the alerts outputted by the first user device 102 or the reader 110 may include both audible and visual alerts. However, if the second user 105 has a hygiene score that is above a certain threshold, the system 100 may cause only one type of alert to be outputted, such as the visual alert.” Hejdenberg: paragraph 54)
The claimed generate and transmit alerts to selected sanitization units or electronic tags in response to detected non-compliance is not specifically disclosed by Hejdenberg. Koblasz discloses a hand-washing compliance system that teaches using indicators on dispensers (“The soap dispenser 104 may additionally include one or more lights 810 or other visual indicators. Depending on the color, brightness, or flashing pattern of the light 810, it may be used for any type of notification purposes. Examples include but are not limited to highlighting the soap dispenser 104 upon detecting an entry into the patient care room 102, indicating that an identity comparison of the person washing his hands to a person entering the patient care room 102 has been successfully completed, indicating that the person attempting to wash his or her hands has or has not dispensed a proper quantity of soap, indicating that sufficient washing time has been completed prior to rinsing, indicating a potential imposter, illuminating a person utilizing the soap dispenser 104 so that the camera 809 can record a high-quality image, or any combination thereof.” Koblasz: paragraph 74). Modifying Hejdenberg to include indicators on the dispensers would increase the overall safety of the system by providing the user with additional reminders to wash their hands. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Hejdenberg according to Koblasz.
Regarding claim 33, (New) The system of claim 12, wherein the at least one electronic tag comprises a GPS sensor. (“the communications network 135 may include any number of antennae, transceivers, digital signal processors, control electronics, GPS receivers, electrical power sources, radio equipment, and electronics equipment to create a cell for the communications network 135.” Hejdenberg: paragraph 38, “The prompt may be delivered to the first user device 102 in response to detecting that the first user device 102 and/or the reader 110 are in proximity to the area, such as by GPS” Hejdenberg: paragraph 42 & “In order to accomplish the foregoing, the system 100 and methods may include having a user (e.g. first user 101) utilize a mobile device, such as a smartphone, that is capable of wirelessly communicating with a peripheral wearable RFID/NFC reader 110, 115 (i.e. scanner).” Hejdenberg: paragraph 18)
Regarding claim 38, (New) The system of claim 12, wherein the central server coordinates behavior between a sanitization unit outside a room and a sanitization unit inside the room such that either unit can provide credit for a successful hygiene interaction. (“Once the integrated circuit 133 of the third tag 131 is activated, the third tag 131 may communicate with the readers 110, 115 and transmit any information stored within the third tag 131 to the readers 110, 115, such as by utilizing antenna 132. For example, the information that may be transmitted may be information that identifies the third tag 131 (e.g. an identifier, such as a numeric or string-based identifier), identifies the washing station 130 itself, identifies a hygiene-related procedure needed for an area beyond the location of the washing station 130, identifies statistics associated with the use of the third tag 131 (e.g. how often the third tag 131 has been scanned), information identifying how often and how long the washing station 130 is utilized by users, any other information, or a combination thereof. The integrated circuits 112, 117 of the first and second readers 110, 115 may process the information and transmit the information to the first and/or second user devices 102, 106 and/or to the servers 140, 145 of the communications network 135 for further processing and/or handling. In certain embodiments, when the third tag 131 is scanned by either the first or second reader 110, 115, the system 100 may perform any number of actions. For example, when the third tag 131 is scanned by the first reader 110, information from the third tag 131 may be sent to the first reader 110, which may then be transmitted to an application executing on the first user device 102 and to the servers 140, 145. In an exemplary scenario, the servers 140, 145 may process the information and may transmit a signal containing information to the first user device 102, which may be displayed on a graphical user interface of the application executing on the first user device 102. The information, for example, may indicate that the first user 101 has washed his or her hands and that the first user 101 may enter a particular area.” Hejdenberg: paragraph 33)
Regarding claim 39, (New) The system of claim 12, wherein the central server modulates issuance of alerts based on a detected frequency of entries or exits from a room. (“In certain embodiments, if the reports indicate that a particular user washes their hands on a regular or threshold basis before entering a particular area, the system 100 may reduce the frequency of the alerts or even eliminate the alerts entirely if the hygiene score for the user is above a certain threshold. However, if the user's hygiene score starts to slip, the alerts may be restarted and sent again to the mobile device of the user until the user's hygiene score is high enough again. In certain embodiments, the intensity, frequency, and type of alert may be adjusted in real-time based on the user's current hygiene score. For example, if first user 101 has a hygiene score that is below a certain threshold, the alerts outputted by the first user device 102 or the reader 110 may include both audible and visual alerts. However, if the second user 105 has a hygiene score that is above a certain threshold, the system 100 may cause only one type of alert to be outputted, such as the visual alert.” Hejdenberg: paragraph 54 & “The report may indicate the first user's 101 hygiene score, which may indicate the number of times the user went into a particular area in comparison to the number of times the user actually performed a particular hygiene-related action. Additionally, the report may identify the first user 101, identify ways in which the first user 101 may improve hygiene, and indicate which areas that the first user 101 has accessed or attempted to access. Furthermore, the report may indicate how he compares to other users in the system 100, such as second user 105, who, in this example, may be a nurse or another physician. The reports may be transmitted to the first user device 102 and be accessed by the application executing on the first user device 102. The information in the report may be displayed to the first user 101 via an interface of the first user device 102. Notably, the system 100 may generate reports for each user in the system 100, and may adjust the alerts and types of alerts sent to the users based on their individual reports and hygiene scores.” Hejdenberg: paragraph 44)
Regarding claim 41, (New) The system of claim 12, wherein the units further comprise an alarm. (“The soap dispenser 104 may additionally include one or more lights 810 or other visual indicators. Depending on the color, brightness, or flashing pattern of the light 810, it may be used for any type of notification purposes. Examples include but are not limited to highlighting the soap dispenser 104 upon detecting an entry into the patient care room 102, indicating that an identity comparison of the person washing his hands to a person entering the patient care room 102 has been successfully completed, indicating that the person attempting to wash his or her hands has or has not dispensed a proper quantity of soap, indicating that sufficient washing time has been completed prior to rinsing, indicating a potential imposter, illuminating a person utilizing the soap dispenser 104 so that the camera 809 can record a high-quality image, or any combination thereof.” Koblasz: paragraph 74)
Regarding claim 42, the claim is interpreted and rejected as claim 32 stated above.
Claim(s) 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hejdenberg in view of Koblasz and further in view of Seyed (US 20100117836).
Regarding claim 34, (New) The system of claim 12, wherein the at least one electronic tag comprises an accelerometer and optionally a gyroscope is not specifically disclosed by Hejdenberg and Koblasz. Seyed discloses a hand washing compliance system that teaches wearable monitor units including accelerometers (“In some embodiments, the sensors include an accelerometer, thermometer, microphone, elevation meter, pressure meter, motion sensor, global positioning device, gyroscope, blood pressure monitor, heart rate monitor, muscle activity monitor (electromyographic (EMG) sensors, Mechanomyographic (MMG) sensors), skin conductance sensor.” Seyed: paragraph 121). Modifying Hejdenberg and Koblasz to include an accelerometer would increase the functionality of the system by providing additional data for tracking users and their hygiene compliance. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Hejdenberg and Koblasz according to Seyed.
Claim(s) 36, 37 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hejdenberg in view of Koblasz and further in view of Official Notice.
Regarding claim 36, (New) The system of claim 12, wherein the wireless communication module operates in a low-power beacon mode and a commanded high-power mode responsive to detected motion or to a command from the central server is not specifically disclosed by Hejdenberg and Koblasz. Examiner takes Official Notice that it would have been well known to one of ordinary skill in the art at the time of invention to use a low-power or sleep mode for a communication device. Modifying Hejdenberg and Koblasz to use a low-power/sleep mode would have increased the overall utility of the system by providing the means to save power. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Hejdenberg and Koblasz according to Official Notice.
Regarding claim 37, (New) The system of claim 12, wherein the central server is further configured to transmit notifications to a third-party computing system is not specifically disclosed by Hejdenberg and Koblasz. Examiner takes Official Notice that it would have been well known to one of ordinary skill in the art at the time of invention to communicate with additional external computing systems. Modifying Hejdenberg and Koblasz to communicate with a third-party computing system would have increased the overall utility of the system by providing detected hygiene data to additional sources. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Hejdenberg and Koblasz according to Official Notice.
Claim(s) 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hejdenberg in view of Koblasz and further in view of Cross (US 11348443).
Regarding claim 40, (New) The system of claim 12, wherein the central server adjusts operational parameters based on a detected status of a patient associated with a room is not specifically disclosed by Hejdenberg and Koblasz. Cross discloses a hand-washing compliance system that teaches basing compliance on the status of the patient in the room (“In another example, if a health care worker enters into a room that has a contact precautions status based on, for example, a patient with C-diff, an opportunity will be logged for the entry event and a second will be logged for the exit event. If the healthcare worker obtains a dose of soap upon entering the room, a dispense event will be logged and used in the determination of the compliance metric.” Cross: column 12, lines 59-65). Modifying Hejdenberg and Koblasz to change compliance based on patient status would increase the overall utility of the system by providing the user with means to adjust hygiene based on need. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Hejdenberg and Koblasz according to Cross.
Allowable Subject Matter
Claim 35 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and the claim objections are corrected.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not disclose nor suggest measuring the acceleration in order to determine an approximate speed of an electronic tag carried by a user has moved beyond a predetermined distance from a sanitization unit.
Conclusion
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/TRAVIS R HUNNINGS/ Primary Examiner, Art Unit 2689
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