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 . This action is in response to Applicant Arguments/ Remarks Made in an Amendment received on February 25, 2026. Claims 21-28, 30-32, 34, and 36 are currently pending.
Response to Arguments
Applicant's arguments filed February 25, 2026 have been fully considered but they are not persuasive. West et al. (US Publication 2002/0013517) disclose a plurality of sensors (including 22, 80, 82, 83, and sensor assembly not shown [paragraph 0071]) connected to the physical infrastructure (i.e. found within the facility a physical infrastructure), the sensors capable of measuring a plurality of operating parameters associated with the surgical conditions of the operating room (i.e. the sensor assembly components are capable of connecting to items found within the operating room such as the bed, wheelchair, or support structure used for a surgical procedure [paragraph 0074]) In as much as applicant describes a physical infrastructure, the system’s devices are physically located within a physical location, i.e., a facility.
As to claim 28, there is no written description of an imaging device configured to read vitals from a vitals monitor in the operating room, and transmit vitals data based on the read vitals to the data module. At best, applicant describes an imaging sensor (42A) configured to identify and track movement of personnel within the room 40 [applicant’s specification paragraph 0075].
As to claim 32, there is no written description of an imaging device configured to record at least one of breathing rate, skin temperature, or activity displayed on a patient bed monitor as data. At best, applicant describes an imaging sensor (42A) configured to identify and track movement of personnel within the room 40 [applicant’s specification paragraph 0075].
As to claim 34, there is no written description of an environmental sensor configured to detect non-physiological, environmental parameters of the operating room. At best, applicant describes an environmental sensor (42a) that incorporates a standardized data protocol to transmit the environmental data measured by the thermostat to the data module 50 [paragraph 0083].
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.
Claims 21-28, 30-32, 34, and 36 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 21 recites the limitation "the physical infrastructure" in line 4. There is insufficient antecedent basis for this limitation in the claim. Claim 31 recites the limitation "the patient" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 32 recites the limitation "the at least one sensor" in lines 1 and 2. There is insufficient antecedent basis for this limitation in the claim.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 28, 30, 32, and 34 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. As to claim 28, there is no written description of an imaging device configured to read vitals from a vitals monitor in the operating room, and transmit vitals data based on the read vitals to the data module. At best, applicant describes an imaging sensor (42A) configured to identify and track movement of personnel within the room 40 [applicant’s specification paragraph 0075].
As to claim 32, there is no written description of an imaging device configured to record at least one of breathing rate, skin temperature, or activity displayed on a patient bed monitor as data. At best, applicant describes an imaging sensor (42A) configured to identify and track movement of personnel within the room 40 [applicant’s specification paragraph 0075].
As to claim 34, there is no written description of an environmental sensor configured to detect non-physiological, environmental parameters of the operating room. At best, applicant describes an environmental sensor (42a) that incorporates a standardized data protocol to transmit the environmental data measured by the thermostat to the data module 50 [paragraph 0083].
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 21, 22, 24, 25, 28-32, 34, and 36 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by West et al. (US Publication 2002/0013517), hereinafter “West”.
Regarding claim 21, West discloses an enhanced operating room capable of assessing surgical conditions ([paragraph 0037] describes the use of the system to monitor patients in a hospital, medical facility hospices, field hospital, etc.), the operating room comprising: a room for performing surgical procedures (see figure 1, the patient lying in a bed in a room); a plurality of sensors (including 22, 80, 82, 83, and sensor assembly not shown [paragraph 0071]) connected to the physical infrastructure (i.e. found within the facility a physical infrastructure), the sensors capable of measuring a plurality of operating parameters associated with the surgical conditions of the operating room (i.e. the sensor assembly components are capable of connecting and to items found within the operating room such as the bed, wheelchair, or support structure used for a surgical procedure [paragraph 0074]) and a data module (30, Figure 1) in communication with the sensors, the data module (30, figure 2) capable of receiving the data from the plurality of sensors ([paragraphs 0048-0048, and 0078] receives patient vital signs data from one or more patient monitors via physical data transport structure 32), the data module comprising memory for storing the received data ([paragraph 0047 and 0049] describes the processing module having at least one data storage database 40), and a processor (34, Figure1) capable of analyzing and processing the stored data([paragraph 0047] describes the processing module 34 having at least one processor not shown).
Regarding claim 22, West discloses wherein the plurality of sensors is integrated into a portion of a floor or wall of the room (i.e. the sensor is located on the floor [paragraph 0055]).
Regarding claim 24, West discloses wherein at least one sensor is a floor sensor(i.e. the sensor is located on the floor [paragraph 0055]).
Regarding claim 25, West discloses wherein the floor sensor is a single sensor or integrated into an array (i.e. the sensor is located on the floor or multiple floors [paragraph 0055]).
Regarding claim 28, West discloses wherein at least one sensor is a patient vital monitoring sensor (i.e. monitors a patient’s vital sign [paragraph 0062]).
Regarding claim 29, West discloses wherein the patient vital monitoring sensor comprises a scanner (52, Figure 2) to locate a vital monitor in the room and record vitals as data.
Regarding claim 30, West discloses wherein the data of the recorded vitals is accessible by an operator (i.e. physicians, nurses, or others access information concerning a patient [paragraph 0063]).
Regarding claim 31, West discloses wherein at least one sensor (22b,Figure 1) is a patient bed monitoring sensor [paragraph 0070], wherein the patient monitoring system comprising an imaging device (i.e. an image representing the vital signs data [paragraph 0082]) configured to detect at least one of movement (i.e. movement of the patient’s heart or heart rate or ECG sensor assembly [paragraph 0082] or thermal response of the patient, and transmit patient data based on the at least one of movement or thermal response of the patient to the data module.
Regarding claim 32, West discloses wherein the patient bed monitoring sensor comprises a scanner (80, Figure 5) to locate a monitor associated with a patient bed in the room, the patient bed monitoring sensor further capable of recording at least one of breathing rate, skin temperature, and activity displayed on the monitor as data [paragraph 0071].
Regarding claim 34, West discloses wherein at least one sensor is an environmental sensor [paragraphs 0053 and 0055].
Regarding claim 36, West discloses wherein the processor is capable of generating a performance report accessible by an operator (i.e. patient information stored on 40 may include information “report” related to each patient [paragraph 0049]), wherein the performance report includes the data that has been analyzed and processed.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over West et al. (US Publication 2002/0013517) in view of Sullivan et al. (US Publication 2004/0111045), hereinafter “Sullivan”.
Regarding claim 23, West fails to disclose wherein at least a portion of the sensors are located in a sensor pad coupled to the floor of the operating room.
However, Sullivan discloses medical monitoring sensors coupled to a flat surface or pad [paragraph 011].
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was made to modify the sensor located on the floor of West coupled to a pad as taught by Sullivan in order to easily positioned and secured to a surface.
Allowable Subject Matter
Claims 26 and 27 are 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 DIANA S JONES whose telephone number is (571)270-5963. The examiner can normally be reached Monday to Friday (8am to 4pm EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached at 571-272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Diana Jones/Examiner, Art Unit 3775
/KEVIN T TRUONG/Supervisory Patent Examiner, Art Unit 3775
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