DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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).
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Claims 29-32 and 34 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-5, 7, and 20 of U.S. Patent No. 10,881,871. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim the same subject matter.
The claim correspondence is as follows:
Claim
Application
10,881,871
29
Claim 29 (new): A method of remotely alerting a patient of a cardiac condition, the method comprising:detecting, by a wearable defibrillator that is being worn by a patient, a cardiac arrhythmia in the patient, wherein the wearable defibrillator includes one or more first response buttons;generating, using a first audio output device, a first audible alarm that notifies the patient that the wearable defibrillator has detected the cardiac arrhythmia and/or that the wearable defibrillator is about to deliver a therapeutic shock to treat the cardiac arrhythmia;transmitting a communication that relates to the cardiac arrhythmia from the wearable defibrillator to a remote device that includes a second audio output device and one or more second response buttons;generating, using the second audio output device, a second audible alarm that notifies the patient based on the communication; andwithholding delivery of treatment of the cardiac arrhythmia in response to actuation of either the one or more first response buttons on the wearable defibrillator or the one or more second response buttons on the remote device.
1. A remote communications system for providing enhanced communication with cardiac devices, comprising: a wearable defibrillator disposed on a torso of a patient comprising one or more buttons configured to be actuated by the patient to indicate that the patient is conscious, a speaker configured to communicate information to the patient relating to at least one of the wearable defibrillator and a detected cardiac arrhythmia, a wearable defibrillator transceiver configured to transmit the information, and a processor in communication with the speaker and the wearable defibrillator transceiver; and a remote device comprising a wireless transceiver for bi-directional wireless communication with the wearable defibrillator transceiver, the wireless transceiver configured to receive the information from the wearable defibrillator, at least one of a touch screen and a speaker disposed on the remote device and configured to output one or more messages, and a processor coupled to the touch screen and the wireless transceiver, the processor of the remote device configured to cause the remote device to provide to the patient via the at least one of the touch screen and the speaker disposed on the remote device at least one of an alarm, voice message, and prompt based on the received information. & 7. The system of claim 6, wherein actuation of either the one or more remote response buttons of the remote device or the one or more buttons of the wearable defibrillator causes the wearable defibrillator to withhold the imminent shock.
30
Claim 30 (new): The method of Claim 29, wherein the remote device includes a communication interface configured to communicate bidirectionally with the wearable defibrillator, the method further comprising the remote device receiving the communication via the communication interface.
1. A remote communications system for providing enhanced communication with cardiac devices, comprising: a wearable defibrillator disposed on a torso of a patient comprising one or more buttons configured to be actuated by the patient to indicate that the patient is conscious, a speaker configured to communicate information to the patient relating to at least one of the wearable defibrillator and a detected cardiac arrhythmia, a wearable defibrillator transceiver configured to transmit the information, and a processor in communication with the speaker and the wearable defibrillator transceiver; and a remote device comprising a wireless transceiver for bi-directional wireless communication with the wearable defibrillator transceiver, the wireless transceiver configured to receive the information from the wearable defibrillator, at least one of a touch screen and a speaker disposed on the remote device and configured to output one or more messages, and a processor coupled to the touch screen and the wireless transceiver, the processor of the remote device configured to cause the remote device to provide to the patient via the at least one of the touch screen and the speaker disposed on the remote device at least one of an alarm, voice message, and prompt based on the received information.
31
Claim 31 (new): The method of Claim 29, wherein the second audible alarm notifies the patient that the wearable defibrillator has detected the cardiac arrhythmia and/or that the wearable defibrillator is about to deliver the therapeutic shock to treat the cardiac arrhythmia.
2. The system of claim 1, wherein the information comprises a notification warning the patient of an imminent shock based upon the detected cardiac arrhythmia.
32
Claim 32 (new): The method of Claim 29, further comprising processing, by the remote device, the communication to identify a message to be communicated to the patient based upon a content of the communication.
3. The system of claim 1, wherein the received information comprises a code corresponding to the at least one of the alarm, voice message, and prompt. & 4. The system of claim 3, wherein the processor of the wearable defibrillator is configured to generate the code. & 5. The system of claim 3, wherein the code corresponds to the at least one of the alarm, voice message, and prompt stored in a message table in a memory of the remote device.
33
Claim 33 (new): The method of Claim 32, further comprising making a determination, by the remote device, whether the message is to be immediately communicated to the patient, wherein the second audible alarm is generated in response to making the determination.
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34
Claim 34 (new): The method of Claim 29, wherein the wearable defibrillator further comprises a harness having a pair of shoulder straps and a belt that is worn about a torso of the patient.
20. The system of claim 1, wherein the wearable defibrillator comprises a harness configured to be worn about the torso of the patient.
35
Claim 35 (new): The method of Claim 29, wherein the wearable defibrillator further comprises a plurality of ECG sensing electrodes that are configured to detect the cardiac arrhythmia in the patient.
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36
Claim 36 (new): The method of Claim 29, further comprising providing, by the wearable defibrillator, a notification relating to an operational status of the wearable defibrillator.
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37
Claim 37 (new): The method of Claim 36, further comprising making a determination, by the wearable defibrillator, whether or not the notification relating to the operational status of the wearable defibrillator is urgent.
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38
Claim 38 (new): The method of Claim 37, wherein the notification relating to the operational status of the wearable defibrillator that is urgent is:a notification that a defibrillator battery has a critically low charge; or a notification that the cardiac arrhythmia is undetectable.
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39
Claim 39 (new): The method of Claim 37, wherein:the wearable defibrillator further comprises a harness having a pair of shoulder straps and a belt that is worn about a torso of the patient; andthe notification relating to the operational status of the wearable defibrillator that is not urgent is a notification that the harness should be laundered.
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40
Claim 40 (new): The method of Claim 29, wherein the wearable defibrillator further comprises a plurality of ECG sensing electrodes that are configured to detect the cardiac arrhythmia in the patient, the method further comprising detecting that a predetermined quantity of the ECG sensing electrodes have lost contact with the patient such that the cardiac arrhythmia is undetectable.
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41
Claim 41 (new): The method of Claim 40, further comprising causing the first audio output device and/or the second audio output device to generate a falloff notification in response to detecting that the predetermined quantity of the ECG sensing electrodes have lost contact with the patient.
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42
Claim 42 (new): The method of Claim 40, further comprising storing a falloff notification in a memory of the wearable defibrillator in response to detecting that the predetermined quantity of the ECG sensing electrodes have lost contact with the patient.
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43
Claim 43 (new): The method of Claim 29, wherein the wearable defibrillator further comprises a plurality of ECG sensing electrodes that are configured to detect the cardiac arrhythmia in the patient, the method further comprising detecting a poor signal-to-noise ratio on one or more of the ECG sensing electrodes.
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44
Claim 44 (new): The method of Claim 29, wherein the wearable defibrillator includes a touch sensitive display, the method further comprising displaying, via the touch sensitive display, a message corresponding to the first audible alarm and/or the second audible alarm.
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45
Claim 45 (new): The method of Claim 44, wherein the one or more first response buttons and/or the one or more second response buttons are virtual buttons displayed on the touch sensitive display.
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46
Claim 46 (new): The method of Claim 29, wherein the wearable defibrillator further comprises a plurality of ECG sensing electrodes that are configured to detect the cardiac arrhythmia in the patient, the method further comprising detecting that a quantity of the ECG sensing electrodes that have lost contact with the patient does not prevent detection of the cardiac arrhythmia.
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47
Claim 47 (new): The method of Claim 29, wherein the wearable defibrillator further comprises a battery, the method further comprising:detecting a low battery charge condition in which the wearable defibrillator is still capable of detecting the cardiac arrhythmia; andin response to detecting the low battery charge condition, storing a low battery notification in a memory of the wearable defibrillator.
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48
Claim 48 (new): The method of Claim 29, wherein the wearable defibrillator further comprises a battery, the method further comprising:detecting a critically low battery charge condition in which the wearable defibrillator is incapable of detecting the cardiac arrhythmia; andin response to detecting the critically low battery charge condition, cause the first audio output device and/or the second audio output device to generate a critically low battery notification.
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Allowable Subject Matter
Claims 33 and 35-48 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.
Claims 29-48 would be allowed once the double patenting rejection is overcome.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not disclose nor suggest a wearable defibrillator with a first audible alarm that notifies the patient that an arrhythmia was detected and/or a therapeutic shock is about to be delivered, then sending a communication to a remote device that generates a second audible alarm that notifies the patient and withholding of the therapeutic shock if one or more first response buttons on the wearable defibrillator or remote device have been pressed.
The closest prior art to Fischell (US 7991460) discloses a device for detecting cardiac events but fails to disclose the claimed remote device and multiple audible alarms as claimed.
Conclusion
Related Art:
US 20190298208 A1 – wearable defibrillator
US 7991460 B2 – detecting cardiac events in a patient
US 20080306560 A1 – wearable defibrillator
US 20050177051 A1 – detecting cardiac events in a patient
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/TRAVIS R HUNNINGS/ Primary Examiner, Art Unit 2689
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