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 .
Claim Interpretation
The recitation of “a location manager” (claims 22, 26, 30, 32, 33, 35, 36-38, 40, 41) is interpreted as comprising the structural components of an application specific circuit (see instant specification pg. 14, lns. 13-14) or a software executed by a processor (see instant specification pg. 14, lns. 8-11).
Claim Rejections - 35 USC § 112(b)
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 23, 34, and 38 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.
Claims 23 and 34 contain the trademark/trade name “Bluetooth”. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a device that enables Bluetooth (wireless communication) and, accordingly, the identification/description is indefinite.
Claim 38 recites the limitation "another defibrillator data" in line 2. There is insufficient antecedent basis for this limitation in the claim. A “defibrillator data” has not been established, and, therefore, it is unclear which data is “another defibrillator data.” The possible data types considered to be “another defibrillator data” are unclear since “data” is not recited in claim 22. For examination purposes, it will be interpreted that multiple location data types are used to pinpoint the location.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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 22 is rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Brown et al. (US 20100017471 A1, "Brown").
Regarding claim 22, Brown teaches a system, comprising: a defibrillator (abstract: "A system includes a defibrillator"), comprising: a memory (para. [0024]: " In step 64, the defibrillator 12 records and turns the electrical signals into a graphic representation of the electrical activity."; “Records” suggests a memory for storing the recorded signal); one or more electrodes configured to be disposed on a patient and configured to sense a signal of the patient (para. [0024]: " In step 62, typically, a paramedic will attach leads, or electrodes, from the defibrillator 12 to various locations of the patient's body. A lead records the electrical signals of the heart. In step 64, the defibrillator 12 records and turns the electrical signals into a graphic representation of the electrical activity."); and one or more processors (para. [0010]: "The system includes means for acquiring the medical data, means for converting the medical data from an analog signal to a digital signal, means for transmitting the digital signal over the internet via a cellular network, means for receiving the digital signal from the internet, and means for converting the digital signal back to an analog signal for processing."; para. [0023]:"The hardware and/or software components may comprise a network server 20, or other suitable device for receiving and processing information from a network."; A processor is generic computer structure, and means for processing implies a processor is included. Additionally, the signals are acquired and recorded prior to processing, suggesting the processor is operatively coupled with the memory and electrodes) operatively coupled with the memory and the one or more electrodes, the one or more processors configured to analyze the sensed signals of the patient and detect one or more medical conditions based at least in part on the sensed signals (para. [0003] discloses that the process of diagnosing abnormal rhythm in the heart using the leads and electrodes for recording signals for an ECG on a defibrillator. Para. [0008] states that a defibrillator is included in the system, which includes a processor for performing this function. The processor ); and a location manager (para. [0023]: "network server 20, or other suitable device for receiving and processing information from a network…") configured to: receive location information (para. [0009]: "The present disclosure, in another embodiment, relates to a method for transmitting medical data from one location and receiving the medical data at another location. The method includes acquiring the medical data at a first location, converting the medical data from an analog signal to a digital signal, transmitting the digital signal from the first location to a second location over the internet via a cellular network, receiving the digital signal at the second location, and converting the digital signal back to an analog signal for processing."; para. [0016]: "The systems and methods described herein may utilize a network connection available in the ambulance for this purpose, as well as other purposes that may be useful, such as GPS location…") from a first location information source (Abstract: "method includes acquiring medical data at a first location…"), receive location information from one or more additional location information sources (para. [0021]: " For example, the EMS vehicle may have one or more computing devices 30, such as wireless enabled laptops, GPS units, video cameras, such as webcams, or medical devices other than an EKG that can transmit wired or wireless data in a format suitable for transmitting across a network. Each of these devices may be connected to the network via the network access point provided by the router 16."; There are multiple computing devices in connection with the router 16 in Fig. 1), the one or more additional location information sources being different from the first location information source (computing devices 20 are different than that of the defibrillation device), estimate a location of the defibrillator based at least in part on the location information from the first location information source and the location information from the one or more additional location information sources (para. [0017]: "For example, the systems and methods described herein may be used to transmit data from, for example but not limited to, a GPS unit."; A GPS unit works by estimating a location based on information transmitted from a source.), and communicate the estimated location of the defibrillator (para. [0016]: "The systems and methods described herein may utilize a network connection available in the ambulance for this purpose, as well as other purposes that may be useful, such as GPS location, feed transmission from a video camera, such as a webcam, transmission of data from one or more mobile computing devices or other medical devices, etc.") to a remote system (Fig. 1, router 16 and modem 18).
Claim Rejections - 35 USC § 103
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.
Claims 22-26, 27, 30, 32-36, 37, 39, and 41 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (US 20090322513 A1, "Hwang") in view of Brown et al. (US 20100017471 A1, "Brown").
Regarding claim 22, Hwang teaches a system (Abstract: “A medical emergency reporting system…”) comprising: a memory (claim 1: "It will compare the measurements against the threshold levels stored or pre-programmed in its memory"); one or more electrodes configured to be disposed on a patient and configured to sense a signal of the patient (para. [0036]: " Each person will be assigned two wearable monitoring devices, [1] in FIG. 1, with each device containing the same identification code, and a battery charger [12] in FIG. 3. The pulse rate sensor [8], calibrated temperature sensor [9], EKG sensors…"; an EKG is a type of electrode); and one or more processors (claim 1: "a wearable monitoring device contains data processing"; para. [0026]: "The block diagram in FIG. 4 describes the design of the monitoring device [1] and interconnection with the various sensors, such as EKG [11] and blood pressure [10] via wireless approach, that complete the monitoring and processing of the health parameters of a person as well as transmitting the data to a remote monitoring center through a relaying transceiver device and the Internet."; "Processing" implies the existence of a processor.) operatively coupled with the memory and the one or more electrodes (see claim 1, which describes the data processing by comparing the measured physiological parameters to a threshold stored in the memory.), the one or more processors configured to analyze the sensed signals of the patient and detect one or more medical conditions based at least in part on the sensed signals (claim 1 describes the comparison of a measured physiological parameter to a threshold, which is a type of analysis. It also determines an "abnormality" (claim 1) and sends an alert, which is a type of medical condition.); and a location manager (claim 1: "a wearable monitoring device contains data processing and controlling as well as radio frequency transceiver/antenna circuitries"; The circuitries for the processor, the transmitter, and the software implemented therein are considered the "location manager.") configured to: receive location information from a first location information source (para. [0027]: "first [13, 14, 15] and second tiers relaying transceivers"), receive location information from one or more additional location information sources (para. [0042]: "Furthermore, a wearable monitoring device can have a GPS receiver added to provide a redundant location data to the remote monitoring center."), the one or more additional location information sources being different from the first location information source (transceivers are different than the additional GPS), estimate a location of the defibrillator based at least in part on the location information from the first location information source and the location information from the one or more additional location information sources (para. [0032]: "FIG. 10 shows how signal strength received by a first tier relaying transceiver will be used to determine the radius [21] where the subject can be located. By combining the signal strength measured by multiple relaying transceivers, a person's location can be pin pointed." para. [0042]: "Furthermore, a wearable monitoring device can have a GPS receiver added to provide a redundant location data to the remote monitoring center."; The GPS data is additional, redundant information, but still is used to estimate the location), and communicate the estimated location of the defibrillator to a remote system (remote monitoring center; para. [0042]: "As illustrated in FIG. 10, the data processor of the remote monitoring center will be able to determine the location of the wearable monitoring device by the fixed locations of two or more relaying transceivers… Furthermore, a wearable monitoring device can have a GPS receiver added to provide a redundant location data to the remote monitoring center."). However, Hwang does not explicitly disclose where the system comprises a defibrillator.
Brown, in the same field of endeavor of medical alerts and reporting, discloses a system for sending physiological data reports to a remote facility. Brown discloses where the system comprises a defibrillator (Abstract: "The present disclosure relates to systems and methods for providing improved medical care. A system includes a defibrillator…"; para. [0002]: “The present disclosure relates to systems and methods for transmitting medical data. More particularly, the present disclosure relates to systems and methods for transmitting electrocardiogram ("EKG") or defibrillator data.”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Hwang to include a defibrillator device, as disclosed by Brown. One of ordinary skill in the art would have recognized that a defibrillator is a type of device that records physiological data to treat abnormal conditions, and that a defibrillator would be effective for treating a patient with a detected abnormality. One of ordinary skill in the art would recognize that combining the defibrillator system of Brown with the system of Hwang would improve the emergency medical response, and thus treatment of patients with heart abnormalities by sending EKG data to a remote location prior to a patient’s arrival to a hospital (see Brown para. [0004]). Thus, it would have been obvious to combine the systems of Brown and Hwang.
Regarding claim 23, Hwang, in combination with Brown, discloses the system of claim 22 (see above). Hwang further discloses wherein the first location information source comprises at least one of: a global positioning system, a wireless location area network access point, a separate medical device different from the medical device, a BlueTooth enabled device, and a radio-frequency identification device. (para. [0042]: “Furthermore, a wearable monitoring device can have a GPS receiver added to provide a redundant location data to the remote monitoring center.”).
Regarding claim 24 and 25, Hwang, in combination with Brown, discloses the system of claim 22 (see above). Hwang further discloses wherein the one or more processors are configured to determine whether an emergency situation exists based on the detected one or more medical conditions. (para. [0033]: " A wearable physiological measurement device, as shown in FIG. 1, is employed in this invention as the key of providing continuous monitoring of a person's health condition. This wearable monitoring device periodically and wirelessly transmits the measured results along with its unique identification code to a remote monitoring center for archiving. It will also automatically issue emergency or abnormality alerts when any measurement exceeds pre-programmed thresholds."; The device detects a condition when detected physiological parameters meet a threshold). Hwang further discloses wherein the one or more processors are configured to communicate the estimated location of the defibrillator to the remote system based at least in part on the determination of whether the emergency situation exists. (Abstract: "A medical emergency reporting system and methodology that utilize a wearable monitoring device to continuously monitor key physiological parameters of a person, and when measurements exceed programmed threshold levels, it will automatically issue a medical emergency alert along with location information to a remote monitoring center via a wireless network and the Internet for immediate local response.").
Regarding claim 26 and 27, Hwang, in combination with Brown, discloses the system of claim 22 (see above). Hwang further discloses wherein the location manager is configured to communicate data indicative of the signal of the patient to the remote system via the network interface (para. [0022]: “This invention presents a system (hardware and operating software) and methodology to provide continuous monitoring of key physiological parameters of a person by means of wearable sensors for issuing automatic medical emergency alerts along with location information to a remote monitoring center via a wireless network and the Internet for immediate local response.”), and wherein the data communicated to the remote system concerning the signal of the patient comprises data concerning the one or more medical conditions (para. [0033]: “The remote monitoring center will archive any measurements corresponding to each person that is within the normal range, but it will flash any abnormality or emergency alert on a monitoring screen with associated support information, as illustrated in FIGS. 7 and 8, for the monitoring personnel to respond immediately. A local ambulatory firm and/or resident response personnel will be integral to this setup. They will be notified via phone or text message on the name and position of the person in need of assistance, type of emergency (probable diagnosis), medical data and history of the person as well as the latest physiological measurements.”).
Regarding claim 30, Hwang, in combination with Brown, discloses the system of claim 22 (see above). However, Hwang does not expressly disclose wherein the location manager is physically coupled to the defibrillator.
Brown discloses wherein the location manager is physically coupled to the defibrillator (para. [0019]: “The hardware and/or software components located on, for example, an EMS vehicle, e.g., ambulance, may comprise a defibrillator 12, such as but not limited to the Physio-Control Lifepak 12 by Medtronic.RTM., or other device capable of providing data to be transmitted from the EMS vehicle. The defibrillator 12 may include a modem or may be otherwise capable of dialing out and sending a transmission of an analog signal representative of the EKG. The analog signal may be sent from the defibrillator 12 to a gateway device 14.”; The hardware and software are considered broadly to be location managers, and is physically coupled with the defibrillator. Additionally, the gateway device and router work to transmit signals).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Hwang to include a defibrillator device with hardware for processing and transmitting signals, as disclosed by Aoyama. One of ordinary skill in the art would have recognized that the coupling location hardware to the defibrillator device would have been an obvious improvement in that the system of Hwang would be able to transmit the location of the emergency to a medical response team. This would improve the transmission time and response time of the medical response team, and therefore, it would have been advantageous to include this feature in the system of Hwang.
Regarding claim 32, Hwang, in combination with Brown, discloses the system of claim 22 (see above). Hwang further discloses wherein the location manager is configured to communicate physiological data and/or environmental data separately from the estimated location to the remote system. (para. [0033]: “ The remote monitoring center will archive any measurements corresponding to each person that is within the normal range, but it will flash any abnormality or emergency alert on a monitoring screen with associated support information, as illustrated in FIGS. 7 and 8, for the monitoring personnel to respond immediately.”; para. [0042]: “Consequently, this invention not only provides medical emergency alerts with preliminary diagnosis, up-to-moment physiological measurement data and medical history of the person, but also accurate location of the person in need of assistance while allowing full freedom of movement to the person under monitoring.” The physiological data is separate from the location data and continuously monitored and archived.)
Regarding claim 33, Hwang, in combination with Brown, discloses the system of claim 22 (see above). Hwang further discloses wherein the location manager is configured to receive location information from the at least a first information source and the one or more additional location information sources (para. [0042]: "When a first tier relaying transceiver [13, 14, and 15] relays the signals from a wearable monitoring device, it will also transmit its own assigned unique identification codes and the signal strength index of the signals received…Furthermore, the movement track of the person, [22] in FIG. 10, recorded from previous signal transmissions is also plotted on the monitoring screen to provide complete accuracy (based on distance covered per unit of time and direction of travel) in determining the location of the person. (first location information source)…Furthermore, a wearable monitoring device can have a GPS receiver added to provide a redundant location data to the remote monitoring center. (additional information)"; The transceiver is the first location information and GPS data is additional location information.) by being configured to: receive first location information from the first location information source using a first location technology (para. [0042]; transceiver technology); and receive second location information from the one or more additional location information sources using a second location technology (para. [0042]: GPS technology), wherein the first location technology is different from the second location technology. (GPS and transceiver technology are different methods of determining location).
Regarding claim 34, Hwang, in combination with Brown, discloses the system of claim 33 (see above). Hwang further discloses wherein the first location technology and the second location technology are selected from a group of location technologies consisting of: a global positioning system (para. [0042]: “Furthermore, a wearable monitoring device can have a GPS receiver added to provide a redundant location data to the remote monitoring center.”), a wireless location area network access point, a separate defibrillator different from the defibrillator, a Bluetooth enabled device, and a radio-frequency identification (para. [0042]: “When a first tier relaying transceiver [13, 14, and 15] relays the signals from a wearable monitoring device, it will also transmit its own assigned unique identification codes.”) device.
Regarding claim 35, Hwang, in combination with Brown, discloses the system of claim 33 (see above). Hwang further discloses wherein the location manager is configured to estimate the location of the defibrillator by being configured to: determine an area within which the defibrillator is located based on the first location information; and refine the area within which the defibrillator is located based on the second location information. (para. [0032]: "FIG. 10 shows how signal strength received by a first tier relaying transceiver will be used to determine the radius [21] where the subject can be located. By combining the signal strength measured by multiple relaying transceivers, a person's location can be pin pointed. Furthermore, the prior locations of this person determined by his/her prior transmissions (the resulting track as represented by [22] can add to the accuracy of locating the person."; The data from prior location transmissions help refine the location by increasing accuracy.).
Regarding claim 36, Hwang, in combination with Brown, discloses the system of claim 22 (see above). Hwang further discloses wherein the received location information is received from a wireless location area network access point, and the location manager is configured to estimate the location of the defibrillator by comparing the received location information with a database of access point locations. (para. [0017]: "Jacobsen uses only GPS for location determination, while the present invention uses a combination of signal strength measurements and historical movement data method through access points of a Wireless Local Area Network (WLAN), in addition of having a backup GPS method. This ensures accuracy and reliability in location determination. ." Historical movement data is considered to be a database. Hwang is teaching that their device defers from Jacobsen by including WLAN).
Regarding claim 37, Hwang, in combination with Brown, discloses the system of claim 36 (see above). Hwang further discloses wherein the location manager is further configured to estimate the location of the defibrillator by measuring a signal strength received from the wireless location area network access point. (para. [0006]: "A third method is using a fixed array of radio frequency transceivers (integrated receivers and transmitters) distributed over a specific area to form a wireless local area network (WLAN) to relay signals wirelessly from a mobile device to a specific point, such as to a monitoring center or a gateway to the Internet, which in turn transmits the signal to a remote monitoring center. By using either time of arrival or signal strength of a mobile device reaching a distributed transceiver, the location of the mobile device can be determined.").
Regarding claim 39, Hwang, in combination with Brown, discloses the system of claim 22 (see above). Hwang further discloses wherein the one or more additional location information sources are ranked below the first location information source in an organized hierarchy of location information sources. (para. [0039]: "The first tier relaying transceivers, [callouts 13, 14, 15] in FIG. 6, first compares the received signal strength with the five or more preset strength levels stored within to assign a strength index; it will then retransmit the received signal string along with the strength index and its own identification code (to constitute the key factors for the data processor at the remote monitoring center to calculate the location of the wearable monitoring device/person) at a different power level and frequency, such as 315 MHz, for long distance transmission to a second tier relaying transceiver [16] (which is tuned only to receive the transmission frequency of the first tier transceivers) or directly to an Internet gateway device [17]. Again, the second tier relaying transceiver and the Internet gateway device will conduct a similar hand-shake procedure as described in previous paragraph to ascertain the accuracy of the data received as well as matching with the source."; The transceiver signal strength (location information) of each transceiver is ranked in a tiered strength index to determine location.).
Regarding claim 41, Hwang, in combination with Brown, discloses the system of claim 22 (see above). Hwang further discloses wherein the location manager is implemented in hardware. (Abstract: "a wearable monitoring device to continuously monitor key physiological parameters of a person, and when measurements exceed programmed threshold levels, it will automatically issue a medical emergency alert along with location information to a remote monitoring center via a wireless network and the Internet for immediate local response."; A threshold programmed into the device that, when exceeded, sends an emergency signal implies that a software is included in the digital processing and transceiver circuitry (which is considered to be hardware) (see para. [0023])).
Claims 28 and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (US 20090322513 A1, "Hwang"), Brown et al. (US 20100017471 A1, "Brown"), and Aoyama et al. (US 20130304147 A1, "Aoyama").
Regarding claim 28, Hwang, in combination with Brown, discloses the system of claim 22 (see above). However, neither reference discloses a motion sensor or an accelerometer, wherein the one or more processors are further configured to monitor patient activity detected by the motion sensor or accelerometer.
Aoyama, in the same field of endeavor of health monitoring networks, discloses a defibrillator device for treating cardiac arrythmias. Aoyama discloses a motion sensor or an accelerometer, wherein the one or more processors are further configured to monitor patient activity detected by the motion sensor or accelerometer. (para. [0230]: "In an alternative embodiment, the utility module may further include a motion sensor (not shown) configured to detect a change in position of the utility module relative to its surroundings. Illustratively, the motion sensor is an accelerometer. ").
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Hwang to include an accelerator in the defibrillator device, as disclosed by Aoyama. One of ordinary skill in the art would have recognized that an accelerometer would be able to detect changes in motion, which would be advantageous in proving coaching specific directions that advantageously provide defibrillation. This would optimize the performance of the instructions and delivery of treatment as the accelerometer could provide information about the position of the defibrillator (see Aoyama para. [0230-0231]). Thus, it would have been an obvious improvement to include an accelerometer in a defibrillation device in the system of Hwang.
Regarding claim 31, Hwang, in combination with Brown, discloses the system of claim 22 (see above). However, neither reference discloses wherein the one or more processors are configured to cause the one or more electrodes to deliver one or more therapeutic shocks to the patient when the one or more medical conditions are detected.
Aoyama discloses wherein the one or more processors are configured to cause the one or more electrodes to deliver one or more therapeutic shocks to the patient when the one or more medical conditions are detected. (para. [0060]: "One mode of operation of the defibrillator part may be that of an automated defibrillator, which can determine whether a shock is needed and, if so, charge to a predetermined energy level and instruct the user to administer the shock.").
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Hwang to include a defibrillator device for delivering electric shock therapy, as disclosed by Aoyama. One of ordinary skill in the art would have recognized that therapeutic shocks are effective in treating detected arrythmias from an ECG. Therefore, it would’ve been obvious to include this feature in the system of Hwang to improve and enhance treatment capabilities for detected medical conditions, including arrythmias.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (US 20090322513 A1, "Hwang"), Brown et al. (US 20100017471 A1, "Brown"), and Markel (US 20120136231 A1).
Regarding claim 29, Hwang, in combination with Brown, discloses the system of claim 22 (see above). Although Hwang discloses a speaker (para. [0025]: “In further embodiments, an indicator may be used by the server 20 to indicate that a signal, or data, has been received. For example, when an EKG is received, the server 20 may further include an indicator light or LED that can turn on, blink, etc., an alarm or other tone that can be emitted, the server 20 may vibrate, or vibrate a device operably coupled to it or able to receive a signal from the server, such as a pager or an RF or infrared receiver, etc., and/or any other suitable indication device, or any combination thereof."), Brown does not expressly disclose wherein the one or more processors are further configured to issue an audible alarm via the speaker when the one or more medical conditions are detected. (Brown’s speaker operates when a signal is received.)
Markel, in the same field of endeavor of cardiovascular monitoring, discloses a garment system with cardiovascular monitoring. Markel discloses a speaker, wherein the one or more processors are further configured to issue an audible alarm via the speaker when the one or more medical conditions are detected (para. [0130]: "Sub-step 1255 may, for example, comprise providing an alert to a user (e.g., the garment wearer) of the system implementing the method 1200. Such alert may, for example, be an audio alert, video alert and/or physical/tactile alert. For example, in an exemplary scenario in which sub-step 1251 analyzes ECG information and identifies a potential emergency situation, sub-step 1255 may comprise outputting an alert to the user."; Step 1255 comes after ECG signals are obtained and analyzed for cadiac conditions (para. [0106]: "Such analysis may, for example, comprise analyzing the ECG information in light of various cardiac pathologies. Such pathologies may, for example and without limitation, comprise various ischemic diseases, acute coronary syndrome (ischemic chest pain), acute myocardial infarction (heart attacks), arrhythmias tachyarrhythmias (fast rate disturbances), bradyarrhythmias (slow rate disturbances), etc.").
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Hwang to include a speaker and audible alert for notifying the user of medical condition detection, as disclosed by Markel. One of ordinary skill in the art would have recognized that an audible alert can be used to notify a user of a medical emergency. As disclosed in Markel, in cardiovascular fatal incidents, many individuals have no prior knowledge (see para. [0006] of Markel). Therefore, it would have been obvious to use an audible alert when a medical condition or emergency is detected to alert the user, as Markel does. It would have been an obvious improvement to the system of Hwang to include this feature to alert the user of adverse cardiac events.
Claim 38 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (US 20090322513 A1, "Hwang"), Brown et al. (US 20100017471 A1, "Brown"), and Ozluturk (US 20050186967 A1).
Regarding claim 38, Hwang, in combination with Brown, discloses the system of claim 22 (see above). However, neither reference expressly discloses wherein the location manager is configured to wirelessly communicate with another defibrillator data descriptive of the estimated location of the defibrillator.
Ozluturk, in the same field of endeavor of wireless data transmission, discloses a portable device to update positional location information from a GPS receiver. Ozluturk discloses where location data is used with GPS data (i.e., multiple location data types are used to find a location of a device (para. [0038]: "For this reason, the base station 14 may augment GPS data with other location data.").
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the defibrillator of Brown to include multiple location data types, as disclosed by Ozluturk, and then implement the defibrillator in the system of Hwang. One of ordinary skill in the art would recognize that increasing the location data used can improve the reliability of the location signal. As discussed in para. [0038], some locations may not have a good RF signal connection. Thus, it would have been obvious to one of ordinary skill in the art to include location data from multiple sources as a fallback option in the case that the location signal is poor from one location transmission type. Thus, including multiple location data for a defibrillating device would have been obvious to include in the defibrillator of Brown and the system of Hwang.
Claim 40 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (US 20090322513 A1, "Hwang"), Brown et al. (US 20100017471 A1, "Brown"), and Moshfeghi (US 20130143595 A1).
Regarding claim 40, Hwang, in combination with Brown, discloses the system of claim 22 (see above). However, neither reference expressly discloses a remote system, wherein the remote system comprises a database of coordinates for one or more of the one or more location information sources, and the location manager is configured to query the database to determine the location of the one or more location information sources.
Moshfeghi, in the same field of endeavor of accurately determining location information, discloses a system for determining a device user’s location. Moshfeghi discloses wherein a remote system comprises a database of coordinates for one or more of the one or more location information sources, and the location manager is configured to query the database to determine the location of the one or more location information sources. (para. [0063]: "Some embodiment use scanning receivers to gather channel characterization data (such as shown in FIG. 3 or parameters derived from the channel) at various positions and to store them in a reference database…Then, when searching through the reference database, these characteristics will match the measurements taken by scanning receivers at location.").
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Hwang to include a database of coordinates used to determine the location of a device user. One of ordinary skill in the art would recognize that using a database of coordinates is a known technique for determining a device location. One would also recognize that this technique is effective in locating a wireless device, as disclosed by Moshfegh (see para. [0008] of Moshfegh). Thus, it would have been obvious to incorporate this technique for locating a position into the system of Hwang, is also concerned with determining a device’s location, and Moshfegh demonstrates successfully determining a location wirelessly by using a database of coordinates.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OWEN LEWIS MARSH whose telephone number is (571)272-8584. The examiner can normally be reached 7:30am – 5pm (M-Th) and 8am – noon (F).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer McDonald can be reached at (571) 270-3061. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/O.L.M./Examiner, Art Unit 3796
/CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796
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