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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. DE102024100941.1, filed on 12th January, 2025.
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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2 and 6-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1, 3-6, and 11-16 of respectively of copending Application No. 19/016,188. Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 is determined to be obvious in light of Claims 1 and 11-12 of copending Application No. 19/016,188 based on the reasons below for having similar limitations.
Instant Application 19/016,539 Claim 1
19/016,188 Claims 1, 11, 12
1. A medical system, comprising: a patient monitoring unit configured to record a vital sign of a patient; a portable display which can be worn on the head of a user and which, when worn, provides a user with an at least substantially unobstructed view of an environment within a field of view of the user, wherein the portable display is configured, when worn, to display a piece of vital information in the field of view of the user which relates to the one vital sign;
1. A medical system, comprising: a patient monitoring unit configured to record a vital sign of a patient; a portable display which can be worn on the head of a user and which, when worn, provides a user with an at least substantially unobstructed view of an environment within a field of view of the user, wherein the portable display is configured, when worn, to display a piece of vital information in the field of view of the user which relates to the one vital sign; and a procedure step detection unit configured to determine at least one procedure step parameter describing which step of a plurality of steps of a procedure to be performed by the user on the patient the user is currently performing; wherein the portable display is configured to display and/or not display the vital information on the basis of the procedure step parameter.
and a patient condition detection unit configured to determine at least one patient condition parameter relating to a current vital condition of the patient;
11. The medical system as set forth in claim 1, further including: a patient condition detection unit configured to determine at least one patient condition parameter relating to a current vital condition of the patient.
wherein the portable display is configured to either display or not display the vital information on the basis of the patient condition parameter.
12. The medical system as set forth in claim 11, wherein the portable display is configured to either display or not display the vital information on the basis of the procedure step parameter and the patient condition parameter
Although the claims at issue are not identical, they are not patentably distinct from each other. For example, Claim 1 of 19/016,0188 discloses “A medical system, comprising: a patient monitoring unit configured to record a vital sign of a patient;” “a portable display which can be worn on the head of a user and which, when worn, provides a user with an at least substantially unobstructed view of an environment within a field of view of the user, wherein the portable display is configured, when worn, to display a piece of vital information in the field of view of the user which relates to the one vital sign;” While Claim 1 of 19/016,539 discloses “a patient condition detection unit configured to determine at least one patient condition parameter relating to a current vital condition of the patient”, it is not identical as Claim 1 of 19/016,188; however, Claim 11 of 19/016,188 then discloses “a patient condition detection unit configured to determine at least one patient condition parameter relating to a current vital condition of the patient.” Furthermore, Claim 12 discloses “the portable display is configured to either display or not display the vital information on the basis of the procedure step parameter and the patient condition parameter. Therefore, the combination of Claims 1 and 11-12 of 19/016,188 discloses all of the limitations of Claim 1 in 19/016,539.
Claim 2 is determined to be obvious in light of Claim 13 of copending Application No. 19/016,188 based on reasons below for having similar limitations.
Instant Application 19/016,539 Claim 2
19/016,188 Claim 13
2. The medical system as set forth in claim 1, wherein the portable display is configured to display the vital information if the at least one patient condition parameter is within a critical range, and wherein the portable display is configured not to display the vital information if the at least one patient condition parameter is not within the critical range.
13. The medical system as set forth in claim 12, the portable display is configured to, when the patient condition parameter indicates a critical vital condition of the patient, either display or not display the vital information independently of the procedure step parameter.
Claim 2 of the instant application discloses a patient condition parameter being used to determine when to display vital information (i.e., only display vital information when the patient condition parameter is within a critical range). Although Claim 13 of copending Application 19/016,188 does not disclose a critical range, it does recite that “when the patient condition parameter indicates a critical vital condition of the patient, either display or not display the vital information independently of the procedure step parameter.” Both description of the claims are substantively similar in that both describe a critical condition parameter that is used to control the display of vital information. Therefore, Claim 2 of instant Application 19/016,539 and Claim 13 of copending Application 19/016,188 are not patentably distinct.
Claim 6 is determined to be obvious in light of Claim 3 of copending Application No. 19/016,188 based on the reasons below for having similar limitations.
Instant Application 19/016,539 Claim 6
19/016,188 Claim 3
6. The medical system as set forth in claim 1, wherein the portable display is configured to visually enhance the vital information displayed on the basis of the patient condition parameter.
3. The medical system as set forth in claim 1, wherein the portable display is configured to visually enhance the vital information displayed on the basis of the procedure step parameter.
Claim 6 of the instant application recites a visual enhancement of displayed vital information based on the patient condition parameter. Claim 3 of copending Application 19/016,188 recites near identical functional language, except for the procedure step parameter condition. Since substituting one parameter for another is considered to be an obvious variation, Claim 6 of instant Application 19/016,539 and Claim 3 of copending Application 19/016,188 are not patentably distinct.
Claim 7 is determined to be obvious in light of Claim 4 of copending Application No. 19/016,188 based on reasons below for having similar limitations.
Instant Application 19/016,539 Claim 7
19/016,188 Claim 4
7. The medical system as set forth in claim 1, wherein the portable display is configured to enlarge the vital information displayed on the basis of the patient condition parameter.
4. The medical system as set forth in claim 1, wherein the portable display is configured to enlarge the vital information displayed on the basis of the procedure step parameter.
Claim 7 of the instant application recites an enlargement of displayed vital information based on the patient condition parameter. Claim 4 of copending Application 19/016,188 recites near identical functional language, except for the procedure step parameter condition. Since substituting one parameter for another is considered to be an obvious variation, Claim 7 of instant Application 19/016,539 and Claim 4 of copending Application 19/016,188 are not patentably distinct.
Claim 8 is determined to be obvious in light of Claim 5 of copending Application No. 19/016,188 based on reasons below for having similar limitations.
Instant Application 19/016,539 Claim 8
19/016,188 Claim 5
8. The medical system as set forth in claim 1, wherein the portable display is configured to display the vital information displayed in a manner in which it flashes, at least in part, on the basis of the patient condition parameter.
5. The medical system as set forth in claim 1, wherein the portable display is configured to display the vital information so as to flash, at least in part, on the basis of the procedure step parameter.
Claim 8 of the instant application recites flashing vital information on the portable display based on the patient condition parameter. Claim 5 of copending Application 19/016,188 recites near identical functional language, except for the procedure step parameter condition. Since substituting one parameter for another is considered to be an obvious variation, Claim 8 of instant Application 19/016,539 and Claim 5 of copending Application 19/016,188 are not patentably distinct.
Claim 9 is determined to be obvious in light of Claim 6 of copending Application No. 19/016,539 based on reasons below for having similar limitations.
Instant Application 19/016,539 Claim 9
19/016,188 Claim 6
9. The medical system as set forth in claim 1, wherein the portable display is configured to display the vital information independently of a viewing direction of the user.
6. The medical system as set forth in claim 1, wherein the portable display is configured to display the vital information independently of a viewing direction of the user.
Claim 9 of the instant application and Claim 6 of copending Application 19/016,188 recite identical claim language, and therefore are not patentably distinct from each other.
Instant Application 19/016,539 Claim 10
19/016,188 Claim 14
10. The medical system as set forth in claim 1, wherein the portable display can be integrated into optical corrective glasses.
14. The medical system as set forth in claim 1, wherein the portable display can be integrated into optical corrective glasses.
Claim 10 is determined to be obvious in light of Claim 14 of copending Application No. 19/016,188 based on reasons below for having similar limitations.
Claim 10 of the instant application and Claim 14 of copending Application 19/016,188 recite identical claim language, and therefore are not patentably distinct from each other.
Claim 11 is determined to be obvious in light of Claim 15 of copending Application No. 19/016,188 based on reasons below for having similar limitations.
Instant Application 19/016,539 Claim 11
19/016,188 Claim 15
11. A portable display configured to communicate with a patient monitoring unit, the patient monitoring unit configured to record a vital sign of a patient, the portable device configured to worn on the head of a user and, when worn, provides a user with an at least substantially unobstructed view of an environment within a field of vision of the user, wherein the portable display is configured to display a vital information which relates to the vital sign, within the field of vision of the user when worn, the portable display comprising: a patient condition detection unit configured to determine at least one patient condition parameter relating to a current vital condition of the patient; wherein the portable display is configured to either display or not display the vital information on the basis of the patient condition parameter.
15. The portable display, in particular for the medical system, as set forth in claim 1, which can be worn on the head of a user and which, when worn, provides a user with an at least substantially unobstructed view of an environment within a field of view of the user, wherein the portable display is configured, when worn, to display vital information within the field of view of the user which relates to the one vital sign; and includes a procedure step detection unit configured to determine at least one procedure step parameter describing which step of a plurality of steps of a procedure to be performed by the user on the patient the user is currently performing; wherein the portable display is configured to display and/or not display the vital information on the basis of the procedure step parameter.
Claim 11 of the instant application recites similar functional language to Claim 1 in that it describes a portable display that communicates with a patient monitoring unit, be a part of the wearable headset device and include a patient condition detection unit that displays vital information to the display based on the patient condition parameter. Claim 15 of copending Application 19/016,188 recites similar functional limitations, including the same portable display that is a part of the wearable headset device and display vital information of the patient based on the procedure parameter. Since swapping one parameter for another to trigger identical functions is considered to be an obvious variation, Claim 11 of instant Application 19/016,539 and Claim 15 of copending Application 19/016,188 are not patentably distinct.
Claim 12 is determined to be obvious in light of Claim 16 of copending Application No. 19/016,188 based on reasons below for having similar limitations.
Instant Application 19/016,539 Claim 12
19/016,188 Claim 16
12. A method carried out by means of the medical system set forth in claim 1, comprising the steps of:
recording a vital sign of a patient;
displaying vital information, which relates to the vital sign, within the field of view of the user by means of the portable display when the display is being worn;
determining a patient condition parameter relating to a current vital condition of the patient;
and displaying or not displaying the vital information on the basis of the patient condition parameter.
16. A method, in particular carried out by means of the medical system set forth in claim 1, comprising the steps of:
recording a vital sign of a patient; displaying vital information, which relates to the vital sign, within the field of view of the user by means of the portable display when the display is being worn;
determining a procedure step parameter that describes which step of a plurality of steps of a procedure to be performed by the user on the patient the user is currently performing; and displaying or not displaying the vital information on the basis of the procedure step parameter.
Claim 12 of the instant application is a method claim that recites similar functional language to Claim 1 in that it describes recording the vital sign of the patient and displaying vital information based on the patient condition parameter. Claim 16 of copending Application 19/016,188 recites similar functional limitations, including the recording of vital information and displaying vital information based on the procedure step parameter. Since swapping one parameter for another to trigger identical functions is considered to be an obvious variation, Claim 12 of instant Application 19/016,539 and Claim 16 of copending Application 19/016,188 are not patentably distinct.
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 1-3 and 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kaul et al. (US 20190302460 A1), hereinafter referenced as Kaul, in view of Wang et al. (US 20240215930 A1), hereinafter referenced as Wang.
Regarding Claim 1, Kaul teaches a medical system (Kaul, [0021]: teaches a system <read on medical system> that displays patient medical information on an augmented reality (AR) headset), comprising:
a patient monitoring unit configured to record a vital sign of a patient (Kaul, [0054]: teaches a unitized patient-worn biomedical sensing system <read on patient monitoring unit> that is used to obtain real-time biomedical data <read on vital sign of patient> as shown in FIG. 2);
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a portable display which can be worn on the head of a user and which, when worn, provides a user with an at least substantially unobstructed view of an environment within a field of view of the user (Kaul, [0021]: teaches a wearable AR headset 120 <read on portable display> that displays patient medical information to a user, such as a physician; FIG. 4 teaches an example situation of a physician wearing the AR headset 120, where the environment is in the physician's field of view; Note: Paragraph [0040] of the specification defines a "substantially unobstructed view of an environment" as "the user can view the environment without significant disturbances or limitations," where "the environment can be viewed without disturbing elements and/or distractions, allowing the user to apply natural viewing behavior"), wherein
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the portable display is configured, when worn, to display a piece of vital information in the field of view of the user which relates to the one vital sign (Kaul, [0067]: teaches the physician being close enough to a patient, where the system detects the patient and automatically populates the AR display with at least some patient data <read on piece of vital information> as shown in FIG. 4); and
a patient condition detection unit configured to determine at least one patient condition parameter relating to a current vital condition of the patient (Kaul, [0062]: teaches unitized patient wearable sensors (i.e., vital sign monitoring sensors) <read on patient condition detection unit> comprising of one or more ambulatory patient wearable sensors, such as an ECG sensor, pulse oximeter, and pulse monitor or oscillometric blood pressure monitor, where the patient's vital information is collected in real-time; [0130]: teaches the system monitoring the patient's physiological and physical parameters <read on patient condition parameter> in real-time, such as heart rates (pulse rate) <read on current vital condition>, blood pressure, breathing rate, patient positional information, patient oxygen levels (
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saturation), patient temperature, and patient weight as shown in FIG. 6); wherein
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[[the portable display is configured to either display or not display the vital information on the basis of the patient condition parameter.]]
However, Kaul does not expressly disclose
the portable display is configured to either display or not display the vital information on the basis of the patient condition parameter.
Wang discloses
the portable display is configured to either display or not display the vital information on the basis of the patient condition parameter (Wang, [0045]: teaches alarm information <read on vital information> being automatically displayed on display 130 in a pop-up manner within a patient state window "when the patient state analysis result <read on patient condition parameter> indicate that there is an abnormality in the patient").
Wang is analogous art with respect to Kaul because they are from the same field of endeavor, namely monitoring vital signs of a patient. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to implement a popup notification alarm system as part of an AR UI system whenever a patient's vital sign becomes abnormal as taught by Wang into the teaching of Kaul. The suggestion for doing so would allow the user (i.e., a physician) to immediately recognize the current issue, where informative and relevant data is presented to the user, thereby improving the workflow process that results in a safer and successful outcome for the patient. Therefore, it would have been obvious to combine Wang with Kaul.
Regarding Claim 11, it recites the limitations that are similar in scope to Claim 1, but in a portable display. As shown in the rejection, the combination of Kaul and Wang discloses the limitations of Claim 1. Additionally, Kaul discloses a portable display configured to communicate with a patient monitoring unit (Kaul, [0059]: teaches the AR headset <read on portable display> communicating with the patient-worn biomedical sensors <read on patient monitoring unit>)…
Thus, Claim 11 is met by Kaul according to the mapping presented in the rejection of Claim 1, given the medical system corresponds to a portable display.
Regarding Claim 2, the combination of Kaul and Wang discloses the medical system of Claim 1. Kaul does not expressly disclose the limitations of Claim 2; however, Wang discloses wherein the portable display is configured to
display the vital information if the at least one patient condition parameter is within a critical range (Wang, [0050]: teaches displaying the alarm information <read on vital information> in the alarm area in the patient state window when the patient state is abnormal <read on patient condition parameter being within critical range>; Note: the alarm information includes more vital information than the patient state window), and wherein
the portable display is configured not to display the vital information if the at least one patient condition parameter is not within the critical range (Wang, [0050]: teaches the alarm information only being shown when the patient state is abnormal, which indicates that the patient state is normal <read on patient condition parameter not being within critical range> and doesn't cause the alarm information to popup).
Wang is analogous art with respect to Kaul because they are from the same field of endeavor, namely monitoring vital signs of a patient. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to implement a popup notification alarm system as part of an AR UI system whenever a patient's vital sign becomes abnormal as taught by Wang into the teaching of Kaul. The suggestion for doing so would allow the user (i.e., a physician) to immediately recognize the current issue, where informative and relevant data is presented to the user, thereby improving the workflow process that results in a safer and successful outcome for the patient. Therefore, it would have been obvious to combine Wang with Kaul.
Regarding Claim 3, the combination of Kaul and Wang discloses the medical system of Claim 1. Kaul does not expressly disclose the limitations of Claim 3; however, Wang discloses wherein the portable display comprises
an alarm device configured to alert the user if the at least one patient condition parameter is within a critical range (Wang, [0030]: teaches a preset alarm condition that is triggered whenever a vital sign parameter of the patient (i.e., the patient state) <read on patient condition parameter> exceeds a preset threshold (i.e., an abnormal event) <read on within critical range>; Note: it should be noted that although an alarm device is not explicitly stated, the medical system is capable of producing an alarm, which would require logic to generate an alert, which is interpreted to be a form of an alarm device).
Wang is analogous art with respect to Kaul because they are from the same field of endeavor, namely monitoring vital signs of a patient. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to implement a popup notification alarm system as part of an AR UI system whenever a patient's vital sign becomes abnormal as taught by Wang into the teaching of Kaul. The suggestion for doing so would allow the user (i.e., a physician) to immediately recognize the current issue, where informative and relevant data is presented to the user, thereby improving the workflow process that results in a safer and successful outcome for the patient. Therefore, it would have been obvious to combine Wang with Kaul.
Regarding Claim 9, the combination of Kaul and Wang discloses the medical system of Claim 1. Additionally, Kaul further discloses wherein the portable display is configured to
display the vital information independently of a viewing direction of the user (Kaul, [0071]: teaches the ability to enable showing patient information <read on vital information> when the user (i.e., the physician) is looking at the patient based on a viewing direction, which is being interpreted as patient information being anchored in the real-world environment, which is being interpreted as vital information being displayed independently from the user's viewing direction).
Regarding Claim 10, the combination of Kaul and Wang discloses the medical system of Claim 1. Additionally, Kaul further discloses wherein
the portable display can be integrated into optical corrective glasses (Kaul, [0040]: teaches the AR headset <read on portable display> comprising eyeglasses <read on optical corrective glasses> that can display computer-generated bit-mapped graphics).
Regarding Claim 12, the combination of Kaul and Wang discloses the medical system of Claim 1. Additionally, Kaul further discloses a method carried out by means of the medical system set forth in claim 1 (Kaul, [0021]: teaches a method for displaying patient medical information on an AR headset by a user (i.e., a physician)), comprising the steps of:
recording a vital sign of a patient (Kaul, [0054]: teaches obtaining real-time biomedical data <read on vital sign> of a patient as shown in FIG. 2);
displaying vital information, which relates to the vital sign, within the field of view of the user by means of the portable display when the display is being worn (Kaul, [0067]: teaches the physician being close enough to a patient, where the system detects the patient and automatically populates the AR display with at least some patient data <read on vital information> as shown in FIG. 4);
determining a patient condition parameter relating to a current vital condition of the patient (Kaul, [0130]: teaches the system monitoring the patient's physiological and physical parameters <read on patient condition parameter> in real-time, such as heart rates (pulse rate) <read on current vital condition>, blood pressure, breathing rate, patient positional information, patient oxygen levels (
O
2
saturation), patient temperature, and patient weight as shown in FIG. 6); and
[[displaying or not displaying the vital information on the basis of the patient condition parameter.]]
However, Kaul does not expressly disclose
displaying or not displaying the vital information on the basis of the patient condition parameter.
Wang discloses
displaying or not displaying the vital information on the basis of the patient condition parameter (Wang, [0045]: teaches a patient state window <read on vital information> being automatically displayed on display 130 in a pop-up manner "when the patient state analysis result <read on patient condition parameter> indicate that there is an abnormality in the patient").
Wang is analogous art with respect to Kaul because they are from the same field of endeavor, namely monitoring vital signs of a patient. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to implement a popup notification alarm system as part of an AR UI system whenever a patient's vital sign becomes abnormal as taught by Wang into the teaching of Kaul. The suggestion for doing so would allow the user (i.e., a physician) to immediately recognize the current issue, where informative and relevant data is presented to the user, thereby improving the workflow process that results in a safer and successful outcome for the patient. Therefore, it would have been obvious to combine Wang with Kaul.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kaul et al. (US 20190302460 A1), hereinafter referenced as Kaul, in view of Wang et al. (US 20240215930 A1), hereinafter referenced as Wang as applied to Claim 3 above respectively, and further in view of Freeman et al. (US 20190282324 A1), hereinafter referenced as Freeman.
Regarding Claim 4, the combination of Kaul and Wang discloses the medical system of Claim 3. The combination of Kaul and Wang does not expressly disclose the limitations of Claim 4; however, Freeman discloses wherein the portable display is configured to
alert the user by means of a vibration alarm (Freeman, [0204]: teaches the augmented reality device 120 including a vibration motor 148 that provides vibration feedback <read on vibration alarm> to the acute care provider <read on user>).
Freeman is analogous art with respect to Kaul, in view of Wang because they are from the same field of endeavor, namely monitoring vital information of a patient through an augmented reality device. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to implement a vibration motor in the headset to provide vibration feedback as taught by Freeman into the teaching of Kaul, in view of Wang. The suggestion for doing so would allow for vibrations to be associated with alarms, thereby informing the user (i.e., a physician) of an abnormality of a patient, thus providing a safer outcome for the patient. Therefore, it would have been obvious to combine Freeman with Kaul, in view of Wang.
Claims 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Kaul et al. (US 20190302460 A1), hereinafter referenced as Kaul, in view of Wang et al. (US 20240215930 A1), hereinafter referenced as Wang as applied to Claims 3 and 1 above respectively, and further in view of Muhsin et al. (US 20210251538 A1), hereinafter referenced as Muhsin.
Regarding Claim 5, the combination of Kaul and Wang discloses the medical system of Claim 3. The combination of Kaul and Wang does not expressly disclose the limitations of Claim 5; however, Muhsin discloses wherein the portable display is configured to
alert the user by means of an acoustic alarm signal (Muhsin, [0172]: teaches physiological parameters <read on patient condition parameter>, such as pulse rate (PR) and SpMet (methemoglobin) parameters, being in an alarm condition, which triggers an audible alarm sound <read on acoustic alarm signal>).
Muhsin is analogous art with respect to Kaul, in view of Wang because they are from the same field of endeavor, namely monitoring vital information of a patient, such as heart rate. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to implement, as augmented reality UI elements, a plurality of alarm conditions based on one or more physiological parameters that changes form (e.g., flashing, changing color, etc.) when triggered as taught by Muhsin into the teaching of Kaul, in view of Wang. The suggestion for doing so would allow the user to immediately understand the severity of the alarm and identify what type of health indicator is associated with said alarm. Therefore, it would have been obvious to combine Muhsin with Kaul, in view of Wang.
Regarding Claim 6, the combination of Kaul and Wang discloses the medical system of Claim 1. The combination of Kaul and Wang does not expressly disclose the limitations of Claim 6; however, Muhsin discloses wherein the portable display is configured to
visually enhance the vital information displayed on the basis of the patient condition parameter (Muhsin, [0146]: teaches the dial of a health indicator (i.e., pulse rate) <read on vital information> being implemented to change its visual appearance based on the current physiological parameter measurement level <read on patient condition parameter>, such as changing from green to yellow to red, being enlarged, and moving to the center of the display <read on visually enhance vital information>).
Muhsin is analogous art with respect to Kaul, in view of Wang because they are from the same field of endeavor, namely monitoring vital information of a patient, such as heart rate. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to implement, as augmented reality UI elements, a plurality of alarm conditions based on one or more physiological parameters that changes form (e.g., flashing, changing color, etc.) when triggered as taught by Muhsin into the teaching of Kaul, in view of Wang. The suggestion for doing so would allow the user to immediately understand the severity of the alarm and identify what type of health indicator is associated with said alarm. Therefore, it would have been obvious to combine Muhsin with Kaul, in view of Wang.
Regarding Claim 7, the combination of Kaul and Wang discloses the medical system of Claim 1. The combination of Kaul and Wang does not expressly disclose the limitations of Claim 7; however, Muhsin discloses wherein the portable display is configured to
enlarge the vital information displayed on the basis of the patient condition parameter (Muhsin, [0146]: teaches the dial of a health indicator (i.e., pulse rate) <read on vital information> being implemented to change its visual appearance based on the current physiological parameter measurement level <read on patient condition parameter>, such as enlarging the respective health indicator).
Muhsin is analogous art with respect to Kaul, in view of Wang because they are from the same field of endeavor, namely monitoring vital information of a patient, such as heart rate. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to implement, as augmented reality UI elements, a plurality of alarm conditions based on one or more physiological parameters that changes form (e.g., flashing, changing color, etc.) when triggered as taught by Muhsin into the teaching of Kaul, in view of Wang. The suggestion for doing so would allow the user to immediately understand the severity of the alarm and identify what type of health indicator is associated with said alarm. Therefore, it would have been obvious to combine Muhsin with Kaul, in view of Wang.
Regarding Claim 8, the combination of Kaul and Wang discloses the medical system of Claim 1. The combination of Kaul and Wang does not expressly disclose the limitations of Claim 8; however, Muhsin discloses wherein the portable display is configured to
display the vital information displayed in a manner in which it flashes, at least in part, on the basis of the patient condition parameter (Muhsin, [0146]: teaches the dial of a health indicator (i.e., pulse rate) <read on vital information> being implemented to change its visual appearance based on the current physiological parameter measurement level <read on patient condition parameter>, such as flashing the respective health indicator).
Muhsin is analogous art with respect to Kaul, in view of Wang because they are from the same field of endeavor, namely monitoring vital information of a patient, such as heart rate. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to implement, as augmented reality UI elements, a plurality of alarm conditions based on one or more physiological parameters that changes form (e.g., flashing, changing color, etc.) when triggered as taught by Muhsin into the teaching of Kaul, in view of Wang. The suggestion for doing so would allow the user to immediately understand the severity of the alarm and identify what type of health indicator is associated with said alarm. Therefore, it would have been obvious to combine Muhsin with Kaul, in view of Wang.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ali-Ali et al. (US 20240136060 A1) discloses a patient monitoring hub that monitors vital signs and other parameters relating to heart function;
Boesen (US 20180353130 A1) discloses determining a status of a user utilizing wireless earpieces to perform sensor measurements of the user;
Shluzas et al. (US 20220301666 A1) discloses a hands-free system that captures and records patient treatment and physiological data in critical care environments;
Xiao et al. (US 20250191776 A1) discloses a system and method for processing vital information of a patient; and
Birlo et al. ("Utility of Optical See-Through Head Mounted Displays in Augmented Reality-Assisted Surgery: A Systematic Review") discloses a systematic review of an optical see-through head mounted display (OST-HMD) usage in AR surgery applications.
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/K.D.T./Examiner, Art Unit 2614
/KENT W CHANG/Supervisory Patent Examiner, Art Unit 2614
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