DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application is being examined under the pre-AIA first to invent provisions.
Notice to Applicant
2. This communication is in response to the communication filed 1/14/2025. Claims 1-44 are currently pending.
Claim Rejections - 35 USC § 101
3. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
3.1. Claims 1-44 are rejected under 35 U.S.C. § 101 because while the claims (1) are to a statutory category (i.e., process, machine, manufacture or composition of matter, the claims (2A1) recite an abstract idea (i.e., a law of nature, a natural phenomenon); (2A2) do not recite additional elements that integrate the abstract idea into a practical application; and (2B) are not directed to significantly more than the abstract idea itself.
In regards to (1), the claims are to a statutory category (i.e., statutory categories including a process, machine, manufacture or composition of matter). In particular, independent claim 1, and the dependent claims are directed, in part, to a method, system and medium for patient care.
In regards to (2A1), the claims, as a whole, recite and are directed to an abstract idea because the claims include one or more limitations that correspond to an abstract idea including mental processes and/or certain methods of organizing human activity which encompasses both certain activity of a single person, certain activity that involves multiple people, and certain activity between a person and a computer. For example, independent claim 1, as a whole, are directed to patient care by, inter alia, detecting signal patterns and determining a patient’s medical condition based on the patterns within a time period which are human activities and/or interactions and therefore, certain methods of organizing human activity which encompasses both certain activity of a single person, certain activity that involves multiple people, and certain activity between a person and a computer. The dependent claims include all of the limitations of their respective independent claims and thus are directed to the same abstract idea identified for the independent claims but further describe the elements and/or recite field of use limitations.
Furthermore, assuming arguendo, the claims are not directed to certain methods of organizing human activities, the claims, nevertheless, are directed to an abstract idea because the claims, except for certain limitations (* identified below in bold), under the broadest reasonable interpretation, can be reasonably and practically performed in the human mind and/or with pen and paper using observation, evaluation, judgment and/or opinion. That is, other than reciting the certain additional elements, nothing in the claims precludes the limitations from being practically performed in the mind and/or with pen and paper.
CLAIM 1
Method of patient care comprising:
first detecting a first pattern based on a first signal;
second detecting a second pattern based on a second signal; and
determining a medical condition based on the first pattern and the second pattern;
wherein said first detecting and said second detecting are within a time period.
CLAIM 2
Method of claim 1 further comprising:
first receiving the first signal; and/or
second receiving the second signal.
CLAIM 3
Method of claim 1 wherein the first signal corresponds to a first physiological parameter.
CLAIM 4
Method of claim 3, wherein the first physiological parameter comprises a movement of a patient, further comprising transmitting an alarm signal based on a comparison of the first physiological parameter and a threshold.
CLAIM 5
Method of claim 3 wherein the second signal corresponds to a second physiological parameter.
CLAIM 6
Method of claim 3 wherein said first detecting is without regard to a scale of the first physiological parameter.
CLAIM 7
Method of claim 6 wherein:
the second signal corresponds to a second physiological parameter; and
said second detecting is without regard to a scale of the second physiological parameter.
CLAIM 8
Method of claim 3 wherein said first detecting is without regard to a starting value of the first physiological parameter.
CLAIM 9
Method of claim 6 wherein:
the second signal corresponds to a second physiological parameter; and
said second detecting is without regard to a starting value of the second physiological parameter.
CLAIM 10
Method of claim 1 wherein the first pattern defines a first trend.
CLAIM 11
Method of claim 10 wherein the second pattern defines a second trend.
CLAIM 12
Method of claim 1 further comprising communicating to a server:
the first signal;
the first pattern;
the second signal;
the second pattern;
the medical condition; and
combinations thereof.
CLAIM 13
Method of claim 12 wherein said communicating comprises establishing communications with a gateway.
CLAIM 14
Method of claim 13 wherein:
the gateway is configured for establishing a web service with the gateway; and
said communicating comprises the web service.
CLAIM 15
System for patient care comprising a processor configured for the method of claim 1.
CLAIM 16
System of claim 15 further comprising a medical sensor configured for transmitting the first signal.
CLAIM 17
System of claim 16 wherein:
said medical sensor configured for measuring a first physiological parameter; and
the first signal corresponds to the first physiological parameter.
CLAIM 18
System of claim 16 wherein said medical sensor is configured for being powered with an interrogation signal.
CLAIM 19
System of claim 18 further comprising a medical device configured for:
receiving and communicating to said processor the first signal; and
transmitting the interrogation signal.
CLAIM 20
System of claim 19 wherein said medical device is configured for receiving and communicating to said processor the second signal.
CLAIM 21
System of claim 19 wherein said medical device comprises:
an infusion pump;
a drip pump;
a syringe pump; and
combinations thereof.
CLAIM 22
System of claim 19 wherein said processer is installed in said medical device.
CLAIM 23
System of claim 22 further comprising a server, wherein said server and said medical device are configured for communicating.
CLAIM 24
System of claim 23 wherein the communicating comprises a gateway.
CLAIM 25
System of claim 24 wherein said gateway is configured for providing:
a routing functionality;
a medical device software update;
a web service; and
combinations thereof.
CLAIM 26
System of claim 24 wherein:
the communicating comprises a web service;
said gateway is configured for being a web server of said web service; and
said medical device is configured for being a web client of said web service.
CLAIM 27
System of claim 23 wherein the communicating comprises a continuous quality event based on:
a Drug Error Reduction System (DERS) override;
a hard limit override;
a soft limit override;
an internal error of the medical device; and
combinations thereof.
CLAIM 28
System of claim 19 wherein said processer is installed in a server.
CLAIM 29
System of claim 28 further comprising the server.
CLAIM 30
System of claim 16 further comprising a second medical sensor configured for transmitting the second signal.
CLAIM 31
System of claim 30 wherein:
said second medical sensor configured for measuring a second physiological parameter; and
the second signal corresponds to the second physiological parameter.
CLAIM 32
System of claim 30 wherein said second medical sensor is configured for being powered with a second interrogation signal.
CLAIM 33
System of claim 15 further comprising a medical device configured for receiving and communicating to said processor the first signal.
CLAIM 34
System of claim 33 wherein said medical device is configured for receiving and communicating to said processor the second signal.
CLAIM 35
System of claim 33 wherein said medical device comprises:
an infusion pump;
a drip pump;
a syringe pump; and
combinations thereof.
CLAIM 36
System of claim 33 wherein said processer is installed in said medical device.
CLAIM 37
System of claim 36 further comprising a server, wherein said server and said medical device are configured for communicating.
CLAIM 38
System of claim 37 wherein the communicating comprises a gateway.
CLAIM 39
System of claim 38 wherein said gateway is configured for providing:
a routing functionality;
a medical device software update;
a web service; and
combinations thereof.
CLAIM 40
System of claim 38 wherein:
the communicating comprises a web service;
said gateway is configured for being a web server of said web service; and
said medical device is configured for being a web client of said web service.
CLAIM 41
System of claim 37 wherein the communicating comprises a continuous quality event based on:
a Drug Error Reduction System (DERS) override;
a hard limit override; a soft limit
override;
an internal error of the medical device; and
combinations thereof.
CLAIM 42
System of claim 33 wherein said processer is installed in a server.
CLAIM 43
System of claim 42 further comprising the server.
CLAIM 44
Apparatus for patient care comprising a computer readable non-transient medium configured for and/or with instructions for the method of claim 1.
* The limitations that are in bold are considered “additional elements” that are further analyzed below in subsequent steps of the 101 analysis. The limitations that are not in bold are abstract and/or can be reasonably and practically performed in the human mind and/or with pen paper.
In regards to (2A2), the claims do not recite additional elements that integrate the abstract idea into a practical application. The additional elements in the claims (i.e., * identified above in bold) do not integrate the abstract idea into a practical application because the additional elements merely add insignificant extra-solution activity to the abstract idea; merely link the use of the judicial exception to a particular technological environment or field of use; and/or simply append technologies and functions, specified at a high level of generality, to the abstract idea (i.e., the additional elements do not amount to more than a recitation of the words “apply it” (or an equivalent) or are more than mere instructions to implement an abstract idea or other exception on a computer).
Here, the additional elements (e.g., signal, sensor, gateway, web services, a medical device, processor, server, etc.) are recited at a high-level of generality such that it amounts to no more than mere instructions to apply the abstract idea using generic computer technologies. Moreover, the claims recite “the gateway is configured ”, “the sensor configured for”, “a medical device configured for”, etc. devoid of any meaningful technological improvement details and thus, further evidence the additional elements are merely being used to leverage generic technologies to automate what otherwise could be done manually. Accordingly, the additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
Furthermore, the additional elements do not recite improvements to the functioning of a computer, or to any other technology or technical field—the additional elements merely recite general purpose computer technology; the additional elements do not recite applying or using a judicial exception to effect a particular treatment or prophylaxis for disease or medical condition—there is no actual administration of a particular treatment; the additional elements do not recite applying the judicial exception with, or by use of, a particular machine—the additional elements merely recite general purpose computer technology; the additional elements do not recite limitations effecting a transformation or reduction of a particular article to a different state or thing—the additional elements do not recite transformation such as a rubber mold process; the additional elements do not recite applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment—the additional elements merely leverage general purpose computer technology to link the abstract idea to a technological environment.
In regards to (2B), the claims, individually, as a whole and in combination with one another, do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements or combination of elements in the claims, other than the abstract idea per se, amount to no more than a recitation of (A) a generic computer structure(s) that serves to perform computer functions that serve to merely link the abstract idea to a particular technological environment (i.e., computers); and/or (B) functions that are well-understood, routine, and conventional activities previously known to the pertinent industry.
Here, as discussed above with respect to integration of the abstract idea into a practical application, the additional elements amount to no more than mere instructions to apply the exception using generic computer technologies. Mere instructions to apply an exception using generic computer technologies cannot provide an inventive concept.
Moreover, paragraphs [0395]-[0395] of applicant's specification (US 2025/0157644) recites that the system/method/medium is implemented using a hand-held or portable remote communicator which can be a Smartphone, a tablet computer, a PDA, a laptop, or other portable computing device, tablet PC, netbook, or laptop computer, and the like, which are well-known general purpose or generic-type computers and/or technologies. The use of generic computer components recited at a high level of generality to process information through an unspecified processor/computer does not impose any meaningful limit on the computer implementation of the abstract idea. Thus, taken alone, the additional elements do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Their collective functions merely provide conventional computer implementation.
Furthermore, the additional elements are merely well-known general purpose computers, components and/or technologies that receive, transmit, store, display, generate and otherwise process information which are akin to functions that courts consider well-understood, routine, and conventional activities previously known to the pertinent industry, such as, performing repetitive calculations; receiving or transmitting data over a network; electronic recordkeeping; retrieving and storing information in memory; and sorting information (See, for example, MPEP § 2106).
Therefore, the claims are not patent-eligible under 35 U.S.C. § 101.
Claim Rejections - 35 USC § 102
4. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
4.1. The following is a quotation of the appropriate paragraphs of pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
4.2. Claim(s) 1-3, 5-11, 15-20, 22, 30-34, 36 and 44 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Govari (US 2010/0137728).
CLAIM 1
Govari teaches a method of patient care (Govari: abstract) comprising:
first detecting a first pattern based on a first signal (Govari: abstract; ¶¶ [0001] “detecting patterns in physiological signals”, [0025], [0038] “Two patterns of interest, denoted "new signal 2" and "new signal 4," have been previously defined by the physician. Processor 40 simultaneously detects occurrences of the two patterns in the ECG signals”; FIGS. 1-3);
second detecting a second pattern based on a second signal (Govari: abstract; ¶¶ [0001] “detecting patterns in physiological signals”, [0025], [0038] “Two patterns of interest, denoted "new signal 2" and "new signal 4," have been previously defined by the physician. Processor 40 simultaneously detects occurrences of the two patterns in the ECG signals”; FIGS. 1-3);
determining a medical condition based on the first pattern and the second pattern (Govari: abstract; ¶¶ [0025] “patterns are often indicative of certain medical conditions and events”, [0031] “An operator 42, typically a cardiologist or other physician, examines the ECG signals and attempts to identify cardiac conditions, such as cardiac events or pathologies, which are of interest. In many cases, cardiac conditions are indicated by characteristic patterns in the ECG signals”; FIGS. 1-3); and
wherein said first detecting and said second detecting are within a time period (Govari: abstract; ¶¶ [0036] “information regarding the pattern occurrences, such as the total number of occurrences within a certain time period and the average rate of occurrences”; FIGS. 1-3).
CLAIM 2
Govari teaches the method of claim 1 further comprising: first receiving the first signal (Govari: abstract; ¶¶ [00xx]); and/or second receiving the second signal (Govari: abstract; ¶¶ [0038] “Two patterns of interest, denoted "new signal 2" and "new signal 4,"”; FIGS. 1-3; Claim 1).
CLAIM 3
Govari teaches the method of claim 1 wherein the first signal corresponds to a first physiological parameter (Govari: abstract; ¶¶ [0025] “detecting patterns of interest in ECG and other physiological signals”, [0038]; FIGS. 1-3).
CLAIM 5
Govari teaches the method of claim 3 wherein the second signal corresponds to a second physiological parameter (Govari: abstract; ¶¶ [0025] “detecting patterns of interest in ECG and other physiological signals”; FIGS. 1-3).
CLAIM 6
Govari teaches the method of claim 3 wherein said first detecting is without regard to a scale of the first physiological parameter (Govari: abstract; ¶¶ [0007]-[0011] Different embodiments are disclosed including embodiments that do not including scaling.).
CLAIM 7
Govari teaches the method of claim 6 wherein: the second signal corresponds to a second physiological parameter; and said second detecting a without regard to a scale of the second physiological parameter (Govari: abstract; ¶¶ [0007]-[0011] Different embodiments are disclosed including embodiments that do not including scaling.).
CLAIM 8
Govari teaches the method claim 3 wherein said first detecting is without regard to a starting value of the first physiological parameter (Govari: abstract; ¶¶ [0007]-[0011], [0038]; FIGS. 1-3).
CLAIM 9
Govari teaches the method of claim 6 wherein: the second signal corresponds to a second physiological parameter (Govari: abstract; ¶¶ [0025] “detecting patterns of interest in ECG and other physiological signals”; FIGS. 1-3); and said second detecting is without regard to a starting value of the second physiological parameter (Govari: abstract; ¶¶ [0007]-[0011], [0038]; FIGS. 1-3).
CLAIM 10
Govari teaches the method of claim 1 wherein the first pattern defines a first trend (Govari: abstract; ¶¶ [0012] “the physiological signal includes an electrocardiogram. Computing the values of the characteristic may include determining respective increase/decrease flags indicating one of an increase and a decrease of the physiological signal in each of the time segments”; FIGS. 1-3).
CLAIM 11
Govari teaches the method of claim 10 wherein the second pattern defines a second trend (Govari: abstract; ¶¶ [0012] “the physiological signal includes an electrocardiogram. Computing the values of the characteristic may include determining respective increase/decrease flags indicating one of an increase and a decrease of the physiological signal in each of the time segments”; FIGS. 1-3).
CLAIM 15
Govari teaches a system for patient care comprising a processor configured for the method of claim 1 (Govari: abstract; ¶¶ [0019] “a processor, which is arranged to compute respective values of a characteristic of the physiological signal in a plurality of time segments within the first time interval, to concatenate the computed values to form a signature of the pattern of interest, and to identify a further occurrence of the pattern of interest in the physiological signal during a second time interval by matching the signal in the second time interval to the signature”, [0025]-[0028]; FIGS. 1-3).
CLAIM 16
Govari teaches the system of claim 15 further comprising a medical sensor configured for transmitting the first signal (Govari: abstract; ¶¶ [0030] “The system measures the ECG of a patient 24 using an ECG monitor 28. The ECG monitor uses one or more electrodes 32 attached to the patient's body. The electrodes sense the electrical activity of the patient's heart and produce corresponding electrical signals, referred to herein as ECG signals”; FIGS. 1-3).
CLAIM 17
Govari teaches the system of claim 16 wherein: said medical sensor configured for measuring a first physiological parameter; and the first signal corresponds to the first physiological parameter (Govari: abstract; ¶¶ [0030] “The system measures the ECG of a patient 24 using an ECG monitor 28. The ECG monitor uses one or more electrodes 32 attached to the patient's body. The electrodes sense the electrical activity of the patient's heart and produce corresponding electrical signals, referred to herein as ECG signals”; FIGS. 1-3).
CLAIM 18
Govari teaches the system of claim 16 wherein said medical sensor is configured for being powered with an interrogation signal (Govari: abstract; ¶¶ [0030] The system includes one or more electrodes (i.e., medical sensor) communicatively coupled to and powered/interrogated by an ECG monitor.; FIGS. 1-3).
CLAIM 19
Govari teaches the system of claim 18 further comprising a medical device configured for: receiving and communicating to said processor the first signal; and transmitting the interrogation signal (Govari: abstract; ¶¶ [0025]-[0029] The system (i.e., medical device) includes a pattern processor., [0030]; FIGS. 1-3).
CLAIM 20
Govari teaches the system of claim 19 wherein said medical device is configured for receiving and communicating to said processor the second signal (Govari: abstract; ¶¶ [0025]-[0029] The system (i.e., medical device) includes a pattern processor., [0030]; FIGS. 1-3).
CLAIM 22
Govari teaches the system of claim 19 wherein said processer is installed in said medical device (Govari: abstract; ¶¶ [0025]-[0029] The system (i.e., medical device) includes a pattern processor., [0030]; FIGS. 1-3).
CLAIM 30
Govari teaches the system of claim 16 further comprising a second medical sensor configured for transmitting the second signal (Govari: abstract; ¶¶ [0030] “The system measures the ECG of a patient 24 using an ECG monitor 28. The ECG monitor uses one or more electrodes 32 attached to the patient's body. The electrodes sense the electrical activity of the patient's heart and produce corresponding electrical signals, referred to herein as ECG signals”; FIGS. 1-3).
CLAIM 31
Govari teaches the system of claim 30 wherein: said second medical sensor configured for measuring a second physiological parameter; and the second signal corresponds to the second physiological parameter (Govari: abstract; ¶¶ [0030] “The system measures the ECG of a patient 24 using an ECG monitor 28. The ECG monitor uses one or more electrodes 32 attached to the patient's body. The electrodes sense the electrical activity of the patient's heart and produce corresponding electrical signals, referred to herein as ECG signals”; FIGS. 1-3).
CLAIM 32
Govari teaches the system of claim 30 wherein said second medical sensor is configured for being powered with a second interrogation signal (Govari: abstract; ¶¶ [0030] The system includes one or more electrodes (i.e., medical sensor) communicatively coupled to and powered/interrogated by an ECG monitor.; FIGS. 1-3).
CLAIM 33
Govari teaches the system of claim 15 further comprising a medical device configured for receiving and communicating to said processor the first signal (Govari: abstract; ¶¶ [0025]-[0029] The system (i.e., medical device) includes a pattern processor., [0030] The system includes one or more electrodes (i.e., medical sensor) communicatively coupled to and powered/interrogated by an ECG monitor.; FIGS. 1-3).
CLAIM 34
Govari teaches the system of claim 33 wherein said medical device is configured for receiving and communicating to said processor the second signal (Govari: abstract; ¶¶ [0025]-[0029] The system (i.e., medical device) includes a pattern processor., [0030] The system includes one or more electrodes (i.e., medical sensor) communicatively coupled to and powered/interrogated by an ECG monitor.; FIGS. 1-3).
CLAIM 36
Govari teaches the system of claim 33 wherein said processer is installed in said medical device (Govari: abstract; ¶¶ [0025]-[0029] The system (i.e., medical device) includes a pattern processor., [0030]; FIGS. 1-3).
CLAIM 44
Govari teaches an Apparatus for patient care comprising a computer readable non-transient medium configured for and/or with instructions for the method of claim 1 (Govari: abstract; ¶¶ [0020] “a computer software product for analyzing a physiological signal, the product including a computer-readable medium, in which program instructions are stored”; FIGS. 1-3).
Claim Rejections - 35 USC § 103
5. The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
5.1. Claims 4, 12-14, 23-26, 28-29, 37-40, and 42-43 are rejected under 35 U.S.C. 103(a) as being unpatentable over Govari (US 2010/0137728), in view of Tran (US 2013/0095459).
CLAIM 4
Govari does not appear to explicitly teach the method of claim 3, wherein the first physiological parameter comprises a movement of a patient, further comprising transmitting an alarm signal based on a comparison of the first physiological parameter and a threshold.
Tran, however, teaches wherein the first physiological parameter comprises a movement of a patient, further comprising transmitting an alarm signal based on a comparison of the first physiological parameter and a threshold (Tran: abstract; ¶¶ [0051] “Leg sensors can include piezoelectric accelerometers designed to give qualitative assessment of limb movement”, [0077] “If the center of mass movement is zero for a predetermined period, the patient is either sleeping or unconscious. The system then attempts to signal the patient and receive confirmatory signals indicating that the patient is conscious. If patient does not confirm, then the system generates an alarm”).
It would have been obvious to one of ordinary skill in the art, at the time of applicant’s invention, to include the health monitoring system including a server, as taught by Tran, with the ECG signal analysis tool, as taught by Govari, with the motivation of facilitating data analysis (Tran: ¶¶ [0050]-[0057]).
CLAIM 12
Govari teaches the method of claim 1 further comprising communicating: the first signal; the first pattern; the second signal; the second pattern; the medical condition; and combinations thereof (Govari: abstract; ¶¶ [0025]-[0032] Data (e.g., signals, patterns, conditions, etc.) is communicated to the system, the processor, interface, etc.; FIGS. 1-3).
Govari does not appear to explicitly teach to a server.
Tran, however, teaches to a server (Tran: abstract; ¶¶ [0050]-[0057] The system includes a server to which various data (e.g., patterns, conditions, etc.) is communicated to.; FIGS. 1).
It would have been obvious to one of ordinary skill in the art, at the time of applicant’s invention, to include the health monitoring system including a server, as taught by Tran, with the ECG signal analysis tool, as taught by Govari, with the motivation of facilitating data analysis (Tran: ¶¶ [0050]-[0057]).
CLAIM 13
Govari does not appear to explicitly teach the method of claim 12 wherein said communicating comprises establishing communications with a gateway.
Tran, however, teaches wherein said communicating comprises establishing communications with a gateway (Tran: abstract; ¶¶ [0269] “algorithm establishes a multi-cluster network with all gateways between clusters”).
It would have been obvious to one of ordinary skill in the art, at the time of applicant’s invention, to include the health monitoring system including a server, as taught by Tran, with the ECG signal analysis tool, as taught by Govari, with the motivation of facilitating data analysis (Tran: ¶¶ [0050]-[0057]).
CLAIM 14
Govari does not appear to explicitly teach the method of claim 13 wherein: the gateway is configured for establishing a web service with the gateway; and said communicating comprises the web service.
Tran, however, teaches wherein: the gateway is configured for establishing a web service with the gateway; and said communicating comprises the web service (Tran: abstract; ¶¶ [0020] “the web services software interface, the invention then avails this information to hospitals, home-health care organizations, insurance companies, pharmaceutical agencies conducting clinical trials and other organizations. Information can be viewed using an Internet-based website, a personal computer, or simply by viewing a display on the monitor”).
It would have been obvious to one of ordinary skill in the art, at the time of applicant’s invention, to include the health monitoring system including a server, as taught by Tran, with the ECG signal analysis tool, as taught by Govari, with the motivation of facilitating data analysis (Tran: ¶¶ [0050]-[0057]).
CLAIM 23
Govari does not appear to explicitly teach the system of claim 22 further comprising a server, wherein said server and said medical device are configured for communicating.
Tran, however, teaches further comprising a server, wherein said server and said medical device are configured for communicating (Tran: abstract; ¶¶ [0050]-[0057] The system includes a server to which various data (e.g., patterns, conditions, etc.) is communicated to.; FIGS. 1).
It would have been obvious to one of ordinary skill in the art, at the time of applicant’s invention, to include the health monitoring system including a server, as taught by Tran, with the ECG signal analysis tool, as taught by Govari, with the motivation of facilitating data analysis (Tran: ¶¶ [0050]-[0057]).
CLAIM 24
Govari does not appear to explicitly teach the system of claim 23 wherein the communicating comprises a gateway.
Tran, however, teaches wherein the communicating comprises a gateway (Tran: abstract; ¶¶ [0269] “algorithm establishes a multi-cluster network with all gateways between clusters”).
It would have been obvious to one of ordinary skill in the art, at the time of applicant’s invention, to include the health monitoring system including a server, as taught by Tran, with the ECG signal analysis tool, as taught by Govari, with the motivation of facilitating data analysis (Tran: ¶¶ [0050]-[0057]).
CLAIM 25
Govari does not appear to explicitly teach the system of claim 24 wherein said gateway is configured for providing: a routing functionality; a medical device software update; a web service; and combinations thereof.
Tran, however, teaches wherein said gateway is configured for providing: a routing functionality; a medical device software update; a web service; and combinations thereof (Tran: abstract; ¶¶ [0269]-[0271] “algorithm establishes a multi-cluster network with all gateways between clusters”, [0285]; FIG. 1).
It would have been obvious to one of ordinary skill in the art, at the time of applicant’s invention, to include the health monitoring system including a server, as taught by Tran, with the ECG signal analysis tool, as taught by Govari, with the motivation of facilitating data analysis (Tran: ¶¶ [0050]-[0057]).
CLAIM 26
Govari does not appear to explicitly teach the system of claim 24 wherein: the communicating comprises a web service; said gateway is configured for being a web server of said web service; and said medical device is configured for being a web client of said web service.
Tran, however, teaches wherein: the communicating comprises a web service; said gateway is configured for being a web server of said web service; and said medical device is configured for being a web client of said web service (Tran: abstract; ¶¶ [0269]-[0271] “algorithm establishes a multi-cluster network with all gateways between clusters”, [0285]; FIG. 1).
It would have been obvious to one of ordinary skill in the art, at the time of applicant’s invention, to include the health monitoring system including a server, as taught by Tran, with the ECG signal analysis tool, as taught by Govari, with the motivation of facilitating data analysis (Tran: ¶¶ [0050]-[0057]).
CLAIM 28
Govari does not appear to explicitly teach the system of claim 19 wherein said processer is installed in a server.
Tran, however, teaches wherein said processer is installed in a server (Tran: abstract; ¶¶ [0015], [0202]; FIG. 1).
It would have been obvious to one of ordinary skill in the art, at the time of applicant’s invention, to include the health monitoring system including a server, as taught by Tran, with the ECG signal analysis tool, as taught by Govari, with the motivation of facilitating data analysis (Tran: ¶¶ [0050]-[0057]).
CLAIM 29
Govari does not appear to explicitly teach the system of claim 28 further comprising the server.
Tran, however, teaches further comprising the server (Tran: abstract; ¶¶ [0015], [0202]; FIG. 1).
It would have been obvious to one of ordinary skill in the art, at the time of applicant’s invention, to include the health monitoring system including a server, as taught by Tran, with the ECG signal analysis tool, as taught by Govari, with the motivation of facilitating data analysis (Tran: ¶¶ [0050]-[0057]).
CLAIM 37
Govari does not appear to explicitly teach the system of claim 36 further comprising a server, wherein said server and said medical device are configured for communicating.
Tran, however, teaches further comprising a server, wherein said server and said medical device are configured for communicating (Tran: abstract; ¶¶ [0050]-[0057] The system includes a server to which various data (e.g., patterns, conditions, etc.) is communicated to.; FIGS. 1).
It would have been obvious to one of ordinary skill in the art, at the time of applicant’s invention, to include the health monitoring system including a server, as taught by Tran, with the ECG signal analysis tool, as taught by Govari, with the motivation of facilitating data analysis (Tran: ¶¶ [0050]-[0057]).
CLAIM 38
Govari does not appear to explicitly teach the system of claim 37 wherein the communicating comprises a gateway.
Tran, however, teaches wherein the communicating comprises a gateway (Tran: abstract; ¶¶ [0269]-[0271] “algorithm establishes a multi-cluster network with all gateways between clusters”, [0285]; FIG. 1).
It would have been obvious to one of ordinary skill in the art, at the time of applicant’s invention, to include the health monitoring system including a server, as taught by Tran, with the ECG signal analysis tool, as taught by Govari, with the motivation of facilitating data analysis (Tran: ¶¶ [0050]-[0057]).
CLAIM 39
Govari does not appear to explicitly teach the system of claim 38 wherein said gateway is configured for providing: a routing functionality; a medical device software update; a web service; and combinations thereof.
Tran, however, teaches wherein said gateway is configured for providing: a routing functionality; a medical device software update; a web service; and combinations thereof (Tran: abstract; ¶¶ [0269]-[0271] “algorithm establishes a multi-cluster network with all gateways between clusters”, [0285]; FIG. 1).
It would have been obvious to one of ordinary skill in the art, at the time of applicant’s invention, to include the health monitoring system including a server, as taught by Tran, with the ECG signal analysis tool, as taught by Govari, with the motivation of facilitating data analysis (Tran: ¶¶ [0050]-[0057]).
CLAIM 40
Govari does not appear to explicitly teach the system of claim 38 wherein: the communicating comprises a web service; said gateway is configured for being a web server of said web service; and said medical device is configured for being a web client of said web service.
Tran, however, teaches the communicating comprises a web service; said gateway is configured for being a web server of said web service; and said medical device is configured for being a web client of said web service (Tran: abstract; ¶¶ [0269]-[0271] “algorithm establishes a multi-cluster network with all gateways between clusters”, [0285]; FIG. 1).
It would have been obvious to one of ordinary skill in the art, at the time of applicant’s invention, to include the health monitoring system including a server, as taught by Tran, with the ECG signal analysis tool, as taught by Govari, with the motivation of facilitating data analysis (Tran: ¶¶ [0050]-[0057]).
CLAIM 42
Govari does not appear to explicitly teach the system of claim 33 wherein said processer is installed in a server.
Tran, however, teaches wherein said processer is installed in a server (Tran: abstract; ¶¶ [0015], [0202]; FIG. 1).
It would have been obvious to one of ordinary skill in the art, at the time of applicant’s invention, to include the health monitoring system including a server, as taught by Tran, with the ECG signal analysis tool, as taught by Govari, with the motivation of facilitating data analysis (Tran: ¶¶ [0050]-[0057]).
CLAIM 43
Govari does not appear to explicitly teach the system of claim 42 further comprising the server.
Tran, however, teaches further comprising the server (Tran: abstract; ¶¶ [0015], [0202]; FIG. 1).
It would have been obvious to one of ordinary skill in the art, at the time of applicant’s invention, to include the health monitoring system including a server, as taught by Tran, with the ECG signal analysis tool, as taught by Govari, with the motivation of facilitating data analysis (Tran: ¶¶ [0050]-[0057]).
5.2. Claims 21 and 35 are rejected under 35 U.S.C. 103(a) as being unpatentable over Govari (US 2010/0137728), and further in view of Cork et al. (US 10431335).
CLAIM 21
Govari does not explicitly teach the system of claim 19 wherein said medical device comprises: an infusion pump; a drip pump; a syringe pump; and combinations thereof.
Cork, however, teaches wherein said medical device comprises: an infusion pump; a drip pump; a syringe pump; and combinations thereof (Cork: abstract; col. 12, lns. 52-56 “an infusion pump, a syringe pump”, col. 3, lns. 28-30 Pump can operate in a drip mode (i.e., drip pump).; FIG. 1).
It would have been obvious to one of ordinary skill in the art, at the time of applicant’s invention, to include the mobile application for medical devices including infusion pump, drip pump, and syringe pump, as taught by Cork, with the ECG signal analysis tool, as taught by Govari, with the motivation of communicating information from pumps (Cork: col. 1, ln. 27-col. 2, ln. 20).
CLAIM 35
Govari does not appear to explicitly teach the system of claim 33 wherein said medical device comprises: an infusion pump; a drip pump; a syringe pump; and combinations thereof.
Cork, however, teaches wherein said medical device comprises: an infusion pump; a drip pump; a syringe pump; and combinations thereof (Cork: abstract; col. 12, lns. 52-56 “an infusion pump, a syringe pump”, col. 3, lns. 28-30 Pump can operate in a drip mode (i.e., drip pump).; FIG. 1).
It would have been obvious to one of ordinary skill in the art, at the time of applicant’s invention, to include the mobile application for medical devices including infusion pump, drip pump, and syringe pump, as taught by Cork, with the ECG signal analysis tool, as taught by Govari, with the motivation of communicating information from pumps (Cork: col. 1, ln. 27-col. 2, ln. 20).
5.3. Claims 27 and 41 are rejected under 35 U.S.C. 103(a) as being unpatentable over Govari (US 2010/0137728), in view of Tran (US 2013/0095459), and further in view of Stempfle et al. (US 2013/0274669).
CLAIM 27
Govari and Tran do not appear to explicitly teach the system of claim 23 wherein the communicating comprises a continuous quality event based on: a Drug Error Reduction System (DERS) override; a hard limit override; a soft limit override; an internal error of the medical device; and combinations thereof.
Stempfle, however, teaches wherein the communicating comprises a continuous quality event based on: a Drug Error Reduction System (DERS) override; a hard limit override; a soft limit override; an internal error of the medical device; and combinations thereof (Stempfle: abstract; ¶¶ [0028] “safety constraints may include the soft and hard drug dose limits…may override”; FIGS. 1-10).
It would have been obvious to one of ordinary skill in the art, at the time of applicant’s invention, to include the safe drug delivery system with overrides, as taught by Stempfle, with the health monitoring system including a server, as taught by Tran, with the ECG signal analysis tool, as taught by Govari, with the motivation of facilitating error-free drug delivery (Stempfle: ¶¶ [0001]-[0007]).
CLAIM 41
Govari and Tran do not appear to explicitly teach the System of claim 37 wherein the communicating comprises a continuous quality event based on: a Drug Error Reduction System (DERS) override; a hard limit override; a soft limit override; an internal error of the medical device; and combinations thereof.
Stempfle, however, teaches wherein the communicating comprises a continuous quality event based on: a Drug Error Reduction System (DERS) override; a hard limit override; a soft limit override; an internal error of the medical device; and combinations thereof (Stempfle: abstract; ¶¶ [0028] “safety constraints may include the soft and hard drug dose limits…may override”; FIGS. 1-10).
It would have been obvious to one of ordinary skill in the art, at the time of applicant’s invention, to include the safe drug delivery system with overrides, as taught by Stempfle, with the health monitoring system including a server, as taught by Tran, with the ECG signal analysis tool, as taught by Govari, with the motivation of facilitating error-free drug delivery (Stempfle: ¶¶ [0001]-[0007]).
DOUBLE PATENTING
6. 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.
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6.1. Claims 1-3, 5, 8, 10-17, 20, 30-31, 33-34, and 44 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 and 6-8 of U.S. Patent No. 10,380,321. Although the claims at issue are not identical, they are not patentably distinct from each other because the examined application claim(s) is/are either anticipated by, or would have been obvious over, the reference claim(s) because all of the limitations of claims 1-3, 5, 8, 10-17, 20, 30-31, 33-34, and 44 of instant pending patent application 19/019939 correspond to limitations recited in claims 1-2 and 6-8 of U.S. Patent 10,380,321. Any claim limitation differences are not substantively significant and/or are obvious under a broad and reasonable interpretation, as detailed in the comparison chart below.
PENDING CLAIMS (19/019939)
US PATENT 10,380,321
CLAIM 1
Method of patient care comprising:
first detecting a first pattern based on a first signal;
second detecting a second pattern based on a second signal; and
determining a medical condition based on the first pattern and the second pattern;
wherein said first detecting and said second detecting are within a time period.
CLAIM 1
A system for electronic patient care, the system comprising:
a first medical sensor configured to couple to a patient and measure a first physiological parameter of the patient;
a medical device configured to operatively receive the first measured physiological parameter from the first medical sensor, the medical device configured to communicate the first measured physiological parameter, the medical device having a user interface configured to display a plurality of physiological sensor signals, the medical device configured to treat the patient;
a server in operative communication with the medical device to receive the first measured physiological parameter for storage therein;
a second medical sensor configured to couple to the patient and measure a second physiological parameter of the patient;
a third medical sensor configured to coupled to the patient and measure a third physiological parameter of the patient,
a wearable dock; and
a wearable system monitor dockable to the wearable dock, the wearable system monitor configured to: identify a caregiver,
start a timer when the wearable system monitor is detach from the wearable dock;
stop the treatment of the medical device when a predetermined amount of time has elapsed without the wearable system monitor being docked into the wearable dock,
identify the patient,
authorize the caregiver to pair the wearable system monitor,
pair the wearable system monitor with the patient-care device,
reattach to the wearable dock,
identify and authenticate the wearable dock, and
resume the treatment of the medical device after the wearable system monitor is docked into the wearable dock, and the wearable dock is identified and authenticated by the wearable system monitor,
wherein:
the medical device is configured to operatively receive the first, second, and third physiological parameters from the first, second, and third medical sensors, respectively,
the medical device is configured to:
issue a first alert if the first physiological parameter exceeds a first threshold,
issue a second alert if the second physiological parameter exceeds a second threshold,
issue a third alert if the third physiological parameter exceeds a third threshold,
detect a first pattern using the first measured physiological parameter,
detect a second pattern using the second measured physiological parameter,
detect a third pattern using the third measured physiological parameter,
determine a medical condition exists when the first, second, and third patterns are detected within a predetermined amount of time relative to each other and the first physiological parameter is less than the first threshold, the second physiological parameter is less than the second threshold, and the third physiological parameter is less than the third threshold, and
display on the user interface only physiological parameters of the plurality of physiological sensor signals that are indicative of the medical condition and remove any physiological parameters of the plurality of physiological sensor signals that are not indicative of the medical condition.
CLAIM 2
Method of claim 1 further comprising:
first receiving the first signal; and/or
second receiving the second signal.
Patentably indistinct from Claim 1.
a server in operative communication with the medical device to receive the first measured physiological parameter for storage therein;
a second medical sensor configured to couple to the patient and measure a second physiological parameter of the patient;
AND
the medical device is configured to operatively receive the first, second, and third physiological parameters from the first, second, and third medical sensors, respectively
CLAIM 3:
Method of claim 1 wherein the first signal corresponds to a first physiological parameter.
Patentably indistinct from Claim 1.
a server in operative communication with the medical device to receive the first measured physiological parameter for storage therein;
AND
the medical device is configured to operatively receive the first, second, and third physiological parameters from the first, second, and third medical sensors, respectively
CLAIM 4
Method of claim 3, wherein the first physiological parameter comprises a movement of a patient, further comprising transmitting an alarm signal based on a comparison of the first physiological parameter and a threshold.
CLAIM 5
Method of claim 3 wherein the second signal corresponds to a second physiological parameter.
Patentably indistinct from Claim 1.
a second medical sensor configured to couple to the patient and measure a second physiological parameter of the patient;
AND
the medical device is configured to operatively receive the first, second, and third physiological parameters from the first, second, and third medical sensors, respectively
CLAIM 6
Method of claim 3 wherein said first detecting is without regard to a scale of the first physiological parameter.
CLAIM 7
Method of claim 6 wherein:
the second signal corresponds to a second physiological parameter; and
said second detecting is without regard to a scale of the second physiological parameter.
CLAIM 8
Method of claim 3 wherein said first detecting is without regard to a starting value of the first physiological parameter.
CLAIM 7
The system according to claim 6, wherein the medical device is configured to detect the first pattern without regard to a starting value of the first measured physiological parameter.
CLAIM 9
Method of claim 6 wherein:
the second signal corresponds to a second physiological parameter; and
said second detecting is without regard to a starting value of the second physiological parameter.
CLAIM 10
Method of claim 1 wherein the first pattern defines a first trend.
CLAIM 6
The system according to claim 1, wherein the first pattern is a trend.
CLAIM 11
Method of claim 10 wherein the second pattern defines a second trend.
CLAIM 8
The system according to claim 6, wherein the second pattern is a second trend.
CLAIM 12
Method of claim 1 further comprising communicating to a server:
the first signal;
the first pattern;
the second signal;
the second pattern;
the medical condition; and
combinations thereof.
Patentably indistinct from Claim 1.
a server in operative communication with the medical device to receive the first measured physiological parameter for storage therein;
AND
detect a first pattern using the first measured physiological parameter,
detect a second pattern using the second measured physiological parameter,
detect a third pattern using the third measured physiological parameter,
determine a medical condition exists when the first, second, and third patterns are detected within a predetermined amount of time relative to each other and the first physiological parameter is less than the first threshold, the second physiological parameter is less than the second threshold, and the third physiological parameter is less than the third threshold, and
display on the user interface only physiological parameters of the plurality of physiological sensor signals that are indicative of the medical condition
CLAIM 13
Method of claim 12 wherein said communicating comprises establishing communications with a gateway.
CLAIM 2
The system according to claim 1, further comprising a gateway configured to provide at least one of a routing functionality, a medical device software update, and a web service;
wherein the medical device is configured to operatively communicate with the gateway using the web service.
CLAIM 14
Method of claim 13 wherein:
the gateway is configured for establishing a web service with the gateway; and
said communicating comprises the web service.
CLAIM 2
The system according to claim 1, further comprising a gateway configured to provide at least one of a routing functionality, a medical device software update, and a web service;
wherein the medical device is configured to operatively communicate with the gateway using the web service.
CLAIM 15
System for patient care comprising a processor configured for the method of claim 1.
Patentably indistinct from Claim 1.
a server in operative communication with the medical device
CLAIM 16
System of claim 15 further comprising a medical sensor configured for transmitting the first signal.
Patentably indistinct from Claim 1.
a first medical sensor configured to couple to a patient and measure a first physiological parameter of the patient; a medical device configured to operatively receive the first measured physiological parameter from the first medical sensor…sensor signals
CLAIM 17
System of claim 16 wherein:
said medical sensor configured for measuring a first physiological parameter; and
the first signal corresponds to the first physiological parameter.
Patentably indistinct from Claim 1.
a first medical sensor configured to couple to a patient and measure a first physiological parameter of the patient; a medical device configured to operatively receive the first measured physiological parameter from the first medical sensor…sensor signals
CLAIM 18
System of claim 16 wherein said medical sensor is configured for being powered with an interrogation signal.
CLAIM 19
System of claim 18 further comprising a medical device configured for:
receiving and communicating to said processor the first signal; and
transmitting the interrogation signal.
CLAIM 20
System of claim 19 wherein said medical device is configured for receiving and communicating to said processor the second signal.
Patentably indistinct from Claim 1.
the medical device having a user interface configured to display a plurality of sensor signals…a server in operative communication with the medical device to receive the first measured physiological parameter for storage therein;
AND
detect a second pattern using the second measured physiological parameter,
display on the user interface only physiological parameters of the plurality of physiological sensor signals that are indicative of the medical condition
CLAIM 21
System of claim 19 wherein said medical device comprises:
an infusion pump;
a drip pump;
a syringe pump; and
combinations thereof.
CLAIM 22
System of claim 19 wherein said processer is installed in said medical device.
CLAIM 23
System of claim 22 further comprising a server, wherein said server and said medical device are configured for communicating.
CLAIM 24
System of claim 23 wherein the communicating comprises a gateway.
CLAIM 25
System of claim 24 wherein said gateway is configured for providing: a routing functionality; a medical device software update; a web service; and combinations thereof.
CLAIM 26
System of claim 24 wherein:
the communicating comprises a web service;
said gateway is configured for being a web server of said web service; and
said medical device is configured for being a web client of said web service.
CLAIM 27
System of claim 23 wherein the communicating comprises a continuous quality event based on:
a Drug Error Reduction System (DERS) override;
a hard limit override;
a soft limit override;
an internal error of the medical device; and
combinations thereof.
CLAIM 28
System of claim 19 wherein said processer is installed in a server.
CLAIM 29
System of claim 28 further comprising the server.
CLAIM 30
System of claim 16 further comprising a second medical sensor configured for transmitting the second signal.
Patentably indistinct from Claim 1.
a second medical sensor configured to couple to the patient and measure a second physiological parameter of the patient;
AND
the medical device is configured to operatively receive the first, second, and third physiological parameters from the first, second, and third medical sensors, respectively
CLAIM 31
System of claim 30 wherein:
said second medical sensor configured for measuring a second physiological parameter; and
the second signal corresponds to the second physiological parameter.
Patentably indistinct from Claim 1.
a second medical sensor configured to couple to the patient and measure a second physiological parameter of the patient;
AND
the medical device is configured to operatively receive the first, second, and third physiological parameters from the first, second, and third medical sensors, respectively
CLAIM 32
System of claim 30 wherein said second medical sensor is configured for being powered with a second interrogation signal.
CLAIM 33
System of claim 15 further comprising a medical device configured for receiving and communicating to said processor the first signal.
Patentably indistinct from Claim 1.
a medical device configured to operatively receive the first measured physiological parameter from the first medical sensor, the medical device configured to communicate the first measured physiological parameter, the medical device having a user interface configured to display a plurality of physiological sensor signals, the medical device configured to treat the patient;
a server in operative communication with the medical device to receive the first measured physiological parameter for storage therein;
CLAIM 34
System of claim 33 wherein said medical device is configured for receiving and communicating to said processor the second signal.
Patentably indistinct from Claim 1.
a server in operative communication with the medical device to receive the first measured physiological parameter for storage therein; a second medical sensor configured to couple to the patient and measure a second physiological parameter of the patient
AND
determine a medical condition exists when the first, second, and third patterns are detected within a predetermined amount of time relative to each other and the first physiological parameter is less than the first threshold, the second physiological parameter is less than the second threshold, and the third physiological parameter is less than the third threshold, and
display on the user interface only physiological parameters of the plurality of physiological sensor signals that are indicative of the medical condition
CLAIM 35
System of claim 33 wherein said medical device comprises:
an infusion pump;
a drip pump;
a syringe pump; and
combinations thereof.
CLAIM 36
System of claim 33 wherein said processer is installed in said medical device.
CLAIM 37
System of claim 36 further comprising a server, wherein said server and said medical device are configured for communicating.
CLAIM 38
System of claim 37 wherein the communicating comprises a gateway.
CLAIM 39
System of claim 38 wherein said gateway is configured for providing:
a routing functionality;
a medical device software update;
a web service; and
combinations thereof.
CLAIM 40
System of claim 38 wherein:
the communicating comprises a web service;
said gateway is configured for being a web server of said web service; and
said medical device is configured for being a web client of said web service.
CLAIM 41
System of claim 37 wherein the communicating comprises a continuous quality event based on:
a Drug Error Reduction System (DERS) override;
a hard limit override; a soft limit
override;
an internal error of the medical device; and
combinations thereof.
CLAIM 42
System of claim 33 wherein said processer is installed in a server.
CLAIM 43
System of claim 42 further comprising the server.
CLAIM 44
Apparatus for patient care comprising a computer readable non-transient medium configured for and/or with instructions for the method of claim 1.
Patentably indistinct from Claim 1—see above.
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Tomaszewski whose telephone number is (313)446-4863. The examiner can normally be reached M-F 5:30 am - 2:30 pm.
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/MICHAEL TOMASZEWSKI/Primary Examiner, Art Unit 3681
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