DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-20 are rejected under 35 U.S.C. 103 as being obvious over Forrest (US 20230110152 A1) in view of Farina (US 20060280657 A1).
The applied reference has a common applicant with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
With respect to claim 1, Forrest discloses a system for monitoring a hemodynamic status of a patient (see paragraph 0063 and Fig. 1: system #100), the system comprising:
a transducer configured to couple to the patient and measure a hemodynamic status of the patient (see paragraph 0063-0064 and Fig. 1: transducer #101 configured to monitor and detect and measure a hemodynamic status of a patient);
a holder configured to couple the transducer to a mounting plate (see paragraph 0079-0081: transducer shroud #201 may include similar structural and/or operational features described with reference to example transducer #101 where transducer shroud is mounted to a mounted plate #301 through engagement with transducer wings #305, #307 with mounting plate brackets #303), the holder comprising:
a first movable arm configured to engage a first bracket arm of the mounting plate (see paragraph 0080-0081: transducer shroud #201 includes one or more moveable wings #305 that engage with a mounting plate #301 through a mount #303); and
an adapter in communication with the transducer and a display (see paragraph 0063: adapter #103 in communication with transducer #101 and one or more monitoring devices #105) and comprising one or more hardware processors (see paragraph 0066: adapter #103 includes at least one hardware processor #113), wherein the one or more hardware processors are configured to:
generate one or more signals in response to the measurement of the transducer (see paragraph 0009, generate one or more signals in response to the measurement of the transducer);
process the one or more signals to generate one or more physiological parameters (see paragraph 0009, process the one or more signals to generate one or more physiological parameters);
generate, based at least in part on the one or more signals or the one or more physiological parameters, user interface data for rendering a graphical user interface without additional signal processing by a monitor (see paragraph 0009, generate, one or more physiological parameters, user interface data for rendering a graphical user interface without additional signal processing by a monitor);
transmit, to the monitor, the user interface data (see paragraph 0009, transmit, to the monitor, the user interface data);
transmit, to the monitor, the one or more signals or the one or more physiological parameters (see paragraph 0009, transmit, to the monitor, the one or more signals or the one or more physiological parameters);
receive, from the monitor, user input (see paragraph 0009, receive, from the monitor, user input); and
execute instructions to control an operation of the adapter or transducer or monitor, according to the user input (see paragraph 0009, execute instructions to control an operation of the adapter or transducer or monitor, according to the user input).
Forrest does not disclose the first movable arm including a first securing device extending from the first movable arm.
Farina teaches a first movable arm including a first securing device extending from the first movable arm (see paragraph 0036 and Fig. 10-14: flexible tab #54 has a notch #70 formed within upper surface #72 that projects from it and secures a sensor #7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Forrest with the teachings of Farina to have added a securing device because it would have resulted in the predictable result of securing a sensor or other structural component to a device (Farina: see [0036]).
With respect to claim 2, all limitations of claim 1 apply in which Forrest further discloses a second movable arm configured to engage a second bracket arm of the mounting plate (see paragraph 0080-0081: transducer shroud #201 includes one or more moveable wings #305 that engage with a mounting plate #301 through a mount #303; see paragraph 0081 and Fig. 7b-7c: wings #307a and 307b).
Forrest does not disclose the second movable arm including a second securing device extending from the second movable arm.
Farina teaches a second movable arm including a second securing device extending from the second movable arm (see paragraph 0036 and Fig. 10-14: flexible tab #74 has a notch #70 formed within upper surface #72 that projects from it and secures a sensor #7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Forrest with the teachings of Farina to have added a securing device because it would have resulted in the predictable result of securing a sensor or other structural component to a device (Farina: see [0036]).
With respect to claim 3, all limitations of claim 1 apply in which Forrest further discloses wherein the hemodynamic status comprises a cardiac output of the patient (see paragraph 0006: hemodynamic status may comprise a cardiac output of the patient).
With respect to claim 4, all limitations of claim 1 apply in which Forrest further discloses wherein the transducer uses a lithium chloride indicator method to measure the hemodynamic status of the patient (see paragraph 0007: the transducer uses a lithium chloride indicator method to measure the hemodynamic status of the patient).
With respect to claim 5, all limitations of claim 1 apply in which Forrest further discloses wherein the one or more hardware processors are configured to not transmit, to the monitor, the one or more signals, and to transmit, to the monitor, the one or more physiological parameters (see paragraph 0008: the one or more hardware processors may be configured to not transmit, to the monitor, the one or more signals, and to transmit, to the monitor, the one or more physiological parameters).
With respect to claim 6, all limitations of claim 1 apply in which Forrest further discloses wherein the adapter comprises a button configured to cause the one or more hardware processors to alter a value of the one or more physiological parameters to an altered value (see paragraph 0013: the adapter includes a button configured to cause the one or more hardware processors to alter a value of the one or more physiological parameters to an altered value).
With respect to claim 7, all limitations of claim 6 apply in which Forrest further discloses wherein the altered value comprises a default value or zero value (see paragraph 0014: the altered value includes a default value or zero value).
With respect to claim 8, all limitations of claim 2 apply in which Forrest further discloses wherein the first bracket arm is separated from the second bracket arm by a width (see Fig. 7A; and see paragraph 0021: first and second bracket separated by a width).
With respect to claim 9, all limitations of claim 8 apply in which Forrest further discloses wherein the width comprises a distance between and including 26 mm and 30 mm (see Fig. 7A-7C and see paragraph 0080: width between first and second bracket may be 30mm, 28mm, 26mm any distance between or greater than or less than 30mm or 26mm).
With respect to claim 10, all limitations of claim 1 apply in which Forrest further discloses the system further comprising the monitor, the monitor comprising the display and configured to display graphical user interfaces via the display and receive user input via the display (see paragraph 0046 and 0066: monitor device #105 has display that displays graphical user interfaces via the display and receive user input via the display).
With respect to claim 11, Forrest discloses a system for monitoring a hemodynamic status of a patient, the system (see paragraph 0063 and Fig. 1: system #100) comprising:
a holder configured to couple a transducer to a mounting plate, wherein the transducer is configured to couple to a patient and measure a hemodynamic status of the patient (see paragraph 0079-0081: transducer shroud #201 may include similar structural and/or operational features described with reference to example transducer #101 where transducer shroud is mounted to a mounted plate #301 through engagement with transducer wings #305, #307 with mounting plate brackets #303 and the transducer shroud #201 may be configured to hold transducer #213 coupled to patient), the holder comprising:
a first movable arm configured to engage a first bracket arm of the mounting plate (see paragraph 0080-0081: transducer shroud #201 includes one or more moveable wings #305 that engage with a mounting plate #301 through a mount #303); and
a second movable arm configured to engage a second bracket arm of the mounting plate (see paragraph 0080-0081: transducer shroud #201 includes one or more moveable wings #305 that engage with a mounting plate #301 through a mount #303; see paragraph 0081 and Fig. 7b-7c: wings #307a and 307b); and
wherein the holder is configured to secure to a plurality of mounting plates with varying widths (see paragraph 0027: the holder is configured to secure to a plurality of mounting plates with varying depths of bracket arms; and see paragraph 0080: holder can secure to a plurality of mounting plates with varying widths of distances of 30mm, 28mm, 26mm, any distance in between or greater than or less than 30 mm or 26 mm. In some examples, the distance between brackets may be referred to as a slot. A depth of the slot may be any number of depths, including, but not limited to 2.5 to 5.5 mm or a value outside of that range).
Forrest does not disclose the first movable arm including a first securing device extending from the first movable arm; and the second movable arm including a second securing device extending from the second movable arm.
Farina teaches a first movable arm including a first securing device extending from the first movable arm (see paragraph 0036 and Fig. 10-14: flexible tab #54 has a notch #70 formed within upper surface #72 that projects from it and secures a sensor #7) and Farina further teaches a second movable arm including a second securing device extending from the second movable arm (see paragraph 0036 and Fig. 10-14: flexible tab #74 has a notch #70 formed within upper surface #72 that projects from it and secures a sensor #7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Forrest with the teachings of Farina to have added a securing device because it would have resulted in the predictable result of securing a sensor or other structural component to a device (Farina: see [0036]).
With respect to claim 12, all limitations of claim 11 apply in which Forrest further discloses wherein the transducer is configured to communicate with a patient monitor through an adapter (see paragraph 0028: the transducer is configured to communicate with a patient monitor through an adapter).
With respect to claim 13, all limitations of claim 11 apply in which Forrest further discloses wherein the holder is configured to secure to a plurality of mounting plates with varying depths of the first bracket arm and the second bracket arm (see paragraph 0027: the holder is configured to secure to a plurality of mounting plates with varying depths of bracket arms).
With respect to claim 14, all limitations of claim 11 apply in which Forrest further discloses wherein the first movable arm or the second movable arm is configured to be depressed inwards towards the transducer (see paragraph 0023: the first or second flexible arm is configured to be depressed inwards towards a central axis of the transducer).
With respect to claim 15, all limitations of claim 11 apply in which Forrest further discloses wherein the first movable arm or the second movable arm is configured to provide an outward force towards the first bracket arm or the second bracket arm when depressed inwards (see paragraph 0024: wherein the first or second flexible arm is configured to provide an outward force towards the at least one bracket when depressed inwards).
With respect to claim 16, all limitations of claim 11 apply in which Forrest further discloses wherein the first movable arm or the second movable arm are integrated into the holder (see paragraph 0024: the first or second flexible arm are integrated into the holder).
With respect to claim 17, all limitations of claim 11 apply in which Farina further teaches wherein the first securing device or the second securing device is integrated into the holder (see paragraph 0035-0036, 0081).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Forrest with the teachings of Farina to integrate a securing device to a holder because it would have resulted in the predictable result of precisely and securely attaching a mounted sensor (Farina: [0035]).
With respect to claim 18, all limitations of claim 11 apply in which Farina further teaches wherein the first securing device or the second securing device is configured to be depressed inwards towards the transducer (see paragraph 0033-0034: tab #14 carrying lip #32 depresses wing during insertion and springs back).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Forrest with the teachings of Farina to depress a securing device inwards because it would have resulted in the predictable result of precisely and securely attaching a mounted sensor (Farina: [0035]).
With respect to claim 19, all limitations of claim 11 apply in which Farina further teaches wherein the first securing device or the second securing device is configured to provide an outward force towards the first bracket arm or the second bracket arm when depressed inwards (see paragraph 0035-0036 and 0080: wing springs outward where notch #70 on #72 attached to the wing transfers its reaction force to bracket).
With respect to claim 20, all limitations of claim 11 apply in which Forrest further discloses wherein the holder is configured to couple the transducer to the mounting plate without using any adhesive (see paragraph 0079-0080: outward force may provide sufficient outward tension or force to removable couple the transducer shroud #201 to mounting plate).
Conclusion
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/N.N.P./Examiner, Art Unit 3791
/JENNIFER ROBERTSON/Supervisory Patent Examiner, Art Unit 3791
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