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 .
DETAILED ACTION
1. This action is response to application filed on 03/12/2025. Claims 21-40 are pending.
2. Acknowledgment is made of applicant's amendments to the specification filed on 03/12/2025.
Allowable Subject Matter
3. There is no prior art of record, singly or in combination teaches the feature of claim(s) limitations in context of the claims 21, 30 and 35 as a whole. However, claims 21, 30 and 35 are not in allowance condition yet because of existing double patenting issue in those claims.
3. For claim 21, Talat et al. (CN 106716368 B) teaches network flows are assigned to the category. The flow in the lower priority class may be limited to allow the network resources to be available quickly or preemptive for the flow in the higher priority class (Talat, abstract). And Qing et al. (CN 111033458 A) teaches physiological data monitoring module, used for monitoring physiological data of at least one patient. physiological data monitoring module comprises: the electrocardiographic monitoring module for real-time monitoring the electrocardiogram signal, a blood oxygen monitoring module for real-time monitoring the blood oxygen signal, temperature monitoring module for real-time monitoring carbon dioxide monitoring module of the breathing gas, for respiratory monitoring module for real-time monitoring the breathing (using respiratory impedance method to monitor respiration, for example), is used for real-time monitoring the temperature, for blood pressure detection module for real-time monitoring of the blood pressure signal in one or combination of two or more. Of course each of the physiological monitoring module needs to match the corresponding sensor to obtain the source data, such as blood oxygen monitoring module needs data input by the blood oxygen probe, an electrocardio monitoring module to be input electrode monitoring signal, etc., so for monitor, further can comprises a plurality of monitoring probes or sensors, of course, these monitoring probes or sensors can be fixedly connected on the monitor, and also can through the interface module can be a plug-in connection to the monitor. Further, at least one physiological data monitoring module can adopt the split type plate card design, and also can adopt integrated board card design, therefore, at least one physiological data monitoring module can be integrated on to one or more processor main board, or can also share a processor main board with the processor (page 9, page 17). However, combination of the Talat and the Qing does not teach generate virtual representations of the respective data streams emulating operational characteristics of the respective physical devices; generate a single prioritized data stream from the virtual representations of the respective data streams based on the respective prioritizations; and transmit the single prioritized data stream; and interchangeable transport medium defining a single data connection over which the mount transmits the prioritized data stream; and a patient monitoring device programmed to: receive the single prioritized data stream over the single data connection; and split the received single prioritized data stream into the virtual representations of the respective data streams as claimed. Claims 30 and 35 are objected under rationales of claim 21.
Double patenting
4. The non-statutory 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 non-statutory 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 non-statutory 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 §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claim 21, 30 and 35 are rejected on the ground of nonstatutory double patenting as being obvious over claims 1+8 of US Patent# 12274528. Although the claims at issue are not identical, they are not patentably distinct from each other because both of them describe a similar method for a patient monitoring system with capable of sending and receiving generated single prioritized data streams.
The current application 19077310
US Patent# 12274528
Explanation
21.A patient monitoring system, comprising:
a mount programmed to:
prioritize each of a plurality of received data streams, each respective data stream received from each one of one or more physical devices;
generate virtual representations of the respective data streams emulating operational characteristics of the respective physical devices;
generate a single prioritized data stream from the virtual representations of the respective data streams based on the respective prioritizations; and
transmit the single prioritized data stream;
an interchangeable transport medium defining a single data connection over which the mount transmits the prioritized data stream; and
a patient monitoring device programmed to: receive the single prioritized data stream over the single data connection; and
split the received single prioritized data stream into the virtual representations of the respective data streams.
1.A system for use with a first physical device and a second physical device configured to provide data relating to a patient via a first data stream and a second data stream, respectively, wherein the first data stream comprises a first data type and the second data stream comprises a second data type and excludes the first data type, the system comprising:
a mount module, including at least one processor, configured to be coupled to the first physical device and the second physical device, wherein the mount module is configured to (i) receive the first data stream and the second data stream, wherein the first data stream comprises physiological data derived from the patient as the first data type and the second data stream comprises non-physiological data as the second data type, (ii) apply different priority levels to each of the first physical device and the second physical device based on respective data types, including the first data type and the second data type, and (iii) generate a prioritized data stream comprising the first data stream and the second data stream based on the different priority levels assigned to both of the first physical device and the second physical device, wherein, when generating the prioritized data stream, data provided by the first data stream is given a higher priority over data provided by the second data stream, wherein the mount module comprises a first transfer interface configured to emulate operational characteristics of the first data stream received from the first physical device and the second data stream received from the second physical device by translating the first data stream and the second data stream into compatible signal representations for transport, wherein the operational characteristics include at least one: device signals, control lines, or protocols within the first data stream and the second data stream; a patient monitoring device, including at least one processor, configured to receive the prioritized data stream via a single data connection and to unpack the prioritized data stream into virtual representations of the first data stream and the second data stream, wherein the virtual representations emulate operational characteristics of the first physical device and the second physical device; and an interchangeable transport medium module comprising a virtualized connection arranged between the mount module and the patient monitoring device, wherein the virtualized connection comprises a plurality of virtual local area networks (VLANs), wherein the VLANs have different priorities according to the different priority levels, the interchangeable transport medium module configured to transport the first data stream using a first VLAN of the VLANs and the second data stream using a second VLAN of the VLANs of different priorities, wherein the prioritized data stream is transported as compatible signal representations via the single data connection.
8.The system of claim 1, wherein the patient monitoring device comprises a second transfer interface configured to split the prioritized data stream into the virtual representations of the first data stream and the second data stream, wherein the second transfer interface is further configured to process the virtual representations of the first data stream and the second data stream, generate a prioritized response data stream based on the different priority levels, and transmit the prioritized response data stream to the mount module.
Similar remarks apply to the instant claims 30 and 35.
Conclusions
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAN DAI T TRUONG whose telephone number is (571)272-7959. The examiner can normally be reached Monday-Friday 7:00 Am to 3:00 PM.
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/LAN DAI T TRUONG/Primary Examiner, Art Unit 2444
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