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 .
The instant application having application No. 19/172,660 of WHITE for “HOSPITAL PATIENT COMMUNICATION SYSTEM FOR HALLWAY BEDS WITH INTEGRATED EMERGENCY ALERTS AND TWO-WAY VOICE COMMUNICATION” submitted with a preliminary amendment on April 08, 2025 has been examined.
Drawings
Drawings Figures 1-14 submitted on April 08, 2025 are in compliance with the provisions of 37 CFR 1.121(d).
Claim Objections
Claims 1, 3, 6 and 10-11 are objected to because of the following informalities:
Regarding claim 1, independent claim 1 fails to meet this requirement of a claim should start with an uppercase letter and end with a period (“.”) as one sentence, as such, claim 1, recite limitations that start with uppercase letter in lines 11, 12, 14, 15, 17 and 19.
Regarding claim 1, independent claim 1, in line 20, contain an abbreviation IV that should be presented as an expanded form.
Regarding claim 3, dependent claim 3, in line 3, contain an abbreviation ID that should be presented as an expanded form.
Regarding claim 6, Each claim should start with an uppercase letter and end with a period (“.”) as one sentence, as such, dependent claim 6, in lines 4, 5, 7, and 8 contain multiple periods (“.”). Claim 6 also recite limitations that start with uppercase letter in lines 3, 5, 6, 8 and 9.
Regarding claim 10, dependent claim 10, in line 1, contain an abbreviation LED that should be presented as an expanded form.
Regarding claim 11, dependent claim 11, in line 3, contain an abbreviation IV that should be presented as an expanded form. (Since claim 11 depends on independent claim 1, if claim the
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Regarding claim 1, the claim recites the limitation "A patient call button", "a hospital bed", "A patient call button" and "a hospital bed" in lines 4, 8, 15 and 20, respectively. It is not clear if the patient call button recited in line 15 is the same as the patient call button recited in line 4. Also, it is not clear if the hospital bed recited in line 20 is the same as the hospital bed recited in line 8. The two patient call button and two hospital bed recited in claim 1 make the claim limitations ambiguous, which makes the claim indefinite. If the two limitations are referring to the same projection, thus the patient call button and the hospital bed recited in lines 15 and 20 should positively tie back to the patient call button and the hospital bed of lines 4 and 8, respectively.
Regarding claim 3, the abbreviation “e.g.” for the phrase "for example" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Double Patenting
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 claims at issue 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); and In re Torrington, 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 a non-statutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based terminal Disclaimer may be filled out completely online using web-screens. An terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about terminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of co-pending U.S. Patent Application No. 19/438,625. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant pending claim is much broader version of the co-pending claim as the pending independent claim fail to recite a hospital, an enclosure housing, a patient, a hospital staff and a hospital bed. The double patenting rejection of the pending claim is shown in the table below by matching the limitations of the pending claim with the corresponding limitations of the co-pending claim.
Claim 1 is rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of co-pending U.S. Patent Application No. 19/438,625 in view of TALLENT et al (U.S. Publication No. 2022/0054337 A1) hereinafter “Tallent”.
Pending App. No. 19/172,660:
Co-pending App No. 19/438,625:
Claim 1: A wireless call light device (100) for use in a hospital, comprising:
Claim 1: A wireless call light device comprising:
an enclosure (104) housing:
a communication portal (128) configured to place a call to a pre-programmed recipient upon activation of a patient call button (106, 110);
a communication portal configured to place a call to a pre-programmed recipient upon activation of a call initiation control;
a speaker (108) and microphone (144) for enabling two-way audio communication between a patient (138) and hospital staff;
a speaker and microphone for enabling two-way audio communication between a first user and a second user;
a memory (124) and processor (126) configured to store a user-programmable identifier corresponding to a hospital bed (136) and transmit the assigned identifier to a central database system (142) when a call is placed;
a memory and processor configured to store a user-programmable identifier corresponding to a patient support apparatus and transmit the assigned identifier to a central database system when a call is placed;
An indicator light (102) configured to illuminate when a call is initiated;
an indicator light configured to Illuminate when a call is initiated;
Remain illuminated until manually turned off via a staff-only reset mechanism;
configured to remain illuminated until manually turned off via an authorized reset mechanism; and
Remain unaffected by repeated button presses after call initiation;
configured to enter a latched call state that
suppresses processing of repeated call initiation inputs until receipt of an authorized reset command;
A patient call button (106) mounted on the enclosure (104) and a separately attached flexible cord button (110) with a grip (118) for patient accessibility;
a call initiation control mounted on the enclosure, or a remotely coupled call initiation control comprising a flexible cord and a grip portion;
A power source (130), including a hot-swappable battery housed within a battery compartment (120);
a power source, including a hot-swappable battery housed within a battery compartment;
A holding clip (132) and a rod attachment mechanism (134) configured to secure the device to a hospital bed (136) or IV pole.
a holding clip or a rod attachment mechanism configured to secure the device to a patient support apparatus or IV pole;
and an artificial intelligence interface executed by the processor and operatively coupled to patient-facing software functions and controllable hardware components of the device, the artificial intelligence interface being configured to receive patient input and determine one or more device actions to be performed.
Co-pending claim 1 fails to expressly disclose a hospital, an enclosure housing, a patient, a hospital staff and a hospital bed.
Tallent, in the same endeavor, discloses system and method of patient bed communication and bed-to-room association in a healthcare facility (shown in Figures 1-3 and described in Abstract, Paragraphs 0041-0043) comprising: a hospital (described in Paragraph 0069), an enclosure housing (a housing 32, shown in Figures 1-2 and described in Paragraph 0058), a patient (a patient, described in Paragraph 0058), a hospital staff (staff [i.e. a hospital staff], described in Paragraph 0066), a patient call button (user inputs button 34 [i.e. a patient call button], shown in Figures 1-3 and described in Paragraphs 0058 and 0062), and a hospital bed (beds 20 [i.e. a hospital bed], shown in Figures 1-3 and described in Paragraphs 0055 and 0060).
In view of the above, having Co-pending claim 1's a wireless call light device comprising: a communication portal configured to place a call to a pre-programmed recipient upon activation of a call initiation control and then given the well-established teaching of Tallent's a hospital, an enclosure housing, a patient, a hospital staff and a hospital bed, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Co-pending Claim
1's wireless call light device to facilitate communication between patient and nurse station as suggested by Tallent's
(Paragraphs 0002-0003).
In view of the above, since the subject matters recited in the broad claim 1 of the instant application was fully disclosed in and covered by narrow claim 1 of Co-pending U.S. Patent Application No. 19/438,625 in view of Tallent, allowing the broad claim 1 would result in an unjustified or improper timewise extension of the “right to exclude” granted by a patent.
This is a provisional non-statutory type double patenting rejection because the conflicting claims have in fact has not been patented.
Claim 1 is rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of co-pending U.S. Patent Application No. 19/438,614. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant pending claim is much broader version of the co-pending claim as the pending independent claim fail to recite a hospital, an enclosure housing, a patient, a hospital staff and a hospital bed. The double patenting rejection of the pending claim is shown in the table below by matching the limitations of the pending claim with the corresponding limitations of the co-pending claim.
Claim 1 is rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of co-pending U.S. Patent Application No. 19/438,614 in view of TALLENT et al (U.S. Publication No. 2022/0054337 A1) hereinafter “Tallent”.
Pending App. No. 19/172,660:
Co-pending App No. 19/438,614:
Claim 1: A wireless call light device (100) for use in a hospital, comprising:
Claim 1: A wireless call light device comprising:
an enclosure (104) housing:
a communication portal (128) configured to place a call to a pre-programmed recipient upon activation of a patient call button (106, 110);
a communication portal configured to place a call to a pre-programmed recipient upon activation of a call initiation control;
a speaker (108) and microphone (144) for enabling two-way audio communication between a patient (138) and hospital staff;
a speaker and microphone for enabling two-way audio communication between a first user and a second user;
a memory (124) and processor (126) configured to store a user-programmable identifier corresponding to a hospital bed (136) and transmit the assigned identifier to a central database system (142) when a call is placed;
a memory and processor configured to store a user-programmable identifier corresponding to a patient support apparatus and transmit the assigned identifier to a central database system when a call is placed;
An indicator light (102) configured to illuminate when a call is initiated;
an indicator light configured to Illuminate when a call is initiated;
Remain illuminated until manually turned off via a staff-only reset mechanism;
configured to remain illuminated until manually turned off via an authorized reset mechanism; and
Remain unaffected by repeated button presses after call initiation;
configured to enter a latched call state that
suppresses processing of repeated call initiation inputs until receipt of an authorized reset command;
A patient call button (106) mounted on the enclosure (104) and a separately attached flexible cord button (110) with a grip (118) for patient accessibility;
a call initiation control mounted on the enclosure, or a remotely coupled call initiation control comprising a flexible cord and a grip portion;
A power source (130), including a hot-swappable battery housed within a battery compartment (120);
a power source, including a hot-swappable battery housed within a battery compartment;
A holding clip (132) and a rod attachment mechanism (134) configured to secure the device to a hospital bed (136) or IV pole.
a holding clip or a rod attachment mechanism configured to secure the device to a patient support apparatus or IV pole;
and an artificial intelligence interface executed by the processor and operatively coupled to patient-facing software functions and controllable hardware components of the device, the artificial intelligence interface being configured to receive patient input and determine one or more device actions to be performed.
Co-pending claim 1 fails to expressly disclose a hospital, an enclosure housing, a patient, a hospital staff and a hospital bed.
Tallent, in the same endeavor, discloses system and method of patient bed communication and bed-to-room association in a healthcare facility (shown in Figures 1-3 and described in Abstract, Paragraphs 0041-0043) comprising: a hospital (described in Paragraph 0069), an enclosure housing (a housing 32, shown in Figures 1-2 and described in Paragraph 0058), a patient (a patient, described in Paragraph 0058), a hospital staff (staff [i.e. a hospital staff], described in Paragraph 0066), a patient call button (user inputs button 34 [i.e. a patient call button], shown in Figures 1-3 and described in Paragraphs 0058 and 0062), and a hospital bed (beds 20 [i.e. a hospital bed], shown in Figures 1-3 and described in Paragraphs 0055 and 0060).
In view of the above, having Co-pending claim 1's a wireless call light device comprising: a communication portal configured to place a call to a pre-programmed recipient upon activation of a call initiation control and then given the well-established teaching of Tallent's a hospital, an enclosure housing, a patient, a hospital staff and a hospital bed, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to modify Co-pending Claim
1's wireless call light device to facilitate communication between patient and nurse station as suggested by Tallent's
(Paragraphs 0002-0003).
In view of the above, since the subject matters recited in the broad claim 1 of the instant application was fully disclosed in and covered by narrow claim 1 of Co-pending U.S. Patent Application No. 19/438,614 in view of Tallent, allowing the broad claim 1 would result in an unjustified or improper timewise extension of the “right to exclude” granted by a patent.
This is a provisional non-statutory type double patenting rejection because the conflicting claims have in fact has not been patented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following cited arts are to show the state of art.
U.S. Publication No. 2023/0301860 A1 of THAW, discloses an adaptive hyperbaric oxygen chamber designed to function as a medical apparatus in order to treat a subject suffering from any FDA approved medical condition. The hyperbaric oxygen chamber is designed and constructed in such a way that only one subject can be allowed to sit in an upright seated position, unless the pediatric seat is occupied by a pediatric patient and the adult is seated in the standard seat to accompany the pediatric patient. The upright patient seat when treating a pediatric patient is in the extended position while the occupant enters and exits the mono medical hyperbaric oxygen chamber and the seat is returned to the fixed position inside the hyperbaric oxygen chamber while the overhead door is closed, the seat being operated by an extension device. The hyperbaric oxygen chamber is made, using additive manufacturing technology. The hyperbaric oxygen chamber provides two hundred to five hundred liters of one hundred percent oxygen per minute to the pressure vessel. A nitrogen scrubber is connected to a discharge air duct of this hyperbaric oxygen chamber that converts the oxygen being expelled through the air duct to one hundred percent nitrogen.
U.S. Publication No. 2008/0224861 A1 of MCNEELY et al, discloses an system is provided for use with a pre-existing hospital bed and a nurse call system. The system includes a first apparatus that is coupleable to a data port of the hospital bed and a second apparatus that is spaced from the hospital bed, that is spaced from the first apparatus, and that is coupleable to the nurse call system. A transmitter of the first apparatus is operable to transmit data received at the data port to a receiver that is operable to wirelessly receive data transmitted by the wireless transmitter of the first apparatus. The first apparatus and second apparatus are used in lieu of a cable that is otherwise usable to connect the hospital bed to the nurse call system via a hard-wired connection.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SISAY YACOB whose telephone number is (571)272-8562. The examiner can normally be reached Monday - Friday 10:30-07:00 ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN A ZIMMERMAN can be reached at (571) 272-3059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SISAY YACOB/ August 19, 2026 Primary Examiner, Art Unit 2686
Prosecution Insights