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
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.
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.
Claim(s) 21, 28, 29, 32, 33, 34, 35, 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kasan (US 20180206733) in view of Evans (US 10085697).
Regarding claim 21, (New) A monitoring kit for establishing a monitoring environment for a user where the user is to be monitored remotely from a care provider, the kit comprising: a noninvasive patient sensor comprising: a wireless communications device; a memory device configured to store instructions; and a hardware processor configured to execute the instructions to pair, via the wireless communications device, with a user computing device through a downloadable application; (“The raw data measured by the pulse oximeter incorporated within any of the wearable devices 10, may be streamed to an application (app) within a mobile handheld devices 12, for example (see FIG. 1). The app runs the algorithm and controls the graphical display. The pulse oximeter may use Bluetooth technology or WIFI, for example, to stream the information to the app.” Kasan: paragraph 56)
and a remote server so as to provide physiological data of the user monitored by the kit to the care provider. (Kasan: figure 2)
The claimed and a connectivity hub device configured to communicate with the noninvasive patient sensor and a remote server is not specifically disclosed by Kasan. Evans discloses a pulse oximeter monitoring device that teaches using a pulse oximeter that communicates with a base station and a handheld monitor device (“FIG. 2 is a perspective view illustrating of a pulse oximeter system that includes a wearable device, a base station monitor device that communicates with the wearable device, and a handheld monitor device that communicates with the base station monitor device and/or the wearable device in accordance with example implementations of the present disclosure.” Evans: column 1, line 64 – column 2, line 3). Modifying Kasan to include a base station to receive data as well as the mobile device would increase the overall utility of the system by providing additional communication means. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Kasan according to Evans.
Regarding claim 28, (New) The kit of Claim 21, wherein the user computing device comprises a smartphone or a tablet. (Kasan: figure 1)
Regarding claim 29, (New) The kit of Claim 21, wherein the noninvasive patient sensor comprises a pulse oximetry sensor device. (Kasan: figure 2)
Regarding claim 32, (New) The kit of Claim 29, wherein the connectivity hub device is configured to transmit the user's blood oxygen saturation values measured by the pulse oximetry sensor device over a monitoring period to the remote server. (Kasan: figure 2)
Regarding claim 33, (New) The kit of Claim 21, wherein the noninvasive patient sensor comprises a wearable sensor assembly. (Kasan: figure 2)
Regarding claim 34, (New) The kit of Claim 33, wherein the connectivity hub device is configured to transmit the user's respiratory rate measurements measured by the wearable sensor assembly over a monitoring period to the remote server. (Kasan: figure 2)
Regarding claim 35, (New) The kit of Claim 33, wherein the wearable sensor assembly comprises one or any combinations of an acoustic sensor, a pulse oximeter sensor, a blood pressure sensor, or an ECG device. (Kasan: figure 2)
Regarding claim 36, (New) The kit of Claim 21, further comprising a temperature sensor, wherein the connectivity hub device is configured to transmit the user's temperature measurements measured by the temperature sensor over a monitoring period to the remote server. (“5. List of parameters to be displayed (as determined by the doctor) e.g. CO (Cardiac Output), CI=CO/BSA, SpO2, BP. Activity (calories or kW—computed from 3D accelerometer), Respiration (Res per minute), temperature, ECG, for example.” Kasan: paragraph 120)
Regarding claim 37, (New) The kit of Claim 21, wherein the noninvasive patient sensor is configured to transmit the physiological data to the user computing device. (Kasan: figure 2)
Claim(s) 22, 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kasan in view of Evans and further in view of Chorny (US 20210247393).
Regarding claim 22, (New) The kit of Claim 21, further comprising a package configured to be mailed to the user who is remote from the care provider is not specifically disclosed by Kasan and Evans. Chorny discloses a system for monitoring a remote user that teaches shipping a kit via the mail to the user (“Upon control unit 103 determining that a consumer entity has ordered a kit for the medical test (e.g., a diagnostic kit, a screening kit, and a monitoring kit), control unit 103 instructs program 107 in device 135 operated by the logistics entity to ship and deliver the kit for the medical test to the consumer entity.” Chorny: paragraph 65). Modifying Kasan and Evans to ship a monitoring kit to a user would increase the flexibility of the system by providing additional users with monitoring devices. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Kasan and Evans according to Chorny.
Regarding claim 23, (New) The kit of Claim 22, wherein the noninvasive patient sensor and the connectivity hub device are disposed within the package. (“Upon control unit 103 determining that a consumer entity has ordered a kit for the medical test (e.g., a diagnostic kit, a screening kit, and a monitoring kit), control unit 103 instructs program 107 in device 135 operated by the logistics entity to ship and deliver the kit for the medical test to the consumer entity.” Chorny: paragraph 65)
Claim(s) 24, 25, 26, 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kasan in view of Evans and further in view of Bhimavarapu (US 20210020307).
Regarding claim 24, (New) The kit of Claim 21, further comprising a scannable code encoding a link to download the downloadable application is not specifically disclosed by Kasan and Evans. Bhimavarapu discloses a medical monitoring device that teaches providing a QR code for downloading an associated application on a mobile device (“In some embodiments, hospitals 22 may encourage the use of health info app 30 by providing a bar code or QR code at various locations within hospital 22. After scanning the bar code or QR code, the user is taken to the download screen, such as shown in FIG. 2. In some embodiments, hospital 22 may provide patients 34d with a device 32a, 32c, or the like, that has health info app 30 pre-loaded on it. Hospitals 22 may also advise and/or remind the patients 34d to download health info app 30 upon check in. The code for a particular patient 34d may be provided at check in, sent to the patient's device 32 prior to check in (email, text, etc.), sent via conventional postal mail, or delivered in other manners.” Bhimavarapu: paragraph 85). Modifying Kasan and Evans to include a QR code for downloading the associated application would increase the simplicity of the system by easily providing the user with the means to operate it. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Kasan and Evans according to Bhimavarapu.
Regarding claim 25, (New) The kit of Claim 24, wherein the downloadable application is configured to receive input data associated with the scannable code. (“In some embodiments, hospitals 22 may encourage the use of health info app 30 by providing a bar code or QR code at various locations within hospital 22. After scanning the bar code or QR code, the user is taken to the download screen, such as shown in FIG. 2. In some embodiments, hospital 22 may provide patients 34d with a device 32a, 32c, or the like, that has health info app 30 pre-loaded on it. Hospitals 22 may also advise and/or remind the patients 34d to download health info app 30 upon check in. The code for a particular patient 34d may be provided at check in, sent to the patient's device 32 prior to check in (email, text, etc.), sent via conventional postal mail, or delivered in other manners.” Bhimavarapu: paragraph 85).
Regarding claim 26, (New) The kit of Claim 25, wherein the input data comprises an image of the scannable code captured by a camera of the user computing device. (“In some embodiments, hospitals 22 may encourage the use of health info app 30 by providing a bar code or QR code at various locations within hospital 22. After scanning the bar code or QR code, the user is taken to the download screen, such as shown in FIG. 2. In some embodiments, hospital 22 may provide patients 34d with a device 32a, 32c, or the like, that has health info app 30 pre-loaded on it. Hospitals 22 may also advise and/or remind the patients 34d to download health info app 30 upon check in. The code for a particular patient 34d may be provided at check in, sent to the patient's device 32 prior to check in (email, text, etc.), sent via conventional postal mail, or delivered in other manners.” Bhimavarapu: paragraph 85).
Regarding claim 27, (New) The kit of Claim 25, wherein receipt of the input data by the downloadable application causes the downloadable application to initiate pairing with the noninvasive patient sensor. (“In some embodiments, hospitals 22 may encourage the use of health info app 30 by providing a bar code or QR code at various locations within hospital 22. After scanning the bar code or QR code, the user is taken to the download screen, such as shown in FIG. 2. In some embodiments, hospital 22 may provide patients 34d with a device 32a, 32c, or the like, that has health info app 30 pre-loaded on it. Hospitals 22 may also advise and/or remind the patients 34d to download health info app 30 upon check in. The code for a particular patient 34d may be provided at check in, sent to the patient's device 32 prior to check in (email, text, etc.), sent via conventional postal mail, or delivered in other manners.” Bhimavarapu: paragraph 85).
Claim(s) 38, 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kasan in view of Evans and further in view of Official Notice.
Regarding claim 38, (New) The kit of Claim 37, wherein the user computing device is configured to transmit a confirmation signal to the noninvasive patient sensor indicating that the physiological data was received is not specifically disclosed by Kasan and Evans. Examiner takes Official Notice that it would have been well known to one of ordinary skill in the art at the time of invention to send confirmation signals upon receipt of a communication signal. Modifying Kasan and Evans to include a confirmation signal of received communications would increase the overall capabilities of the system by providing means for verifying communications. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Kasan and Evans according to Official Notice.
Regarding claim 39, (New) The kit of Claim 21, wherein the noninvasive patient sensor is configured to output an indicator that wireless communication is established between the noninvasive patient sensor and the user computing device, or between the noninvasive patient sensor and the connectivity hub device is not specifically disclosed by Kasan and Evans. Examiner takes Official Notice that it would have been well known to one of ordinary skill in the art at the time of invention to provide indications in response to the establishment of wireless communications. Modifying Kasan and Evans to include an indication of wireless communication would increase the overall capabilities of the system by providing means for verifying communications. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to modify Kasan and Evans according to Official Notice.
Allowable Subject Matter
Claims 30 and 31 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not disclose nor suggest a pulse oximetry sensor that comprises a reusable portion and disposable portion (claims 30 and 31).
Conclusion
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAVIS R HUNNINGS whose telephone number is (571)272-3118. The examiner can normally be reached M: 6-7:30a, 9:30a-4:45p, 8:30-10p; T: 6-7:30a, 12-4p, 7:30p-12a; W: 6-7:30a, 9:30a-4:45p; H: 6-7:30a, 8:15a-4:45p; F: 12:00-4:45p.
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/TRAVIS R HUNNINGS/ Primary Examiner, Art Unit 2689
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