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. 19/199,873 of BARKER et al. for “MODULAR MULTI-PARAMETER PATIENT MONITORING DEVICE” filed on February 07, 2023, which preliminary amended on May 06, 2025 has been examined.
Drawings
Drawings Figures 1A-11 submitted on May 06, 2025 are in compliance with the provisions of 37 CFR 1.121(d).
Information Disclosure Statements
The information disclosure statement (IDS) submitted on May 06, 2025 is being considered by the examiner.
Double Patenting Rejection
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 § 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 2 is non-provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claims 1 and 2 of U.S. Patent No. 12,318,229 B2. The difference between the patented narrower claims 1 and 2 and the instant broad claim 2 of the instant application are not patentably distinct from each other as set forth in the table herein below:
Instant App. No. 19/199,873:
U.S. Patent No. 12,318 229 B2:
Claim 2: A multi-parameter patient monitoring device, the device comprising: a display screen; a hardware processor configured to receive data wirelessly transmitted to the hardware processor and output a plurality of physiological parameters based on the data to be displayed on the display screen; and a housing accommodating the display screen and the hardware processor, wherein the housing comprises a first portion and a second portion, wherein the second portion extends from a back surface of the first portion, the display screen located at the first portion, wherein the first portion includes a first rectangular footprint and the second portion includes a second rectangular footprint, the second portion comprising a sloped side wall such that the second rectangular footprint of the second portion at a location furthest away from the first portion is smaller than the first rectangular footprint,
wherein the second portion comprises a first row of vent opening and a second row of vent opening located on opposite sides of the sloped side wall.
Claim 1: A multi-parameter patient monitoring device, the device comprising: a display unit including a display screen; one or more processors configured to receive physiological data wirelessly transmitted to the one or more processors and output a plurality of physiological parameters based on the physiological data to be displayed on the display screen; a housing accommodating the display unit and the one or more processors, wherein the housing comprises a first portion and a second portion, the display unit located at the first portion with the display screen on a front surface of the first portion, the first portion having a first rectangular footprint, wherein the second portion extends from a back surface of the first portion, and wherein the second portion comprises a sloped side wall such that a second rectangular footprint of the second portion at a location furthest away from the first portion is smaller than the first rectangular footprint; and a handle extending from the housing.
Claim 2: The device of claim 1, wherein the second portion comprises a first row of vent opening and a second row of vent opening located on opposite sides of the sloped side wall.
In view of the above, since the subject matters recited in the broad claim 2 of the instant application were fully disclosed in and covered by narrow claims 1 and 2 of U.S. Patent No. 12,318,229 B2, allowing claim 2 would result in an unjustified or improper granted of patents.
This is a non-provisional non-statutory obviousness-type double patenting rejection because the conflicting claims have in fact been patented.
Claim 2 is non-provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 1 of U.S. Patent No. 10,327,713 B2. The difference between the patented narrower claim 1 and the instant broad claim 2 of the instant application are not patentably distinct from each other as set forth in the table herein below:
Instant App. No. 19/199,873:
U.S. Patent No. 10,327,713 B2:
Claim 2: A multi-parameter patient monitoring device, the device comprising: a display screen; a hardware processor configured to receive data wirelessly transmitted to the hardware processor and output a plurality of physiological parameters based on the data to be displayed on the display screen; and a housing accommodating the display screen and the hardware processor, wherein the housing comprises a first portion and a second portion, wherein the second portion extends from a back surface of the first portion, the display screen located at the first portion, wherein the first portion includes a first rectangular footprint and the second portion includes a second rectangular footprint, the second portion comprising a sloped side wall such that the second rectangular footprint of the second portion at a location furthest away from the first portion is smaller than the first rectangular footprint, wherein the second portion comprises a first row of vent opening and a second row of vent opening located on opposite sides of the sloped side wall.
Claim 1: A processing unit of a multi-parameter patient monitoring system with improved heat dissipation, the processing unit comprising: a housing unit including a front side, a back side, and a side surface extending between the front and back sides, the housing unit comprising one or more first vent openings and one or more second vent openings, the one or more first vent openings and the one or more second vent openings located on opposite ends of the housing unit, wherein the housing unit comprises an outer component and an inner component, the inner component located at least partially within the outer component; one or more hardware processors within the housing unit; and a fan within in the housing unit, wherein, when activated, the fan draws pressurized air into the one or more first vent openings, the pressurized air flowing over the one or more hardware processors before exiting the housing unit via the one or more second vent openings, wherein at least one of the one or more first vent openings or the one or more second vent openings are located on the inner component, a portion of the outer component extending over the at least one of the one or more first vent openings or the one or more second vent openings and an inner wall of the portion of the outer component being separated from the at least one of the one or more first vent openings or the one or more second vent openings by a gap so as to shield the at least one of the one or more first vent openings or the one or more second vent openings from liquid drops without impeding the pressurized air from flowing across the at least one of the one or more first vent openings or the one or more second vent openings.
In view of the above, since the subject matters recited in the broad claim 2 of the instant application were fully disclosed in and covered by narrow claim 1 of U.S. Patent No. 10,327,713 B2, allowing claim 2 would result in an unjustified or improper granted of patents.
This is a non-provisional non-statutory obviousness-type double patenting rejection because the conflicting claims have in fact been patented.
Claim 2 is non-provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 15 of U.S. Patent No. 10,667,762 B2. The difference between the patented narrower claim 15 and the instant broad claim 2 of the instant application are not patentably distinct from each other as set forth in the table herein below:
Instant App. No. 19/199,873:
U.S. Patent No. 10,667,762 B2:
Claim 2: A multi-parameter patient monitoring device, the device comprising: a display screen; a hardware processor configured to receive data wirelessly transmitted to the hardware processor and output a plurality of physiological parameters based on the data to be displayed on the display screen; and a housing accommodating the display screen and the hardware processor, wherein the housing comprises a first portion and a second portion, wherein the second portion extends from a back surface of the first portion, the display screen located at the first portion, wherein the first portion includes a first rectangular footprint and the second portion includes a second rectangular footprint, the second portion comprising a sloped side wall such that the second rectangular footprint of the second portion at a location furthest away from the first portion is smaller than the first rectangular footprint, wherein the second portion comprises a first row of vent opening and a second row of vent opening located on opposite sides of the sloped side wall.
Claim 15: A device rack of a multi-parameter patient monitoring system with improved heat dissipation, the device rack configured to electrically communicate with a graphics processing unit separate from the device rack, the device rack comprising: a device rack housing having a front side, a back side, and a side surface extending between the front and back sides, the back side comprising a plurality of vent openings; a docking compartment comprising a plurality of docks configured to receive a plurality of patient monitor modules, the plurality of patient monitor modules each configured for connecting to one or more sensors so as to measure one or more physiological parameters, wherein the dock compartment is located within the device rack housing and is spaced apart from an inner wall of the device rack housing to define a gap, the dock compartment comprising a plurality of vent openings adjacent to the gap; a processor unit configured to receive and process data from the plurality of patient monitor modules, the processing unit being located closer to the back side than the docking compartment; and a fan located in the housing, wherein, when activated, the fan is configured to draw pressurized air into the gap, the pressurized air flowing over the processor unit before exiting through the plurality of vent openings on the back side.
In view of the above, since the subject matters recited in the broad claim 2 of the instant application were fully disclosed in and covered by narrow claim 15 of U.S. Patent No. 10,667,762 B2, allowing claim 2 would result in an unjustified or improper granted of patents.
This is a non-provisional non-statutory obviousness-type double patenting rejection because the conflicting claims have in fact been patented.
Claim 2 is non-provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 3 of U.S. Patent No. 11,596,365 B2. The difference between the patented narrower claim 3 and the instant broad claim 2 of the instant application are not patentably distinct from each other as set forth in the table herein below:
Instant App. No. 19/199,873:
U.S. Patent No. 11,596,365 B2:
Claim 2: A multi-parameter patient monitoring device, the device comprising: a display screen; a hardware processor configured to receive data wirelessly transmitted to the hardware processor and output a plurality of physiological parameters based on the data to be displayed on the display screen; and a housing accommodating the display screen and the hardware processor, wherein the housing comprises a first portion and a second portion, wherein the second portion extends from a back surface of the first portion, the display screen located at the first portion, wherein the first portion includes a first rectangular footprint and the second portion includes a second rectangular footprint, the second portion comprising a sloped side wall such that the second rectangular footprint of the second portion at a location furthest away from the first portion is smaller than the first rectangular footprint, wherein the second portion comprises a first row of vent opening and a second row of vent opening located on opposite sides of the sloped side wall.
Claim 3: A multi-parameter patient monitoring system, the system comprising: one or more patient monitor modules configured to connect to one or more sensors, each of the one or more patient monitor modules comprising a processor configured to process and output one or more patient data based on signals from the one or more sensors; a device rack including a plurality of docks, wherein the plurality of docks is configured to receive the one or more patient monitor modules, the device rack comprising a processor configured to: receive the one or more patient data from each of the one or more patient monitor modules received into the plurality of docks of the device rack; and output one or more physiological parameter measurements for display based on the one or more patient data; and a display unit physically separate from the device rack, the display unit comprising a graphics processor configured to communicate with the processor of the device rack to display values of the one or more physiological parameter measurements from the processor of the device rack.
In view of the above, since the subject matters recited in the broad claim 2 of the instant application were fully disclosed in and covered by narrow claim 3 of U.S. Patent No. 11,596,365 B2, allowing claim 2 would result in an unjustified or improper granted of patents.
This is a non-provisional non-statutory obviousness-type double patenting rejection because the conflicting claims have in fact been patented.
Claim 2 is non-provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,969,269 B2. The difference between the patented narrower claim 1 and the instant broad claim 2 of the instant application are not patentably distinct from each other as set forth in the table herein below:
Instant App. No. 19/199,873:
U.S. Patent No. 11,969,269 B2:
Claim 2: A multi-parameter patient monitoring device, the device comprising: a display screen; a hardware processor configured to receive data wirelessly transmitted to the hardware processor and output a plurality of physiological parameters based on the data to be displayed on the display screen; and a housing accommodating the display screen and the hardware processor, wherein the housing comprises a first portion and a second portion, wherein the second portion extends from a back surface of the first portion, the display screen located at the first portion, wherein the first portion includes a first rectangular footprint and the second portion includes a second rectangular footprint, the second portion comprising a sloped side wall such that the second rectangular footprint of the second portion at a location furthest away from the first portion is smaller than the first rectangular footprint, wherein the second portion comprises a first row of vent opening and a second row of vent opening located on opposite sides of the sloped side wall.
Claim 1: A multi-parameter patient monitoring system, the system comprising: a first device comprising a first processing system in electrical communication with one or more physiological sensors attached to a patient, the first processing system configured to receive and process signals from the one or more physiological sensors to calculate one or more physiological parameters of the patient, the first processing system further configured to output the one or more physiological parameters for display; and a second device physically separated from the first device and in electrical communication with the first device, the second device comprising a display unit and a second processing system, the second processing system configured to receive the one or more physiological parameters outputted by the first processing system and display the one or more physiological parameters on the display unit, wherein the second device comprises a first housing portion and a second housing portion, the display unit located in the first housing portion and the second housing portion located on a back side of the first housing portion, and wherein the second housing portion comprises a sloped side wall such that a first end of the sloped side wall surrounds a bigger surface area than a second end of the sloped side wall, the first end being closer to the back side of the first housing portion and the second end opposite the first end and being further away from the back side of the first housing portion, wherein at least one side of the sloped side wall comprises a plurality of vent openings.
In view of the above, since the subject matters recited in the broad claim 2 of the instant application were fully disclosed in and covered by narrow claim 1 of U.S. Patent No. 11,969,269 B2, allowing claim 2 would result in an unjustified or improper granted of patents.
This is a non-provisional non-statutory obviousness-type double patenting rejection because the conflicting claims have in fact been patented.
Allowable Subject Matter
Claims 3-19 are objected to as being dependent upon a rejected base claim 2, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following cited arts are further to show the state of art.
U.S. Publication No. 2006/0148398 A1 of Ruch et al, discloses an air vent and method for assembling an air vent are provided. In one embodiment an air vent includes a wall comprising a first wall segment which lies along a first plane and a second wall segment which lies along a second plane where the first plane is distinct from the second plane. The air vent also includes at least one opening disposed between the first segment and the second segment of the wall.
U.S. Publication No. 2009/0124868 A1 of Barnett et al, discloses a portable, lightweight, trauma treatment and patient monitoring device. The device comprises a base having a top surface and a pair of housings each having an inner surface. The housings are in pivotal communication with the base to enable selective articulation between a closed orientation and an open orientation. In the closed orientation, the inner surfaces of the housings are substantially parallel to the top surface of the base. In the open orientation, the pair of housings are in spaced opposed relation to each other and the inner surfaces are substantially perpendicular to the top surface of the base. The device also includes at least one bay located within at least one of the pair of housings. The bay is capable of receiving at least one medical monitoring/treatment device.
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/ June 11, 2026 Primary Examiner, Art Unit 2686
Prosecution Insights