DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Notice to Applicant
This communication is in response to application filed 5/13/2025. It is noted that application is a continuation of 18/465,542 filed 09/12/2023 (now US Patent No. 12,329,548) which is a continuation of 17/451,554 filed 10/20/21 (now US Patent No. 11,786,183) which is a continuation of 15/968,392 filed 05/01/2018 (now US Patent No. 11,179,114) which is a continuation of 15/214,156 filed 07/19/2016 (now US Patent No. 9,993,207) which is a division of 13/651,167 filed 10/12/2012 (now US Patent No. 9436645). 13/651,167 is related to provisional applications: 61/703,773 filed 09/20/2012; 61/597,120 filed 02/09/2012; 61/547,577 filed 10/14/2011 and 61/547,017 filed 10/13/2011. Claims 2-21 are pending.
Information Disclosure Statement
Information disclosure statements dated 6/16/25 has been acknowledged and considered.
Double Patenting
The nonstatutory 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 nonstatutory 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 nonstatutory 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of U.S. Patent No. 12,329,548 claims 1-25 of U.S. Patent No. 11,786,183 and claims 1-23 of U.S. Patent No. 11179114.
Pending Claim 2
U.S. Patent No. 12,329,548
U.S. Patent No.
11,786,183
U.S. Patent No.
11,179,114
2. (New) A system for outputting medical data by a medical monitoring hub, the system comprising:
1. A system for outputting medical data by a medical monitoring hub, the system comprising:
1. A system for outputting medical data by a medical monitoring hub, the system comprising
1. A system for outputting medical data by a medical monitoring hub, the system comprising:
a first medical device comprising a processor configured to:
receive a physiological signal from a physiological sensor; calculate first physiological parameter data based on the physiological signal; and output the first physiological parameter data; and a medical monitoring hub configured to: provide an interactive user interface configured to receive user inputs; receive a first user input, via the interactive user interface, indicating a designation of a patient being associated with the medical monitoring hub; receive the first physiological parameter data from the first medical device
a first medical device comprising a processor configured to: receive a physiological signal from a physiological sensor; calculate first physiological parameter data based on the physiological signal; and output the first physiological parameter data; and a medical monitoring hub configured to: provide an interactive user interface configured to receive user inputs; receive a first user input, via the interactive user interface, indicating a designation of a patient being associated with the medical monitoring hub; receive the first physiological parameter data from the first medical device; receive second physiological parameter data from a second medical device; responsive to the patient being associated with medical monitoring hub associate the first physiological parameter data and the second physiological parameter data with the patient;
a first medical device comprising a processor configured to: receive a physiological signal from a physiological sensor; calculate first physiological parameter data based on the physiological signal; and output the first physiological parameter data; and a medical monitoring hub configured to: receive a designation of a patient via a user interface of the medical monitoring hub; receive the first physiological parameter data from the first medical device; receive second physiological parameter data from a second medical device; associate the first physiological parameter data and the second physiological parameter data with the patient;
a first medical device comprising a processor configured to: receive a physiological signal associated with a patient from a physiological sensor; calculate first physiological parameter data based on the physiological signal; and provide the first physiological parameter data to a medical monitoring hub; and the medical monitoring hub configured to: receive the first physiological parameter data from the first medical device; receive second physiological parameter data from a second medical device;
receive, via a communication with a second medical device, at least configuration data specific to the second medical device;
determine at least one of compression or encryption requirements from the configuration data specific to the second medical device; based on the compression or encryption requirements, establish at least one of compressed or encrypted communications with the second medical device; receive second physiological parameter data from a second medical device, wherein the second physiological parameter data is received via the at least one of compressed or encrypted communications; responsive to the patient being associated with the medical monitoring hub, associate the first physiological parameter data and the second physiological parameter data with the patient;
receive, via a connection to the second medical device, at least configuration data specific to the second medical device; adjust the second physiological parameter data based on the configuration data specific to the second medical device;
receive, via a connection to the second medical device, at least measurement synchronization data specific to the second medical device; determine, based at least in part on the measurement synchronization data, a time-wise synchronization of the first physiological parameter data and the second physiological parameter data;
receive, via a connection to the second medical device, configuration data specific to the second medical device, wherein the configuration data includes measurement synchronization data associated with the second medical device; determine, based at least in part on the measurement synchronization data associated with the second medical device, a time-wise synchronization of the first physiological parameter data and the second physiological parameter data
output an indication of the patient and physiological parameter measurements based on the first physiological parameter data and the second physiological parameter data.
output an indication of the patient and physiological parameter measurements based on the first physiological parameter data and the second physiological parameter data.
and output an indication of the patient and physiological parameter measurements based on the first physiological parameter data and the second physiological parameter data, wherein the physiological parameter measurements are time-wise synchronized.
and output physiological parameter measurements based on the first physiological parameter data and the second physiological parameter data, wherein the physiological parameter measurements are time-wise synchronized.
Although the claims are not identical, they are not patentably distinct. The patented claims recite a medical monitoring hub configured to receive physiological parameter data from multiple medical devices, receive device-specific configuration information associated with connected medical devices, associate physiological information with a designated patient, and output patient-associated physiological parameter measurements. The patented claims further recite configuring communications and processing of physiological data based on device-specific information received from connected medical devices.
The pending claims differ primarily in reciting that the medical monitoring hub determines compression or encryption requirements from configuration data specific to a second medical device and establishes compressed or encrypted communications based on those requirements. However, determining communication characteristics, including compression parameters, encryption parameters, communication protocols, and other communication settings from device-specific configuration information would have been an obvious variation of the communication and data-handling functionality already recited in the patented claims. One of ordinary skill in the art would have recognized that device-specific configuration information may be used to determine operational communication requirements necessary to facilitate communications between a medical monitoring hub and connected medical devices.
Accordingly, the pending claims merely recite an obvious variation of the medical monitoring hub architecture, patient association functionality, device-specific configuration functionality, communication management functionality, and physiological data processing functionality claimed in U.S. Patent Nos. 12,329,548, 11,786,183, and 11,179,114. Therefore, claims 2-21 are not patentably distinct from the patented claims.
Subject Matter free from Prior Art
Erdmann(2009/0081951) teaches outputting physiological parameter measurements based on the first physiological parameter data and the second physiological parameter data (para. [0018] The collected sensor data is suitably displayed on a wireless Vital signs monitor 36 optionally included as another wireless medical device of the short-range ad hoc network 20, or is otherwise used to monitor the patient 10, to diagnose a medical problem of the patient 10, or so forth), wherein the physiological parameter measurements are time-wise synchronized (para. [0037] Time-control software 74' is installed on time control device 28, and similarly time-control software 74" is installed on the PDA 66. Using the sensor node 22 and time control device 28 as an example, execution of the time-control software 74" by the processor 50' causes the short-range wireless communication interface 46' of the time control device 28 to connect (if not yet connected) with the wireless communication interface 46 of the sensor node 22, and Synchronize the clock 60 of the sensor node 22 with the clock 60' of the time control node 28. This latter process is repeated for each of the wireless medical devices 22, 24, 26 in order to synchronize their internal clocks).
Raymond (7,273,454) teaches receiving measurement synchronization data associated with the second medical device; and determining, based at least in part on the measurement synchronization data, a time-wise synchronization of the first physiological parameter data and the second physiological parameter data (Col. 8, lines 44-50 teaches the monitor hardware 144 is shown in block diagram form in FIG. 4 and the hardware 144 includes a real-time (RT) controller 148 which coordinates the sampling of the sensor outputs, organizes the data into an appropriate format and transmits it to the memory server (MS) controller 150 for later uploading to database 102 (FIG. 1); Col. 24, lines 34-38 teaches time is synchronized between the database, monitor, and all other entities involved with collection and storage of data each time a data connection between these components established).
KUMAHARA (KR20080091089A), the closest foreign reference of record, teaches a spatial information detecting device with a timing synchronizing circuit.
Hudson (Hudson, T L. “Maximizing a transport platform through computer technology.” CIN-COMPUTERS INFORMATICS NURSING21.2: 72-79. LIPPINCOTT WILLIAMS & WILKINS. (Mar 2003 - Apr 2003)), the closest Non Patent Literature of record teaches a computer system that is network capable and acts as the data hub for multiple medical devices and utilities, including data, power, and oxygen systems. The system logs patient and device data in a simultaneous, time-synchronized, continuous format, allowing electronic transmission, storage, and electronic documentation.
The closest prior arts of record teach synchronizing devices by a time server. They do not expressly teach a medical monitoring hub configured to:
receive a physiological signal from a physiological sensor;
calculate first physiological parameter data based on the physiological signal; and
output the first physiological parameter data; and a medical monitoring hub configured to:
provide an interactive user interface configured to receive user inputs; receive a first user input, via the interactive user interface, indicating a designation of a patient being associated with the medical monitoring hub;
receive the first physiological parameter data from the first medical device
receive, via a communication with a second medical device, at least configuration data specific to the second medical device;
determine at least one of compression or encryption requirements from the configuration data specific to the second medical device;
based on the compression or encryption requirements, establish at least one of compressed or encrypted communications with the second medical device;
receive second physiological parameter data from a second medical device, wherein the second physiological parameter data is received via the at least one of compressed or encrypted communications;
responsive to the patient being associated with the medical monitoring hub, associate the first physiological parameter data and the second physiological parameter data with the patient;
output an indication of the patient and physiological parameter measurements based on the first physiological parameter data and the second physiological parameter data.
No final decision on patentability has been made in light of pending rejections.
Conclusion
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LINH GIANG "MICHELLE" LE
PRIMARY EXAMINER
Art Unit 3686
/LINH GIANG LE/Primary Examiner, Art Unit 3686 6/12/2026
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