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 .
Notice to Applicant
This communication is in response to application filed 6/24/2025. It is noted that application is a continuation of continuation of 18/172,487 filed 02/22/2023 (now US Patent No. 12354736) which is a continuation of 17/015,209 filed 9/9/2020 (now US Patent No. 11,610,671) which claims priority to Provisional Application No. 62/906,331 filed 09/26/2019. Claims 1-20 are pending.
Information Disclosure Statement
Information disclosure statement dated 7/9/2025 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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,610,671 and claims 1-17 of U.S. Patent No. 12,354,736. Although the claims at issue are not identical, they are not patentably distinct from each other.
Independent claim 1 of the currently pending application recites an equipment tracking system including:
caregiver tags and an real-time locating system that tracks caregivers and a plurality of medical apparatuses;
determining caregiver proximity to a patient’s room; and
a caregiver device display that, based on such proximity, notifies the caregiver of a patient task and shows an apparatus list of task required medical apparatus with real-time locating syst determined locations, with caregiver selection of an apparatus causing the apparatus to be tagged as checked out.
The claims of the ’736 and/or ’671 patents already recite a system in a healthcare facility that:
uses caregiver/personnel tags and equipment tags in an real-time locating system to determine locations of caregivers and medical equipment;
determines when a caregiver is at or near a patient or patient room and presents/initiates tasks for that patient; and
presents a list of equipment required for a task, including real-time locating system-based locations, and allows the caregiver (e.g., by selection or scan) to indicate acquisition/checkout, thereby updating the equipment’s status (e.g., checked in/out, needs cleaning).
Any differences between currently pending claim 1 and the earlier claims are minor variations in wording and user interface presentation of the same overall combination, which would have been obvious design choices to one of ordinary skill. Claim 1 is therefore not patentably distinct from at least one claim of the ’736 and/or ’671 patents.
Instant claim 8 further recites that the real-time locating system includes a plurality of fixed receivers and a computer for determining tag locations, and that the caregiver device provides a caregiver type menu, a patient menu, a task menu, and an apparatus list of task required equipment with locations, with caregiver selection to tag equipment as checked out. Instant claim 17 recites similar real-time locating system caregiver tag tracking (fixed receivers + computer), proximity based task notification when the caregiver is within a predetermined proximity of a patient’s room, and an apparatus list of required equipment with real-time locating system determined locations and checkout tagging upon caregiver selection.
The claims of the ’736 and ’671 patents also recite real-time locating system implementations using tagged caregivers and equipment, fixed receivers and a computer to determine locations, and caregiver device interfaces that, in response to caregiver proximity to a patient/room, present patient related tasks and lists of required equipment with locations and allow the caregiver to indicate checkout/usage/cleaning status of selected equipment. The additional recitations in instant claims 8 and 17 (e.g., explicit menu labels, explicit “high accuracy locating,” “predetermined proximity”) are obvious variants of the real-time locating system and interface structures already claimed, and do not render these claims patentably distinct over the earlier patent claims. Accordingly, independent claims 8 and 17 are also not patentably distinct from at least one claim of the ’736 and ’671 patents.
The dependent claims add only routine refinements (e.g., specific tag implementations and form factors, nearest to caregiver or nearest to room listing, status values such as checked in/checked out/requires cleaning, grouping of co located items), all of which are disclosed in or at least obvious in view of the systems and workflows already claimed in the ’736 and ’671 patents. These dependent claims therefore are likewise not patentably distinct from the claims of the earlier patents.
Subject Matter free from Prior Art
Ellis (US 2013/0124227 A1), the closest domestic prior art of record, discloses a real-time locating system in a healthcare facility that tracks caregivers and equipment using tags and readers, and associates equipment with patients and beds. However, Ellis does not disclose a caregiver device user interface that (i) presents a caregiver type menu leading to a patient menu and task menu, (ii) then displays, responsive to a proximity based trigger, an apparatus list of medical apparatus required for a specific task together with real-time locating system derived locations on the caregiver’s device, or (iii) allows the caregiver to select an item from that apparatus list to change its state to “checked out,” “checked in,” or “requires cleaning” as claimed.
Wildman (US 2005/0035862 A1) discloses a mobile device that presents lists and maps of assets with locations, and allows a user to select an asset to indicate retrieval or checkout, thereby updating asset status. Wildman, however, does not disclose a real-time locating system tracking of caregivers, any proximity based notification when a caregiver is within a predetermined proximity of a patient’s room, or a task specific apparatus list derived from a caregiver to patient to task workflow in a clinical context.
Pierson (US 2021/0074417 A1) discloses proximity verification and the use of proximity to gate or trigger certain workflows, as well as equipment records with status values such as available, in use, or requiring maintenance/cleaning. Pierson does not disclose a real-time locating system that tracks both caregivers and multiple tagged medical apparatuses via fixed receivers and a computer, nor does it disclose a caregiver facing apparatus list of task required medical apparatus with a real-time locating system derived locations and caregiver selection from that list to effect state changes as recited in the independent claims.
Ballai (WO-2008063936-A2), the closest foreign prior art of record, teaches an apparatus and method for facilitating locating, tracking and managing of hospital assets, patients and hospital personnel within a healthcare facility. Ballai teaches a patient tracking engine (PTE) may be provided for facilitating locating a patient within the hospital facility (i.e., care facility). Ballai para. [0026] further teaches a “whiteboard” display operative with the PTE to display information.
Ross (Ross, Ian. “Containing infection through GIS; pilot program planned for Sault hospital.” Northern Ontario Business: 29.2: 15(2). Laurentian Business Publishing, Inc. (Dec 2008)), the closest non-patent literature of record, teaches through the use of tags, such as a wristband that sends out a steady signaling beacon, patients, staff and assets that roam out of quarantined area can be quickly controlled through a real-time located system.
Accordingly, none of these references, taken individually, teaches or suggests the specific combination of: (1) a real-time locating system based tracking of both caregivers and medical apparatus; (2) proximity based task notification when a caregiver is within a predetermined proximity of a patient’s room; (3) a caregiver device user interface that navigates caregiver to patient to task and then presents an apparatus list of task required medical apparatus with real-time locating system derived locations; and (4) caregiver selection from that list to tag apparatus as checked out, checked in, or requiring cleaning.
No decision on patentability has been made in light of pending rejections.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINH GIANG MICHELLE LE whose telephone number is (571)272-8207. The examiner can normally be reached Mon- Fri 8:30am - 5:30pm PST.
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LINH GIANG "MICHELLE" LE
PRIMARY EXAMINER
Art Unit 3686
/LINH GIANG LE/Primary Examiner, Art Unit 3686 8/7/2026
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