PCT/US2012/038410 07.09.2012
`
`INTERNATIONAL SEARCH REPORT
`
`International application No.
`
`PCT/US2012/03841 0
`
`A.
`CLASSIFICATION OF SUBJECT MA TIER
`IPC(B)- A61 B 5/00 (2012.01)
`USPC- 600/301
`According to International Patent Classification (I PC) or to both national classification and IPC
`
`B.
`
`FIELDS SEARCHED
`
`Minimum documentation searched (classification system followed by classification symbols)
`IPC(8)- A61 B 5/00, 5/02, 5/08, 10/00, 19/00; A61J 7/00; G05B 19/00; G06F 1100, 15/00, 15/16, 17/00, 19/00; G06K 17/00 (2012.01)
`USPC- 63/1.11; 128/903, 920, 921; 206/39.6; 221/2, 9; 235/375, 380, 487; 340/3.1, 500, 539.12, 573.1, 573.4; 368/10, 278; 600/301
`
`Documentation searched other than minimum documentation to the extent that such documents are included in the fields searched
`
`Electronic data base consulted during the international search (name of data base and, where practicable, search terms used)
`
`PatBase, Google Patents
`
`c DOCUMENTS CONSIDERED TO BE RELEVANT
`
`Category*
`
`Citation of document, with indication, where appropriate, of the relevant passages
`
`Relevant to claim No.
`
`X
`---
`y
`
`y
`
`y
`
`y
`
`y
`
`US 4,819,860 A (HARGROVE et al) 11 April1989 (11.04.1989) entire document
`
`US 7,733,224 B2 (TRAN) 08 June 2010 (08.06.2010) entire document
`
`US 7,196,972 B2 (PITOCCO et al) 27 March 2007 (27 .03.2007) entire document
`
`US 2009/0163774 A1 (THATHA et al) 25 June 2009 (25.06.2009) entire document
`
`1, 4-5, 8-12
`------
`2, 3, 6-7, 13-23
`
`2-3,6
`
`7
`
`13-22
`
`US 2010/0315225 A1 (TEAGUE) 16 December 2010 (16.12.2010) entire document
`
`16-18, 23
`
`D Further documents are listed in the continuation of Box C D
`•
`Special categories of cited documents:
`later document published after the international filing date orleriority
`date and not in conflict with the ap~lication but cited to un erstand
`"A" document defining the general state of the art which is not considered
`the principle or theory underlying t e invention
`to be of particular relevance
`"E" earlier application or patent but published on or after the international "X" document of particular relevance; the claimed invention cannot be
`filing date
`considered novel or cannot be considered to involve an inventive
`step when the document is taken alone
`"L" document which may throw doubts on priority claim(s) or which is
`cited to establish the J?Ublication date of another citation or other "Y" document of particular relev~ce; the claimed invention cannot be
`special reason (as spectfied)
`considered to involve an inventive step when the document ts
`"0" document referring to an oral disclosure, use, exhibition or other
`combined with one or more other such documents, such combination
`means
`being obvious to a person skilled in the art
`"P" document published prior to the international filing date but later than "&" document member of the same patent family
`the priority date claimed
`Date of the actual completion of the international search
`
`Date of mailing of the international search report
`
`"T'
`
`17 August 2012
`
`Name and mailing address of the !SAlUS
`Mail Stop PCT, Attn: I SAlUS, Commissioner for Patents
`P.O. Box 1450, Alexandria, Virginia 22313-1450
`Facsimile No. 571-273-3201
`
`Form PCT/ISA/210 (second sheet) (July 2009)
`
`07 SEP 2012
`
`Authorized officer:
`Blaine R. Copenheaver
`
`PCT Helpdesk: !>71-272-4300
`PCT OSP: 571-272-7774
`
`311 of 610
`
`

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`PCT/US2012/038410 07.09.2012
`
`PATENT COOPERATION TREATY
`
`From the
`INTERNATIONAL SEARCHING AUTHORITY
`
`To: KENNETH BACKUS JR.
`KOKKA & BACKUS, PC
`703 HIGH STREET
`PALO ALTO, CA 94301
`
`Applicant's or agent's file reference
`ALI-007PCT
`
`PCT
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`(PCT Rule 43bis.l)
`
`Date of mailing
`(day/month/year)
`
`0 7 S E P 201Z
`
`FOR FURTHER ACTION
`See paragraph 2 below
`
`International application No.
`
`International filing date ( day/montll/year)
`
`Priority date (day/month/year)
`
`PCT/US2012/03841 0
`
`17 May 2012
`
`10 June 2011
`
`International Patent Classification (IPC) or both national classification and !PC
`IPC(8) - A61 B 5/00 (2012.01)
`USPC - 600/301
`Applicant ALIPHCOM
`
`Basis of the opinion
`
`Priority
`
`Box No. lii Non-establishment of opinion with regard to novelty, inventive step and industrial applicability
`
`I. This opinion contains indications relating to the following items:
`~
`Box No. I
`D
`Box No. II
`D
`D
`Box No. IV Lack of unity of invention
`~
`Box No. V
`D
`D
`D
`
`Reasoned statement under Rule 43bis.l(a)(i) with regard to novelty, inventive step or industrial applicability:
`citations and explanations supporting such statement
`
`Box No. VI Certain documents cited
`
`Box No. VII Certain defects in the international application
`
`Box No. VIII Certain observations on the international application
`
`2. FURTHER ACTION
`If a demand for international preliminary examination is made, this opinion will be considered to be a written opinion of the
`International Preliminary Examining Authority ("!PEA") except that this does not apply where the applicant chooses an Authority
`other than this one to be the !PEA and the chosen !PEA has notified the International Bureau under Rule 66.1bis(b) that written
`opinions of this International Searching Authority will not be so considered.
`If this opinion is, as provided above, considered to be a written opinion of the !PEA. the applicant is invited to submit to the !PEA
`a written reply together, where appropriate, with amendments, before the expiration of3 months from the date of mailing of Form
`PCT/ISA/220 or before the expiration of22 months from the priority date, whichever expires later.
`For further options, see Form PCT/ISA/220.
`
`Name and mailing address of the I SAlUS Date of completion of this opinion
`Mail Stop PCT, Attn: I SAlUS
`Commissioner for Patents
`P.O. Box 1450, Alexandria, Virginia 22313-1450
`Facsimile No. 571-273-3201
`Form PCTIISA/237 (cover sheet) (July 2011)
`
`17 August 2012
`
`Authorized officer:
`Blaine R. Copenheaver
`
`PCT Helpdesk: 571-272-4300
`PCT OSP: 571-272·7774
`
`312 of 610
`
`

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`PCT/US2012/038410 07.09.2012
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`PCT /US2012/03841 0
`
`Box No. I
`
`Basis ofthis opinion
`
`I. With regard to the language, this opinion has been established on the basis of:
`
`lXI
`D
`
`2. D
`
`the international application in the language in which it was filed.
`
`which is the language of a
`a translation of the international application into
`translation furnished for the purposes of international search (Rules 12.3(a) and 23.1 (b)).
`
`This opinion has been established taking into account the rectification of an obvious mistake authorized by or notified
`to this Authority under Rule 91 (Rule 43bis.1 (a))
`
`3. With regard to any nucleotide and/or amino acid sequence disclosed in the international application, this opinion has been
`established on the basis of a sequence listing filed or furnished:
`
`a.
`
`b.
`
`(means)
`
`D
`D
`
`on paper
`
`in electronic form
`
`(time)
`
`D
`D
`D
`
`in the international application as filed
`
`together with the international application in electronic form
`
`subsequently to this Authority for the purposes of search
`
`4. D
`
`In addition, in the case thar more than one version or copy of a sequence listing has been filed or fi1rnished, the required
`statements that the information in the subsequent or additional copies is identical to that in the application as filed or
`does not go beyond the application as filed, as appropriate, were furnished.
`
`5. Additional comments:
`
`Form PCT/ISA/237 (Box No. I) (July 2011)
`
`313 of 610
`
`

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`PCT/US2012/038410 07.09.2012
`
`WRITfEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`
`PCT/US2012/03841 0
`
`Box No. V
`
`Reasoned statement under Rule 43bis.l(a)(i) with regard to novelty, inventive step or industrial applicability;
`citations and explanations supporting such statement
`
`I.
`
`Statement
`
`Novelty (N)
`
`Inventive step (IS)
`
`Industrial applicability (lA)
`
`Claims
`Claims
`
`Claims
`Claims
`
`Claims
`Claims
`
`2, 3, 6-7, 13-23
`1,4-5,8-12
`
`None
`
`1-23
`
`1-23
`None
`
`YES
`
`NO
`
`YES
`NO
`
`YES
`
`NO
`
`2.
`
`Citations and explanations:
`
`Claims 1, 4-5, 8-121ack novelty under PCT Article 33(2) as being anticipated by Hargrove, et al., hereinafter Hargrove.
`
`Regarding claim 1, Hargrove discloses a medical band (wrist-mounted monitoring device 10, Fig. 1), comprising: one or more sensors
`(underside of the device 10 is provided with pulse and temperature sensors. Fig. 1; col. 2, Ins. 29-31) configured to gather data associated
`with at least one symptom of a medical condition (upper and lower pulse rates and body temperatures, Abstract; thus disclosing at least
`one symptom of a medical condition); a memory (microprocessor 42 includes integral random access memory and read only memory, Fig.
`2) configured to store the data (pulse rate and temperature are monitored over a 24-hour period and the highest and lowest readings are
`stored, col. 4, Ins. 18-21) and an application (programmable logic array 40 has a set of programmable gate planes. Fig. 2; col. 3, Ins.
`13-17; thus disclosing an application program}, the application being configured to determine the medical condition using the data
`(programmable logic array 40 is used to process signals from the sensors, Fig. 2; col. 3, Ins. 13-17}; a processor (microprocessor 42, Fig.
`2) configured to execute the application (programmable logic array interfaces through input/output bus 41 with a complementary metal
`oxide silicon (CMOS) microprocessor 42, Fig. 2; col. 3, Ins. 20-22}; and a notification facility (on/off signals for the acoustical alanm 44, Fig.
`2; col. 3, ln. 29} configured to provide a notification (provide on/off signals for the acoustical alanm 44, Fig. 2; col. 3, ln. 29} upon receiving
`from the application (programmable logic array 40 has a set of programmable gate planes, Fig. 2; col. 3, Ins. 13-17; thus disclosing an
`application program) an instruction (provide on/ off signals for the acoustical alanm and the emergency locator transmitter, and to perform
`the other control functions, col. 3, Ins. 29-31} associated with the notification (pulse rate and temperature have moved beyond the
`predetermined thresholds, col. 3, Ins. 27-29).
`
`Regarding claim 4, Hargrove discloses the medical band of claim 1, wherein the notification is configured to prompt movement (an
`emergency signal is generated on standard emergency locator frequencies to alert search and rescue services, Abstract).
`
`Regarding claim 5, Hargrove discloses the medical band of claim 1, wherein the notification comprises an alarm (acoustical alarm 44, Fig.
`2).
`
`Regarding claim 8, Hargrove discloses the medical band of claim 1, wherein the notification facility (on/off signals for the acoustical alarm
`44, Fig. 2; col. 3, ln. 29) is configured to provide an audio signal (acoustical alarm 44, Fig. 2).
`
`Regarding claim 9, Hargrove discloses the medical band of claim 1, wherein the notification facility is configured to provide a visual signal
`(pulse and temperature alarms will activate both a flash.ing display and the acoustic alarm, col. 4, Ins. 12-14}.
`
`Regarding claim 10, Hargrove discloses the medical band of claim 1, wherein the medical band (wrist-mounted monitoring device 10, Fig.
`1) is configured to be worn by an animal (wrist-mounted device to be worn on the wrist of an individual, as shown in Fig. 1 ).
`
`Regarding claim 11, Hargrove discloses the medical band of claim 1, wherein the one or more sensors (underside of the device 10 is
`provided with pulse and temperature sensors, Fig. 1; col. 2, Ins. 29-31) is configured to gather data (pulse rate and body temperature,
`Abstract) associated with an indicator of an animal's health (hypothermia or heart failure. col. 4, Ins. 39-44).
`
`Regarding claim 12, Hargrove discloses the medical band of claim 1, wherein the application (programmable logic array 40 has a set of
`programmable gate planes, Fig. 2; col. 3, Ins. 13-17; thus disclosing an application program) is configured to determine a medical
`condition (hypothermia or heart failure. col. 4, Ins. 39-44) associated with an animal (wrist-mounted device to be worn on the wrist of an
`individual, as shown in Fig. 1 ).
`
`Form PCT/ISA/237 (Box No. V) (July 2011)
`
`314 of 610
`
`

`
`PCT/US2012/038410 07.09.2012
`
`WRITfEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`
`PCT /US2012103841 0
`
`Supplemental Box
`
`In case tbe space in any oftbe preceding boxes is not sufficienL
`Continuation of:
`Claims 2-3, 6 lack an inventive step under PCT Article 33(3) as being obvious over Hargrove et al., hereinafter Hargrove, in view of Tran.
`
`Regarding claim 2, Hargrove discloses the medical band of claim 1, but Hargrove lacks explicitly disclosing wherein the notification is
`associated with a drug regimen.
`However, Tran is in the field of mesh networks for personal emergency response appliances (Title) and teaches a system wherein the
`notification is associated with a drug regimen (check that medication cabinet has been accessed on daily basis and generate periodic
`summary/report/recommendations to person and authorized third parties, Fig. 3).
`It would have been obvious to one of ordinary skill in the art to combine the disclosure of Hargrove with the teaching of Tran. The
`motivation would have been to provide regular monitoring of the basic well ness parameters so that significant benefits in helping to capture
`adverse events sooner, reduce hospital admissions, and improve the effectiveness of medications, hence, lowering patient care costs and
`improving the overall quality of care will be realized (Tran, col. 4, Ins. 46-51).
`
`Regarding claim 3, Hargrove discloses the medical band of claim 1, but Hargrove lacks explicitly disclosing wherein the notification is
`associated with a diet.
`However, Tran is in the field of mesh networks for personal emergency response appliances (Title) and teaches a system wherein the
`notification is associated with a diet (check refrigerator activity, check eating activities, check weight, and generate periodic
`summary/report/recommendations to person and authorized third parties, Fig. 3).
`It would have been obvious to one of ordinary skill in the art to combine the disclosure of Hargrove with the teaching of Tran. The
`motivation would have been to provide regular monitoring of the basic wellness parameters so that significant benefits in helping to capture
`adverse events sooner, reduce hospital admissions, and improve the effectiveness of medications, hence, lowering patient care costs and
`improving the overall quality of care will be realized (Tran, col. 4, Ins. 46-51).
`
`Regarding claim 6, Hargrove discloses the medical band of claim 1, but Hargrove lacks explicitly disclosing wherein the one or more
`sensors comprises a plurality of temperature sensors, one of the plurality of temperature sensors configured to gather data associated with
`body temperature, another of the plurality of temperature sensors configured to gather data associated with ambient temperature.
`However, Tran is in the field of mesh networks for personal emergency response appliances (Title) and teaches a system wherein the one
`or more sensors (plurality of sensors attached to the person collects the vital parameters, col. 58, Ins. 25-27) comprises a plurality of
`temperature sensors (other mesh devices include mesh network thermometers, col. 45, Ins. 28-29), one of the plurality of temperature
`sensors configured to gather data (each of the sensors individually transmit data to the server 20 using wired or wireless transmission, col.
`58, Ins. 55-56) associated with body temperature (optical temperature sensor or a temperature thermistor can be used to sense patient
`temperature, col. 58, Ins. 32-35), another of the plurality of temperature sensors configured to gather data (each of the sensors individually
`transmit data to the server 20 using wired or wireless transmission, col. 58, Ins. 55-56) associated with ambient temperature (system
`checks thermostat and heater/AC for temperature setting in the house with room thermostat control 1396, Figs. 3, 7; thus teaching the
`incorporated temperature sensors and controls).
`It would have been obvious to one of ordinary skill in the art to combine the disclosure of Hargrove with the teaching of Tran. The
`motivation would have been to determine, at any given moment of immune system vulnerability, whether the temperature difference
`between the individual and his or her residence is a cause for medical concern.
`
`Claim 7 lacks an inventive step under PCT Article 33(3) as being obvious over Hargrove et al., hereinafter Hargrove, in view of Pitocco et
`al., hereinafter Pitocco.
`
`Regarding claim 7, Hargrove discloses the medical band of claim 1, wherein Hargrove lacks explicitly disclosing the notification facility is
`configured to provide a vibratory energy.
`However, Pitocco is in the field of mediwatches (Title) and teaches the notification facility (on/off signals for the acoustical alarm 44, Fig. 2;
`col. 3, ln. 29) is configured to provide a vibratory energy (the alanm is one of ringing, a voice message or vibration, col. 4, Ins. 4-5).
`It would have been obvious to one of ordinary skill in the art to combine the disclosure of Hargrove with the teaching of Pitocco. The
`motivation would have been to provide a touch-based notification method rather than an audible or visual notification method.
`
`Claims 13-15, 19-22 lack an inventive step under PCT Article 33(3) as being obvious over Hargrove et al., hereinafter Hargrove, in view of
`Thatha et al., hereinafter Thatha.
`
`Regarding claim 13, Hargrove discloses the medical band of claim 1 (wrist-mounted monitoring device 10, Fig. 1 ), wherein Hargrove lacks
`explicitly disclosing a system configured to provide a notification using another device.
`However, Thatha is in the field of management and diagnostic systems for patient monitoring and symptom analysis. Thatha teaches a
`system (as shown in Fig. 1) configured to provide a notification (alert 44, Fig. 1) using another device (storage server 20, as shown in Fig.
`1 ).
`It would have been obvious to one of ordinary skill in the art to combine the disclosure of Hargrove with the teaching of Thatha. The
`motivation would have been to effectively modularize the functionality of the signal-interpreting component and the device comprising the
`plurality of sensors in order to ensure reliability of the patient monitoring system to safeguard against device malfunction in notification
`events.
`
`Form PCTIISAn37 (Supplemental Box) (July 201 I)
`
`315 of 610
`
`

`
`PCT/US2012/038410 07.09.2012
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`PCT /US2012103841 0
`
`Supplemental Box
`
`In case the space in any of the preceding boxes is not sufficient.
`Continuation of:
`·
`Regarding claim 14, Hargrove discloses a medical diagnosis and monitoring system (wrist-mounted monitoring device 10 examines pulse
`rate and body temperature, Fig. 1; thus disclosing a medical diagnosis and monitoring system), comprising: a medical band (device 10,
`Fig. 1) comprising one or more sensors (underside of the device 10 is provided with pulse and temperature sensors, Fig. 1; col. 2, Ins.
`29-31) configured to gather data (the frequency of approximately 25 light-emitting diode per second is gathered as a minimum for accurate
`estimation of the pulse rate, col. 2, Ins. 53-56) associated with at least one symptom (upper and lower pulse rates and temperatures for a
`medically safe threshold, Abstract) of a medical condition (hypothermia or heart failure. coL 4, ln. 41) and a communications facility
`(miniature two-frequency transmitter 36 with a dipole antenna 38, Fig. 2) configured to communicate with another device (search and
`rescue authority receivers, col. 4, ln. 43); a memory (microprocessor 42 includes integral random access memory and read only memory,
`Fig. 2) configured to store the data (pulse rate and temperature are monitored over a 24-hour period and the highest and lowest readings
`are stored, col. 4, Ins. 18-21); and a notification facility (on/off signals for the acoustical alarm 44, Fig. 2; col. 3, ln. 29) configured to provide
`a notification (provide on/off signals for the acoustical alarm 44, Fig. 2; col. 3, ln. 29). Hargrove lacks explicitly disclosing an application
`implemented on the another device, the application configured to determine the medical condition using the data and to provide an
`instruction to the medical band.
`Thatha is in the field of management and diagnostic systems for patient monitoring and symptom analysis (Title) and teaches an
`application (second software para. [0012)) implemented on the another device (data storage server 20, Fig. 1; para. [0012]), the application
`(second software para. (0012)) configured to determine the medical condition (second software takes the results of the first software and at
`least some portion of the data and analyzes them with at least one logical rule to determine and validate whether a particular condition is
`present in the patient, para. [0012)) using the data (patient monitoring system 10 composed of various physiological condition sensors 14
`that wirelessly transmit physiological data regarding the patient 12 to a remotely located data storage server 20, Fig. 1; para. [0012]) and to
`provide an instruction (output of the second software then can be used to generate various types of alerts, as shown in Fig. 1 as alert 44;
`para. [0020]).
`It would have been obvious to one of ordinary skill in the art to combine the disclosure of Hargrove with the teaching of Thatha. The
`motivation would have been to automatically generate alerts so that nurses can more effectively monitor those patients whose vitals are
`abnormal (Thatha, para. [0003]).
`
`Regarding claim 15, Hargrove as modified by Thatha discloses the medical diagnosis and monitoring system of claim 13, wherein
`Hargrove lacks explicitly disclosing that the another device comprises a computer.
`However, Thatha is in the field of management and diagnostic systems for patient monitoring and symptom analysis (Title) and teaches
`that the another device comprises a computer (data storage server 20, Fig. 1; para. [0012)).
`It would have been obvious to one of ordinary skill in the art to combine the disclosure of Hargrove with the teaching of Thatha. The
`motivation would have been to increase the processing power of the system by including a separate processing unit to handle gathering,
`collecting, and calculating data.
`
`Regarding claim 19, Hargrove as modified by Thatha discloses the medical diagnosis and monitoring system of claim 13, wherein
`Hargrove discloses the instruction (provide on/ off signals for the acoustical alarm and the emergency locator transmitter, and to perform
`the other control functions, col. 3, Ins. 29-31) is associated with the notification (acoustical alarm 44, Fig. 2).
`
`Regarding claim 20, Hargrove as modified by Thatha discloses the medical diagnosis and monitoring system of claim 13, wherein
`Hargrove lacks explicitly disclosing the notification facility is configured to provide a notification using a remote device.
`However. Thatha is in the field of management and diagnostic systems for patient monitoring and symptom analysis (Title) and teaches
`that the notification facility (alert generator 42, Fig. 1) is configured to provide a notification (alert 44, Fig. 1) using a remote device (alert 44
`can be in various forms including email notification and pager notification. Fig. 1; para. (0020]; thus teaches a notification facility configured
`to provide a notification using a remote device).
`It would have been obvious to one of ordinary skill in the art to combine the disclosure of Hargrove with the teaching of Thatha. The
`motivation would have been to automatically generate alerts so that nurses can more effectively monitor those patients whose vitals are
`abnormal (Thatha, para. [0003]).
`
`Regarding claim 21, Hargrove as modified by Thatha discloses the medical diagnosis and monitoring system of claim 20, wherein
`Hargrove lacks explicitly disclosing the notification is provided using an application implemented on the remote device.
`However, Thatha is in the field of management and diagnostic systems for patient monitoring and symptom analysis (Title) and teaches
`that the notification (alert 44, Fig. 1) is provided using an application implemented on the remote device (alert 44 can be in various forms
`including email notification and pager notification, Fig. 1; para. [0020]; thus teaches that the notification is provided using an application,
`such as an email application or paging application, implemented on the remote device).
`It would have been obvious to one of ordinary skill in the art to combine the disclosure of Hargrove with the teaching of Thatha. The
`motivation would have been to provide a variety of OP.tions to select for notification methods based on the preferences of a particular user.
`
`Regarding claim 22, Hargrove as modified by Thatha discloses the medical diagnosis and monitoring system of claim 20, wherein
`Hargrove discloses the medical band is configured to be worn (as shown in Fig. 1) by a child (individual, Abstract; thus disclosing a child),
`but Hargrove lacks explicitly disclosing the remote device is operable by a caretaker.
`However. Thatha is in the field of management and diagnostic systems for patient monitoring and symptom analysis (Title) and teaches
`that the remote device (data storage server 20, Fig. 1) is operable by a caretaker (healthcare professional 18, Fig. 1 ).
`It would have been obvious to one of ordinary skill in the art to combine the disclosure of Hargrove with the teaching of Thatha. The
`motivation would have been to transmit different vital parameters from the monitoring system to a centralized data storage server so that
`they could be effectively be monitored by nurses in a different location (Thatha, para. (0003)).
`
`Form PCT/ISA/237 (Supplemental Box) (July 2011)
`
`316 of 610
`
`

`
`PCT/US2012/03841 0 07.09.2012
`
`WRITTEN OPINION OF THE
`INTERNATIONAL SEARCHING AUTHORITY
`
`International application No.
`PCT /US2012/03841 0
`
`Supplemental Box
`
`In case the space in any of the preceding boxes is not sufficient.
`Continuation of:
`Claim 23 lacks an inventive step under PCT Article 33(3) as being obvious over Hargrove et al., hereinafter Hargrove, in view of Teague.
`
`Regarding claim 23, Hargrove discloses a medical diagnosis and monitoring system (wrist-mounted monitoring device 10 examines pulse
`rate and body temperature, Fig. 1; thus disclosing a medical diagnosis and monitoring system), comprising: a medical band (wrist-mounted
`monitoring device 10, Fig. 1) comprising one or more sensors (underside of the device 10 is provided with pulse and temperature sensors,
`Fig. 1; col. 2, Ins. 29-31) configured to gather data associated with at least one symptom (upper and lower pulse rates and body
`temperatures, Abstract; thus disclosing at least one symptom of a medical condition) of a medical condition (upper and lower pulse rates
`and body temperatures, Abstract; thus disclosing at least one symptom of a medical condition); a memory configured to store the data
`(pulse rate and temperature are monitored over a 24-hour period and the highest and lowest readings are stored, col. 4, Ins. 18-21 ); a
`notification facility configured to provide a notification (provide on/off signals for the acoustical alarm 44, Fig. 2; col. 3, ln. 29); and an
`application (programmable logic array 40 has a set of programmable gate planes, Fig. 2; col. 3, Ins. 13-17; thus disclosing an application
`program) implemented on a medical band (wrist-mounted monitoring device 10, Fig. 1 ), the application configured to determine the
`medical condition using the data (programmable logic array 40 is used to process signals from the sensors, Fig. 2; col. 3, Ins. 13-17) and to
`provide an instruction (provide on/ off signals for the acoustical alarm and the emergency locator transmitter, and to perform the other
`control functions, col. 3, Ins. 29-31) associated with the notification (provide on/off signals for the acoustical alarm 44, Fig. 2; col. 3, ln. 29).
`Hargrove lacks explicitly disclosing a plurality of medical bands; a communications facility configured to communicate with another of the
`plurality of medical bands; the application configured to provide to another of the plurality of medical bands an instruction associated with
`the notification.
`Teague is in the field of identification and connectivity gateway wristbands for hospital and medical applications. Teague teaches a plurality
`of medical bands (gateway wristband 1. Fig. 1 ); a communications facility (internal PAN transceiver for establishing communication links
`10, Fig. 1; para. {0034)) configured to communicate (via communication links 10, Fig. 1) with another ofthe plurality of medical bands
`(electronic medical sensors 2a-2d, as shown in Fig. 1 ); the application (configured with software to perform the communications, data
`storage, and relay functions, para. [0049]; thus teaching an application program) configured to provide to another of the plurality of medical
`bands (electronic medical sensors 2a-2d, as shown in Fig. 1 ).
`It would have been obvious to one of ordinary skill in the art to combine the disclosure of Hargrove with the teaching of Teague. The
`motivation would have been to reduce the number of wires and tubes required for critical care patients in medical monitoring systems with
`the goal of avoiding potential hazards due to tangling (Teague, para. [0004)).
`
`Claims 16-18 lack an inventive step under PCT Article 33(3) as being obvious over Hargrove et al., hereinafter Hargrove, in view of Thatha
`et al., hereinafter Thatha, and further in view of Teague.
`
`Regarding claim 16, Hargrove as modified by Thatha discloses the medical diagnosis and monitoring system of claim 13, wherein
`Hargrove lacks explicitly disclosing the another device comprises another medical band.
`However, Teague is in the field identification and connectivity gateway wristbands for hospital and medical applications (Title). Teague
`teaches that the another device comprises another medical band (miniaturized electronic medical sensors 2a-2d, as shown in Fig. 1 ).
`It would have been obvious to one of ordinary skill in the art to combine the disclosure of Hargrove with the teaching of Teague. The
`motivation would have been to provide convenient solutions for identifying patients and linking miniaturized electronic medical sensors to a
`hospital information system infrastructure (Teague, para. (0004)).
`
`Regarding claim 17, Hargrove as modified by Thatha discloses the medical diagnosis and monitoring system of claim 13, wherein
`Hargrove lacks explicitly disclosing the another device comprises a mobile communication device.
`However, Teague is in the field identification and connectivity gateway wristbands for hospital and medical applications (Title). Teague
`teaches that the another device comprises a mobile communication device (wristband 1 may also establish communication links 12 with
`mobile computing devices such as a PDA 3 which may be carried by a physician or nurse, Fig. 3C; para. (0034]). It would have been
`obvious to one of ordinary skill in the art to combine the disclosure of Hargrove with the teaching of Teague. The motivation would have
`been to provide a wireless gateway for a wireless personal area network of miniaturized electronic medical sensors applied to the patient
`via a first transceiver (Teague, para. (0005)).
`
`Regarding claim 18, Hargrove as modified by Thatha discloses the medical diagnosis and monitoring system of claim 13, wherein
`Hargrove lacks explicitly disclosing the another device comprises a mobile computing device.
`However, Teague is in the field identification and connectivity gateway wristbands for hospital and medical applications (Title). Teague
`teaches that the another device comprises a mobile computing device (wristband 1 may also establish communication links 12 with mobile
`computing devices such as a PDA 3 which may be carried by a physician or nurse, Fig. 3C; para. [0034]).
`It would have been obvious to one of ordinary skill in the art to combine the disclosure of Hargrove with the teaching of Teague. The
`motivation would have been to provide a wireless gateway for a wireless personal area network of miniaturized electronic medical sensors
`applied to the patient via a first transceiver