Office Action 6: Notice of Allowance (2025-03-27)

CLAIMS:
Amendments to the Claims

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1\. (Previously presented) A method performed by an anesthetizing monitoring unit configured to generate an improved evoked electromyography response signal (EResponse), the methodCOmprising:generating a single stimuli signal (Sstimuli) using the anesthetizing monitoring unit, wherein the single stimuli signal (Sstimuli) comprises a single pulse and is configured to stimulate a motor nerve of a patient,
outputting the generated single stimuli signal (Sstimuli) to stimulating electrodes on the patient using an output port of the anesthetizing monitoring unit,receiving a single evoked electromyography, EMG, response signal (SResSVG {EMBED HERE} 0.1570.40 from receiving electrodes on the patient at an input port of the anesthetizing monitoring unit, having a duration (TResponse), in responseto the transmitted stimuli signal (Sstimuli),
estimating a periodic noise waveform (SPeniodic), having the duration (TResponse), based on a noise signal (SNoise) by splitting the noisesignal (SNoise) into temporal segments, wherein:the noise signal (SNoise) isCaused by an eleCtriCpower grid having a frequency;
the temporal segments each have a periodic duration (TPeniodic) matChing the frequency of the electric power grid; andthe temporal segments of the noise signal (SNoSVG {EMBED HERE} 0.1570.247 are deteCted during a time interval (TNoise) notoverlapping with a stimuli signal interval (Tstimulus) of the single stimuli signal (Sstimuli) and not overlapping with the duration of the response signal (TResponse),generating the improved response signal (ERespoSVG {EMBED HERE} 0.1570.283 by subtraCting the noise waveform from the response signal (SResSVG {EMBED HERE} 0.1570.40to reduCe noise in the responsesignal (SRespoSVG {EMBED HERE} 0.1570.283Caused by the eleCtriCpower grid,storing the improved response signal (ERespoSVG {EMBED HERE} 0.1570.283 in a memory in the anesthetiZing monitoring unit, andpresenting the improved response signal (ERespoSVG {EMBED HERE} 0.1570.283on a display in the anesthetizing monitoring unit.

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2\. (Currently Amended) The method according to claim 1, wherein the step of estimating the periodic noise waveform further comprises:
splitting the noise signal (SNoise) into a number N of thetemporal segments (Si,S2, ..., SN),generating a periodic noise template (STemplate) by aggregating the N temporal segments (S1, S2, ..., SN),SVG {EMBED HERE} 0.1570.43wherein the periodic noise waveform (SPenodic), isestimated by subsequ repeating the periodic noise template (STemplate) N times.

3\. (Original) The method according to claim 2, wherein the periodic noise template (STemplate) is generated by averaging discrete samplesover the N temporal segments (S1, S2, ..., SN).

4\. (Previously Presented) The method according to claim 1, wherein the method further comprises determining an anesthetized patient state by determining a neuromuscular function value using properties of the improved response signal (EResponse).

5\. (Currently Amended) The method according to claim \-4,wherein the anesthetized patient state is a selection of any of "insufficient anesthetic level", "low anesthetic level", "sufficient anesthetic level", "normal breathing function", "capable of sustaining breathing" or "in need of ventilator".

6\. (Currently Amended) The method according to claim 4, wherein the properties of the improved response signal (EResponse) include one or more amplitude values (AResponse') and wherein the neuromuscular function valueis determined by comparing a quota of one or more amplitude values of the improved response signal (EResponse) and one or more additional amplitude values to a set of predetermined amplitude valuethresholds, wherein the one or more additional amplitude values are selected from one or more amplitude valuesof the stimuliSVG {EMBED HERE} 0.186.54Application No. 16/981,320 signal (SstimuIi) and one or more historical amplitude values of the improved response signal (EResponse).

7\. (Cancelled).

8\. (Currently Amended) The method according to claim 2, wherein theperiodic duration (TPenodic) of each of the temporal segments (S1,S2, ..., SN) {S proportional to the noisesignal (SNoise).

9\. (Currently Amended) The method according to claim 8, wherein theperiodic duration (TPenodic) of each of the temporal segments (S1, S2, ..., SN) isselected using a strongest periodic noise component of the noise signal (SNoise).

10\. (Currently Amended) An anesthetizing monitoring unit with stimulating electrodes, receiving electrodes, a memory, and a displayconfigured to generate an improved evoked electromyography response signal (EResponse), the anesthetizing monitoring unit comprising:
an input port,
an output port, and
processing circuitry being configured to; generate a single stimuli signal (Sstimui), wherein the single stimuli signal (Sstimuii) comprises a single pulse and is configured to stimulate a motor nerve of a patient,output the generated single stimuli signal (Sstimuii) to stimulating electrodes on the patient using the output port of the anesthetizing monitoring unit,
receive a single evoked electromyography, EMG, response signal (SResponse) from receiving electrodes on the patient at the input port of the anesthetizing monitoring unit, having a duration (TResponse), in response to the transmitted stimuli signal (Sstimuli),Application No. 16/981,320SVG {EMBED HERE} 0.186.54estimate a periodic noise waveform (SPenodic), having the duration (TResponse), based on a noise signal (SNoise) by splitting the noise signal (SNoise) into temporal segments, wherein:
the noise signal (SNoise) is caused by an electric power grid having a frequency;
the temporal segments each have a periodic duration (TPenodic) matching the frequency of the electric power grid; and the temporal segments of the noise signal (SNoise) are detected during a time interval (TNoise) not overlapping with a stimuli signal interval (Tstimuius) of the single stimuli signal (Sstimuii) and not overlapping with the duration of the response signal (TResponse),
generate the improved response signal (EResponse) by subtracting the noise waveform from the response signal (SResponse) to reduce noise in the response signal (SResponse) caused by the electric power grid,
store the improved response signal (EResponse) in the memory in the anesthetizing monitoring unit, and
present the improved response signal (EResponse) on the display in the anesthetizing monitoring unit.

11\. (Previously Presented) An anesthetizing monitoring system configured to determine an anesthetized patient state, the anesthetizing monitoring unit comprising:
an anesthetizing monitoring unit comprising an input port and an output port,
stimulating electrodes electrically coupled to the output port and being configured to receive a stimuli signal (SstimuIi) from the output port and deliver the stimuli signal (Sstimuii) to the anesthetized patient,
receiving electrodes electrically coupled to the input port and being configured to obtain an evoked electromyography, EMG, response signal (SResponse), in responseto the stimuli signal (SstimuIi) and a noise signal (SNoise), from the anesthetized patient, the anesthetizing monitoring unit being configured to perform the method according to claim 1.
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12\. (Currently Amended) A computer program is provided comprising computer-executable instructions for causing an anesthetizing monitoring unit with stimulating electrodes, receiving electrodes, a memory, a display an input port. and an output port, when the computer-executable instructions are executed on a processing unit comprised in the anesthetizing monitoring unit, to; generate a single stimuli signal (Sstimuli'). wherein the single stimuli signal (Sstimuli) compjrises a single pulse and is configured to stimulate a motor nerve of a patient,
outp~ut the generated single stimuli signal (Sstimuli) to stimulating electrodes on the patient using the output port of the anesthetizing monitoring unit.
receive a single evoked electromyography. EMG. response signal (SResponse) from receiving electrodes on the patient at the inpjut pjort of the anesthetizing monitoring unit.
having a duration (TResponse). in reSpOnSe to the transmitted stimuli signal (Sstimuli').estimate a periodic noise waveform (SPeniodic'). having the duration (TResponse), based on a noise signal (SNoise) by Splitting the noise signal (SNoise) into temporal segments, wherein:the noise signal (SNoise) is Caused by an eleCtriC pOwer grid having a frequency;
the temporal segments each have a periodic duration (TPeniodic) matChing the frequency of the electric power grid; andthe temporal segments of the noise signal (SNoise) are deteCted during a time interval (TNoise) not Overlapping with a stimuli signal interval (Tstimulus) of the single stimuli signal (Sstimuli) and not overlapping with the duration of the response signalSVG {EMBED HERE} 0.1470.76generate the improved response signal (EResponse) by subtraCting the noise waveform from the response signal (SResponse) to reduCe noise in the reSpOnSe signal (SResponse) Caused by the eleCtriC pOwer grid.
store the improved response signal (EResponse) in the memory in the anesthetiZing monitoring unit, and
present the improved response signal (EResponse) on the diSplay in the anesthetizing monitoring unit.
13\. (Original) A computer program product comprising a computer-readable storage medium, the computer-readable storage medium having the computer program according to claim 12 embodied therein.SVG {EMBED HERE} 0.3376.54

14\. (Original) A carrier comprising the computer program according to claim 12, wherein the carrier is one of an electronic signal, optical signal, radio signal, or computer readable storage medium.

15\. (Currently Amended) The method according to claim 6, wherein the set of predetermined amplitude value thresholds are predetermined properties of historical improved response signals received at the anesthetizing monitoring unit prior to the response signal (SResponse) being received by the anesthetizing monitoring unit, wherein the threshold values are stored in the memory of the anesthetizing monitoring unit.

16\. (Previously Presented) The method according to claim 1, wherein the temporal segments of the noise signal (SNoise) are gathered by the anesthetizing monitoring unit within an adjacent time interval (TNoise) not overlapping with a stimuli signal interval (Tstimuius) and the duration of the response signal (TResponse).

17\. (Canceled)

18\. (Canceled)

OFFICE ACTION:
EXAMINER'S AMENDMENT
An examiner’s amendment to the record appears below. Should the changes and/or additions be unacceptable to applicant, an amendment may be filed as provided by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the payment of the issue fee.
Authorization for this examiner’s amendment was given in an interview with Applicant’s representative Grant Steyer on March 13, 2025.
The application has been amended as follows:
in claim 1, line 11: “transmitted” was changed to “outputted”;
in claim 6, line 4: “the” was inserted before “one or more amplitude values”;
in claim 10, line 11: “the” was inserted before “stimulating electrodes”
in claim 10, line 14: “the” was inserted before “receiving electrodes”;
in claim 10, line 15: “transmitted” was changed to “outputted”;
in claim 11, line 2: “an anesthetized patient state” was changed to “a state of an anesthetized patient”;
in claim 12, line 2: “computer-executable instructions” was changed to “computer-executable instructions stored on a non-transitory computer medium”;
in claim 12, line 3: a comma was inserted after “a display”;
in claim 12, line 5: “to” was changed to “the anesthetizing monitoring unit performs the steps of”;
in claim 12, line 7: “generate” was changed to “generating”;
claims 13-14 were canceled;
in claim 12, line 9: “output” was changed to “outputting”;
in claim 12, line 9: “the” was inserted before “stimulating electrodes”
in claim 12, line 11: “receive” was changed to “receiving”;
in claim 12, line 12: “the” was inserted before “receiving electrodes”;
in claim 12, line 13: “transmitted” was changed to “outputted”;
in claim 12, line 14: “estimate” was changed to “estimating”;
in claim 12, line 25: “generate” was changed to “generating”;
in claim 12, line 28: “store” was changed to “storing”;
in claim 12, line 30: “present” was changed to “presenting”;
in claim 16, lines 3-4: “a stimuli signal interval” was changed to “the stimuli signal interval”.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance: The amendments filed on February 27, 2025 do not impact the allowability of the claims and the claims are allowable for the reasons provided in the Non-Final Office Action mailed on February 11, 2025.  Claims 10 and 12 are now independent claims, which include all of the limitations of claim 1 including “the temporal segments each have a periodic duration (TPeriodic) matching the frequency of the electric power grid” in combination with the recitation of “the temporal segments of the noise signal (SNoise) are detected during a time interval (TNoise) not overlapping with a stimuli signal interval (TStimulus) of the single stimuli signal (Sstimuli) and not overlapping with the duration of the response signal (TResponse)”, which were not found to be taught in any other reference found during a further prior art search.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion

APPLICANT REBUTTAL: Remarks
The various parts of the Office Action (and other matters, if any) are discussed below under appropriate headings.
Allowable Subject Matter
Applicant appreciates the Examiner's acknowledgment that claims 1-4, 8, 11, and 16 are allowed though claims 2 and 8 are objected to and that claims 5, 6, 9, 10, and 12-15 would be allowable once the 35 U.S.C.§ 112(b) rejection is addressed.
Claim Objections
Claims 2 and 8 have been objected to because of informalities. The claims have been amended to address the informalities. Withdrawal of the objection is respectfully requested.
Claim Rejections - 35 U.S.C. § 112(b)
Claims 5, 6, 9, 10, and 12-15 stand rejected as indefinite. Claim 5 has been amended to depend from claim 4 to overcome the rejection. Claim 6 has been amended to clarify that "amplitude value/s" constitutes "one or more amplitude values" to overcome the rejection. Claim 9 has been amended to clarify the periodic duration to overcome the rejection. Claims 10 and 12 have each been amended into independent form by incorporating the features of claim 1 and further to clarify the structure of the anesthetizing monitoring unit. Claim 15 has been amended to clarify the thresholds based on antecedent basis to overcome the rejection. The remaining claim rejections are for dependency from a rejected base claim and are overcome for the reasons above. Accordingly, Applicant requests withdrawal of the indefiniteness rejection.
Claim Rejections - 35 U.S.C. § 112(d)
Claims 10 and 12-14 stand rejected as being of improper dependent form. As noted above, claims 10 and 12 have each been amended into independent form and therefore
overcome the rejection. Accordingly, Applicant requests withdrawal of the improper dependent form rejection.
Conclusion