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1. (WO2019063744) DISPOSITIF DE VENTILATION PAR SUPPORT DE PRESSION ET PROCÉDÉ DE FOURNITURE D'UNE ALERTE POUR RÉGIME DE COMPENSATION DE PRESSION NON EFFICACE



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INTERNATIONAL SEARCH REPORT (ISR)
Part 1:  1  2  3  4  5  6          Part 2:  A  B  C  D  E 
International application No. Applicant's or agent's file reference
PCT/EP2018/076369 2017P02392WO
International filing date (day/month/year) (Earliest) Priority Date (day/month/year)
27 September 2018 29 September 2017
Applicant
KONINKLIJKE PHILIPS N.V.
FOR FURTHER ACTION: See Form PCT/ISA/220 as well as, where applicable, item 5 below.
This international search report has been prepared by this International Searching Authority and is transmitted to the applicant according to Article 18. A copy is being transmitted to the International Bureau.
It is also accompanied by a copy of each prior art document cited in this report.
1. Basis of the report
a. With regard to the language, the international search was carried out on the basis of:
the international application in the language in which it was filed.
a translation of the international application into                                          which is the language of a translation furnished for the purposes of international search (Rules 12.3(a) and 23.1(b)).
b.
This international search report has been established taking into account the rectification of an obvious mistake authorized by or notified to this Authority under Rule 91 (Rule 43.6bis(a)).
c.
With regard to any nucleotide and/or amino acid sequence disclosed in the international application, the international search was carried out on the basis of a sequence listing:
2. Certain claims were found unsearchable
This international search report has not been established in respect of certain claims under Article 17(2)(a) for the following reasons:
1.
Claims Nos.: 12-22
because they relate to subject matter not required to be searched by this Authority, namely:
Pursuant to Article 17(2)(a)(i) and (b) PCT, no search report has been established for claims 12-22, because these claims are directed to methods for treatment of the human or animal body by therapy and/or surgery in the sense of Rule 39.1(iv) PCT. This is because:
- Claim 12, on which claims 13-22 are dependent, defines a step of providing a pressure compensation regimen to a patient, which represents a step of therapy (intrinsically) and surgery (when implemented via an invasive patient interface such as an endotracheal tube, see paragraph [22] of the description), whereby the whole methods defined in each of claims 12-22 are rendered therapeutical and surgical.
- It is remarked that, in addition, the step of adjusting one or more characteristics of the pressure compensation regimen as defined in claim 14 is also a therapeutic and surgical method step.
2.
Claims Nos.:
because they relate to parts of the international application that do not comply with the prescribed requirements to such an extent that no meaningful international search can be carried out, specifically:
3.
Claims Nos.:
because they are dependent claims and are not drafted in accordance with the second and third sentences of Rule 6.4(a).
3. Unity of invention is lacking
This International Searching Authority found multiple inventions in this international application, as follows:
1. claims: 1-6, 23
A pressure support device according to claim 1, wherein: either (A) the processing unit is structured to determine that the pressure compensation regimen provided to the patient is not effective in relieving the one or more disordered breathing events when the one or more disordered breathing events persists for a predetermined period of time; or (B) the processing unit is structured to adjust one or more characteristics of the pressure compensation regimen, and wherein the processing unit is structured to determine that the pressure compensation regimen provided to the patient is not effective in relieving the one or more disordered breathing events when the one or more disordered breathing events persists through a predetermined number of adjustments to the one or more characteristics of the pressure compensation regimen; or (C) the one or more sensors are structured to sense an airflow waveform for a number of breaths of the patient, wherein the one or more disordered breathing events includes an epiglottic collapse in the patient, wherein the processing unit is structured to determine if the epiglottic collapse is present in the patient based on the airflow waveform, and wherein the processing unit is structured to determine that the pressure compensation regimen provided to the patient is not effective in relieving the one or more disordered breathing events when it is determined that the epiglottic collapse is present in the patient.
2. claims: 7-11
A pressure support device according to claim 1, further comprising: either (A) one or more indicators, wherein the one or more indicators are structured to provide one or more of a visual, an audible, and a tactile indication to the patient in response to the processing unit outputting the alert; or (B) a communication unit, wherein, in response to the processing unit outputting the alert, the communication unit is structured to communicate the alert to an external device; or wherein: (C) the one or more sensors include one or more sensors structured to determine a body or head position of the patient, wherein the processing unit is structured to determine if the patient is in a supine position based on outputs of one or more of the sensors, and wherein the processing unit is structured to output the alert only if the it is determined that the patient is in the supine position; or (D) the alert includes a suggestion to use positional therapy.
1.
As all required additional search fees were timely paid by the applicant, this international search report covers all searchable claims.
2.
As all searchable claims could be searched without effort justifying additional fees, this Authority did not invite payment of additional fees.
3.
As only some of the required additional search fees were timely paid by the applicant, this international search report covers only those claims for which fees were paid, specifically claims Nos.:
4.
No required additional search fees were timely paid by the applicant. Consequently, this international search report is restricted to the invention first mentioned in the claims; it is covered by claims Nos.: 1-6, 23
Remark on Protest
The additional search fees were accompanied by the applicant’s protest and, where applicable, the payment of a protest fee.
The additional search fees were accompanied by the applicant’s protest but the applicable protest fee was not paid within the time limit specified in the invitation.
No protest accompanied the payment of additional search fees.
4. Title of the invention
The text is approved as submitted by the applicant.
The text has been established by this Authority to read as follows:
5. Abstract
The text is approved as submitted by the applicant.
The text has been established, according to Rule 38.2, by this Authority as it appears in Box No. IV. The applicant may, within one month from the date of mailing of this international search report, submit comments to this Authority.
6. Drawings
a.
The figure of the drawings to be published with the abstract is Figure No.     1    
as suggested by the applicant.
as selected by this Authority, because the applicant failed to suggest a figure.
as selected by this Authority, because this figure better characterizes the invention.
b.
none of the figures is to be published with the abstract.

A. CLASSIFICATION OF SUBJECT MATTER

     A61M 16/00 (2006.01)i; A61B 5/00 (2006.01)i; A61B 5/08 (2006.01)i
According to International Patent Classification (IPC) or to both national classification and IPC

B. FIELDS SEARCHED

Minimum documentation searched (classification system followed by classification symbols):
     A61M; A61B
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):
EPO-Internal, WPI Data

C. DOCUMENTS CONSIDERED TO BE RELEVANT

Category* Citation of document, with indication, where appropriate, of the relevant passages Relevant to claim No.
(1)
X
US 2006037615 A1 (WILKINSON MALCOLM H [AU] ET AL) 23 February 2006 (2006-02-23)
1-5,23
Y
paragraph [0001] - paragraph [0003]
2-4,6
paragraph [0032] - paragraph [0054]
paragraph [0072] - paragraph [0095]
paragraph [0173] - paragraph [0234]
paragraph [0251] - paragraph [0274]
paragraph [0305] - paragraph [0318]
paragraph [0330] - paragraph [0334]
figures 8, 10, 16
(2)
Y
US 2015258290 A1 (LANDWEHR BIRGER [DE]) 17 September 2015 (2015-09-17)
2
paragraph [0002] - paragraph [0032]
paragraph [0050] - paragraph [0079]
(3)
Y
US 2016030689 A1 (LANDESBERG AMIR [IL] ET AL) 04 February 2016 (2016-02-04)
2
paragraph [0002]
paragraph [0120]
(4)
Y
DE 102015015439 A1 (DRÄGERWERK AG & CO KGAA [DE]) 08 June 2017 (2017-06-08)
3,4
paragraph [0001] - paragraph [0004]
paragraph [0082] - paragraph [0092]
figure 16
(5)
Y
US 5603315 A (SASSO JR RICHARD E [US]) 18 February 1997 (1997-02-18)
3,4
column 1, line 6 - line 9
column 12, line 29 - line 37
figure 18
(6)
Y
AZARBARZIN ALI ET AL, "Predicting epiglottic collapse in patients with obstructive sleep apnoea", Vol. 50, No. 3, 20 September 2017 (2017-09-20), page 1-12, EUROPEAN RESPIRATORY JOURNAL,
Retrieved from the Internet:
URL:http://erj.ersjournals.com/cgi/doi/10.1183/13993003.00345-2017
XP009510012
[retrieved on  2017-09-20]
6
abstract
page 1 - page 11
(7)
Y
US 2015327806 A1 (KEZIRIAN ERIC JAMES [US] ET AL) 19 November 2015 (2015-11-19)
6
paragraph [0002] - paragraph [0006]
paragraph [0029] - paragraph [0036]
figure 8
(8)
A
US 2012247472 A1 (LYNCH JR WILLIAM RAY [US]) 04 October 2012 (2012-10-04)
1-6,23
paragraph [0002] - paragraph [0017]
paragraph [0028] - paragraph [0067]
figures 1-9B
(9)
A
US 2016346492 A1 (MULCAHY DAVID [AU] ET AL) 01 December 2016 (2016-12-01)
3,4
paragraph [0002] - paragraph [0035]
paragraph [0048] - paragraph [0117]
figures 1-8
*
Special categories of cited documents:
"A"
document defining the general state of the art which is not considered to be of particular relevance
"E"
earlier application or patent but published on or after the international filing date
"L"
document which may throw doubts on priority claim(s) or which is cited to establish the publication date of another citation or other special reason (as specified)
"O"
document referring to an oral disclosure, use, exhibition or other means
"P"
document published prior to the international filing date but later than the priority date claimed
"T"
later document published after the international filing date or priority date and not in conflict with the application but cited to understand the principle or theory underlying the invention
"X"
document of particular relevance; the claimed invention cannot be considered novel or cannot be considered to involve an inventive step when the document is taken alone
"Y"
document of particular relevance; the claimed invention cannot be considered to involve an inventive step when the document is combined with one or more other such documents, such combination being obvious to a person skilled in the art
"&"
document member of the same patent family

D. INFORMATION ON PATENT FAMILY MEMBERS

Patent document cited in search report Publication date
(day/month/year)
Patent family member(s) Publication date
(day/month/year)
US 2006037615 A1
23 February 2006
AU 2006227544 A1
GB 2440466 A
US 2006037615 A1
WO 2006099670 A1
28 September 2006
30 January 2008
23 February 2006
28 September 2006
US 2015258290 A1
17 September 2015
CN 104916069 A
DE 102014003542 A1
US 2015258290 A1
16 September 2015
17 September 2015
17 September 2015
US 2016030689 A1
04 February 2016
EP 1978871 A2
US 2009036790 A1
US 2014058274 A1
US 2016030689 A1
WO 2007088539 A2
15 October 2008
05 February 2009
27 February 2014
04 February 2016
09 August 2007
DE 102015015439 A1
08 June 2017
CN 108348720 A
DE 102015015439 A1
EP 3383462 A1
JP 2018531740 A
KR 20180089490 A
US 2018344959 A1
WO 2017092851 A1
31 July 2018
08 June 2017
10 October 2018
01 November 2018
08 August 2018
06 December 2018
08 June 2017
US 5603315 A
18 February 1997
NONE
US 2015327806 A1
19 November 2015
NONE
US 2012247472 A1
04 October 2012
NONE
US 2016346492 A1
01 December 2016
US 2009038616 A1
US 2013319415 A1
US 2016346492 A1
12 February 2009
05 December 2013
01 December 2016
Name and mailing address of the ISA/:
European Patent Office
P.B. 5818, Patentlaan 2, 2280 HV Rijswijk,
Netherlands
Telephone No. (+31-70)340-2040
Facsimile No. (+31-70)340-3016
Date of the actual completion of the international search:
17 December 2018
Date of mailing of the international search report:
26 February 2019
Authorized officer:
Aguado, Miguel
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