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 .
Response to Arguments
Applicant’s arguments, see remarks, filed 06/13/2025, with respect to the rejection(s) of claim(s) 1-6 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Applicant’s arguments and newly found prior art that reads on the .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 & 3-6 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by International Application WO 2018/123384, hereinafter referenced as “Iwata”.
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
With respect to claim 1, Iwata teaches a blood pressure measurement device 10 (see Iwata, figs. 1 & 2) comprising:
a case 10B including an outer portion that is cylindrical (see Iwata, figs. 1 & 2, par 0052);
a belt 2 configured to attach the blood pressure measurement device to a living body (see Iwata, figs. 1 & 2, par 0054);
a curler 24 curving in such a manner as to follow along a circumferential direction of a portion of the living body where the blood pressure measurement device is attached, the curler including a facing portion aligned at one end of the outer portion of the case in a thickness direction (i.e., the curler has a portion that is aligned at the end of the case and extends from the case) (see Iwata, figs. 1 & 2, par 0058);
and a cuff 20 (i.e., a cuff structure comprising a pressing cuff and a sensing cuff) (see Iwata, par 0058-0062, figs. 2, 3A & 3B, 4A & 4B), formed of two sheet members formed of a resin material (i.e., polyurethane) (see Iwata, par 0061), the cuff being configured to be inflated with a fluid (see Iwata, par 0058-0062, figs. 2, 3A & 3B, 4A & 4B), one of the sheet members that is disposed on a side toward the curler including a facing portion facing the facing portion of the curler (i.e., one of the sheets in contact with curler 24 has a portion that faces the curler portion that is aligned with the case) (see Iwata, par 0058-0062, figs. 2, 3A & 3B, 4A & 4B), and the facing portion of the one of the sheet members being larger than all other portions of the cuff in a width direction (i.e., the pressing cuff of the cuff structure has a width that is larger than portions of the sensing cuff) (see Iwata, par 0060, 0110-0111, figs. 3A-3B & 19), wherein the curler is positioned to be between the belt and the living body (see Iwata, figs. 1 & 2, par 0058), and wherein the facing portion of the curler is constituted in a shape being larger than all other portions of the curler in a width direction (i.e., the curler has a width that is larger where blood pressure measurements will be taken, so as to uniformly distribute a pressing force against the skin of a user) (see Iwata, par 0060, 0110-0111, figs. 3A-3B & 19).
With respect to claim 3, Iwata teaches the blood pressure measurement device according to claim 1, further comprising a cover member, a portion of the facing portion of the one of the sheet members being sandwiched between the cover member and the facing portion of the curler, and the portion of the facing portion of the one of the sheet members protruding beyond all other portions of the one of the sheet members in a width direction (i.e., the sheet member of the sensing cuff does not directly contact the user, and instead indirectly contacts the user via a cover member) (see Iwata, par 0022 & 0122).
With respect to claim 4, Iwata teaches the blood pressure measurement device according to claim 3, wherein the cover member includes a protruding portion, the facing portion of the one of the sheet members includes a hole where a part of the protruding portion is disposed, and the facing portion of the curler includes a fitting portion where a part of the protruding portion fits (i.e., the sheet members are configured to be attached to the curler at a specific portion of both the curler and the cuff structure) (see Iwata, par 0067-0069, figs. 2 & 7).
With respect to claim 5, Iwata teaches the blood pressure measurement device according to claim 1, wherein the case further includes a back lid 22 (i.e., a back plate) covering the one end of the outer portion of the case, and the facing portion of the curler is connected to the back lid (see Iwata, fig. 2, par 0058).
With respect to claim 6, Iwata teaches the blood pressure measurement device according to claim 1, wherein the facing portion of the curler covers the one end of the outer portion of the case (i.e., the facing portion of the curler covers a portion of the back of the case) (see Iwata, fig. 2, where the first facing portion of curler covers a portion of the back of the case).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 & 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 20060135872 –as previously cited--, hereinafter referenced as “Karo” in view of US Patent Application Publication 20170296073, hereinafter referenced as “Gloth”, and in further view of US Patent 6,379,310 --as previously cited--, hereinafter referenced as "Mori".
With respect to claim 1, Karo teaches a blood pressure measurement device 100 (see figs. 1 & 2) comprising:
a case 110 (i.e., a main body) (see figs. 1 & 2) including an outer portion (see figs. 1 & 2);
a belt 130/140 (i.e., a band-shaped structure of the cuff that contains the air bladder) configured to attach the blood pressure measurement device to a living body (see par 0004, 0010 & 0105, figs. 1-2 & 27);
a curler 160 (i.e., a curled elastic member) curving in such a manner as to follow along a circumferential direction of a portion of a living body where the blood pressure measurement device is attached (see figs. 2 & 28, par 0010-0011, 0014, 0091 & 0095), the curler including a facing portion aligned at one end of the outer portion of the case in a thickness direction (i.e., the curler has a portion that is aligned at the end of the case and extends from the case) (see fig. 2 where curler 160 is aligned with case 110 and extends from it in a thickness direction);
and a cuff 150 (i.e., an air bag) formed of two sheet members 151, 152 formed of a resin material (see fig. 2, par 0093-0094), the cuff 150 being configured to be inflated with a fluid (i.e., air) (see par 0093), wherein one of the sheet members that is disposed on a side toward the curler (i.e., a resin sheet that is on a side toward the curler, see fig. 2) includes a facing portion facing the facing portion of the curler (i.e., one of the sheets in contact with curler 160 has a portion that faces the curler portion that is aligned with the case 110) (see fig. 2),
wherein the curler 160 is positioned to be between the belt and the living body (i.e., the curler is between a band and a living body since it is formed within the belt and makes contact with the living body during blood pressure measurements) (see fig. 2, par 0010-0011, 0014, 0091 & 0095).
Karo fails to teach that the facing portion of the one of the sheet members is larger than all other portions of the cuff in a width direction, that the facing portion of the curler is constituted in a shape being larger than all other portions of the curler in a width direction, and that the case includes an outer portion that is cylindrical.
Gloth teaches a blood pressure cuff comprising an alignment component and a tapered inflatable bladder wherein the inflatable tapered bladder has a width that increases as the distance from the alignment component increases, such that the width of the tapered bladder is about 40% of the circumference of the limb so as to properly occlude a patient’s blood vessel once inflated (see Gloth, par 0017, 0033-0037, and figs. 1 & 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Karo such that the facing portion of the one of the sheet members is larger than all other portions of the cuff in a width direction because that ensures that a patient’s blood vessels are properly occluded during inflation of the blood pressure measurement device when blood pressure measurements are being obtained (see Gloth, par 0017, 0033-0037, and figs. 1 & 2).
Karo as modified by Gloth fails to teach that the facing portion of the curler is constituted in a shape being larger than all other portions of the curler in a width direction, and that the case includes an outer portion that is cylindrical.
Mori teaches that the facing portion of a curler 58 is constituted in a shape being larger than all other portions of the curler in a width direction (i.e., the facing portion of a curler 58 is wider than other portions of the curler, as the maximum curvature (i.e., major axis) of the elliptical curler comprises the first facing portion) (see Mori, Col. 4, lines 61—67 – Col. 5, lines 1-5, fig. 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the facing portion of the curler as taught by Karo as modified by Gloth, by substituting the facing portion of the curler as taught by Mori because a facing portion of a curler that is larger than other portions of the curler in a width direction (i.e., wider) increases the surface area of the facing portion of the curler which permits a better connection between the wrist of a user and the curler, ensuring that accurate blood pressure measurements are obtained.
Karo as modified by Gloth and Mori fails to teach that the case includes an outer portion that is cylindrical.
However, it would be an obvious design choice to a person of ordinary skill in the art to modify the shape of the case such that it includes an outer portion that is cylindrical because Applicant has not disclosed that the feature provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with the shape of an outer portion of a case that is cylindrical of the cited prior art because both provide the same or similar predictable results, e.g. a main body for the blood pressure measurement device. See MPEP section 2144.04 IV. B. Changes in Shape.
With respect to claim 3, Karo as modified teaches the blood pressure measurement device according to claim 1. Karo further teaches a cover member 140 (see Karo, par 0010-0011, 0091-0092, fig. 2 & 27-28), a portion of a facing portion of one of the sheet members 151,152 being sandwiched between the cover member and a facing portion of the curler 160 (i.e., a facing portion of the sheets of the cuff is joined with the facing portion of the curler by the cover member) (see Karo, fig. 2), and the portion of the facing portion of one of the sheet members protruding beyond all other portions of the one of the sheet members in a width direction (i.e., there is a portion of one of the sheet members that is wider than all other portions of the sheet members) (see Karo, par 0104).
With respect to claim 4, Karo as modified teaches the blood pressure measurement device according to claim 3. Karo as modified by Gloth does not teach that the cover member includes a protruding portion, the facing portion of one of the sheet members includes a hole, nor that the facing portion of the curler includes a fitting portion where the protruding portion fits.
Mori teaches that a cover member includes a protruding portion (i.e., a portion of the cover member that protrudes from its surface), the facing portion of one of the sheet members 57a, 57b includes a hole where a part of the protruding portion is disposed, and a facing portion of a curler 58 includes a fitting portion where a part of the protruding portion fits (see Mori, Col. 7, lines 41-47).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blood pressure measurement system of Karo as modified such that it includes a cover member with a protruding portion, a facing portion of one of the sheet members with a hole, and a facing portion of the curler with a fitting, as taught by Mori, because a cover member with a protrusion that fits through a hole of the facing portion of one of the sheet members and into the facing portion of the curler securely joins the three elements together, thereby permitting a good connection of the curler to the cuff and the cuff to the user which enables more accurate results to be taken from the device.
With respect to claim 5, Karo as modified teaches the blood pressure measurement device according to claim 1. Karo as modified by Gloth does not teach that the case further includes a back lid that covers one end of the outer portion of the case wherein the facing portion of the curler is connected to the back lid.
Mori teaches that a case 50 includes a back lid 13 (see Mori, fig. 8A-8C, Col. 4, lines 44-54) covering one end of the outer portion of the case 50 (see Mori, fig. 7), and a facing portion of a curler 58 is connected to the back lid 13 (see Mori, fig. 7, where curler 58 is connected to the back lid).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the blood pressure measurement system of Karo as modified such that the case of Karo includes a back lid, as taught by Mori, because a case including a back lid improves the device of Karo by providing an opening to a housing portion for the internal components of the device (see Mori, Col. 5, lines 44-64).
With respect to claim 6, Karo as modified teaches the blood pressure measurement device according to claim 1. Karo further teaches that the facing portion of the curler 160 covers the one end of the outer portion of the case (i.e., the first facing portion of the curler covers a portion of the back of the case) (see Karo, fig. 2, where the first facing portion of curler 160 covers a portion of the back of the case 110).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Destiny J Cruickshank whose telephone number is (571)270-0187. The examiner can normally be reached M-F, 9am-6pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Marmor II can be reached on (571) 272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/D.J.C./Examiner, Art Unit 3791
/PUYA AGAHI/Primary Examiner, Art Unit 3791