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 filed 06/27/2024 with respect to the rejection of claim 1 under 35 USC 103 have been fully considered but they are not persuasive. On page 7, the applicant argues that “cited paragraphs of Masato merely discloses a pressure sensor and an air pipe, but nowhere states that the air pipe is configured to output air in response to a pressure detected by the pressure sensor”. This argument is considered to be irrelevant since the claim as written does not require the limitations argued by the applicant. The claim as currently recited states “an air bag [] configured to output air according to a pressure from a living body”. The claim does not provide any details regarding the output air to be in response to a pressure detected by a pressure sensor. Rather, the air bag merely needs to be capable of outputting air due to a pressure from a living body. Here, Masato discloses having air pipe connecting the container to the pressure detection device (i.e., “the air container 3 and the detection device 7 may be connected by an air pipe, and a configuration in which internal air pressure fluctuation detection means such as a microphone or a pressure sensor is provided on the detection device 7 side may be employed”) which is understood to read over the claimed limitation as currently recited.
Applicant's arguments filed 06/27/2024 with respect to the rejection of claim 4 under 35 USC 103 have been fully considered but they are not persuasive. On page 7, the applicant argues that “Masato does not disclose that the mat for detecting biological information is configured to output air corresponding to a motion transmitted from the living body” []”. This argument is fully considered but is not persuasive. As written, the claim does not provide any details regarding how the motions are monitored (i.e., using a specific sensor or mere difference in pressure within the bag, et.) and does not provide any details regarding the specific biological information that is detected. Under its broadest reasonable interpretation, any fluctuation in the bag pressure which is used to determine any information related to the user is considered to read over the claimed limitation. Here, Masato at least discloses “ the internal air pressure fluctuates due to the vibration derived from the body motion transmitted to the air containing body 3. By detecting this air pressure fluctuation in the detecting device 7 via the pressure fluctuation detecting means described above, Biometric information is collected.”
Applicant's arguments in combination with amendments, filed 06/27/2024, with respect to the rejection of claim 1-8 under 35 USC 101 have been fully considered and are persuasive. The 101 rejection of claims 1-8 are withdrawn.
Applicant's arguments in combination with amendments, filed 06/27/2024, with respect to the rejection of claim 3-8 under 35 USC 112(b) have been fully considered and are persuasive. The 112(b) rejection of claims 3-8 are withdrawn.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2009082585A granted to Masato et al. (hereinafter “Masato” – provided on IDS) in view of JP2016179035 granted to Yuanyang et al. (hereinafter “Yuanyang” – provided on IDS).
Regarding claim 1, Masato discloses a mat for detecting biological information (para 0015, 0025 “apparatus”, specifically the embodiment shown in para 0028, fig. 8,), comprising: an air bag (para 0006, 0028 “deformable air container 3”, fig. 8) formed in an elongated shape and configured to output air according to pressure from a living body (para 0012, 0014-0016, etc. discussing “pressure sensor”, “biological information” “detection device 7 connected by an air pipe”, “the air container 3 and the detection device 7 may be connected by an air pipe, and a configuration in which internal air pressure fluctuation detection means such as a microphone or a pressure sensor is provided on the detection device 7 side may be employed”); a plate-shaped cushion member having a thickness substantially the same as that of the air bag, in which the air bag is formed in a central portion, and in which the air bag is fitted (para 0028 “cushion 14” shown in fig. 8 showing the cushion 14 and air container 3 to have substantially the same thickness); and a pair of plate-shaped members, and provided so as to sandwich the plate-shaped cushion member (para 0028, “cushion member is interposed between the first plate 1 and the second plate 2”).
Masato fails to explicitly disclose the plate-shaped members to be synthetic resin, each having a size substantially the same as the cushion member and to be bendable as a whole.
Yuanyang, from a similar field of endeavor, teaches a similar apparatus (mattress 2a) having a pressure sensitive tube in combination with a pressure receiving unit to detect internal pressure changes as to detect biological signals (para 0034). The first and second plates (26/28) are made of hard resin, having a thickness of about 3 mm (para 0046) and are allowed to deform to transmit pressure on sensing tube 22 that has an inner diameter set to a value of about 2 to 5 mm (about 3 mm), and a wall thickness of 1 mm (para 0044, 0048). The deformable plates that sandwich the pressure sensitive tube allow detecting biological signals of a user with high precision (para 0085). 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 disclosure of Masato with the teachings of Yuanyang to provide the predictable result of detecting biological signals with a higher precision.
Regarding claim 2, Masato as modified by Yuanyang renders obvious the mat for detecting biological information according to claim 1, wherein the air bag has a cushion material having a predetermined thickness therein (Yuanyang, para 0044, 0048; under the broadest reasonable interpretation, the “predetermined thickness” is considered to be any thickness).
Regarding claim 1, Masato discloses a device for detecting biological information, comprising: a mat for detecting biological information (para 0015, 0025 “apparatus”, specifically the embodiment shown in para 0028, fig. 8), comprising according to claim 1 disposed below a subject; an air bag (para 0006, 0028 “deformable air container 3”, fig. 8) formed in an elongated shape and configured to output air according to pressure from a living body (para 0012, 0014-0016, etc. discussing “pressure sensor”, “biological information” “detection device 7 connected by an air pipe”, “the air container 3 and the detection device 7 may be connected by an air pipe, and a configuration in which internal air pressure fluctuation detection means such as a microphone or a pressure sensor is provided on the detection device 7 side may be employed”); a plate-shaped cushion member having a thickness substantially the same as that of the air bag, in which the air bag is formed in a central portion, and in which the air bag is fitted (para 0028 “cushion 14” shown in fig. 8 showing the cushion 14 and air container 3 to have substantially the same thickness); and a pair of synthetic resin plate-shaped members (para 0028, “cushion member is interposed between the first plate 1 and the second plate 2”); and a biological information detection unit sensor for detecting periodic biological information of a subject based on air pressure from the mat for detecting biological information(para 0015-0017 “biological information is collected by the detection device 7”).
Masato fails to explicitly disclose the plate-shaped members to be synthetic resin, each having a size substantially the same as the cushion member and to be bendable as a whole.
Yuanyang, from a similar field of endeavor, teaches a similar apparatus (mattress 2a) having a pressure sensitive tube in combination with a pressure receiving unit to detect internal pressure changes as to detect biological signals (para 0034). The first and second plates (26/28) are made of hard resin, having a thickness of about 3 mm (para 0046) and are allowed to deform to transmit pressure on sensing tube 22 that has an inner diameter set to a value of about 2 to 5 mm (about 3 mm), and a wall thickness of 1 mm (para 0044, 0048). The deformable plates that sandwich the pressure sensitive tube allow detecting biological signals of a user with high precision (para 0085). 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 disclosure of Masato with the teachings of Yuanyang to provide the predictable result of detecting biological signals with a higher precision.
Regarding claim 4, Masato as modified by Yuanyang renders obvious the device for detecting biological information according to claim 3, wherein the mat for detecting biological information outputs air corresponding to a motion transmitted from the living body (Masato, para 0016; mat outputs air in response to movements).
Regarding claim 5, Masato as modified by Yuanyang renders obvious the device for detecting biological information according to claim 4, wherein the biological information detection unit detects a respiration rate or a heart rate of the subject as the biological information (Masato, para 0025 “heart rate”, “respiration”).
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Masato as modified by Yuanyang as applied to claims 1-5 above, and further in view of WO2015137433A1 granted to Takashima et al. (hereinafter “Takashima” – provided on IDS).
Regarding claim 6, Masato as modified by Yuanyang renders obvious the device for detecting biological information according to claim 5, but fails to explicitly disclose further comprising: a transmitting unit for transmitting the biological information detected by the biological information detecting unit to an information terminal device.
Takashima, from a similar field of endeavor, teaches a similar device and apparatus having a communication unit for transmitting and receiving information to and from the outside with an information terminal device and a biological information management server to manage biological information (para 0032-0035 and 0039). 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 disclosure of Masato as modified by Yuanyang with the teachings of Takashima to provide the predictable result of transmitting/receiving and managing the measured biological information.
Regarding claim 7, Masato as modified by Yuanyang and Takashima renders obvious the device for detecting biological information according to claim 6, wherein the information terminal device has an output unit that outputs information based on biological information transmitted from the transmission unit (Takashima, para 0015, 0032-0035 and 0039).
Regarding claim 8, Masato as modified by Yuanyang and Takashima renders obvious a system for distributing biological information, comprising: the device for detecting biological information according to claim 7 (see rejection of claim 7); an information terminal device capable of communicating; and a server device that receives biological information transmitted from the biological information detection device and transmits to the information terminal device at least one of the biological information and information on the state of the detection target person based on the biological information (Takashima, para 0011-0019 discussing “biometric information communication”, 0032-0035 and 0039,and “alert information”, also see rejection of claims 6-7).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/SANA SAHAND/Examiner, Art Unit 3796