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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 19 March 2026 has been entered.
Claims 15 and 20 are cancelled; claims 19 and 22 are withdrawn; new claim 25 is added; claims 1-14, 16-18, 21 and 23-25 are pending.
Response to Arguments
Applicant's arguments filed 19 March 2026 have been fully considered but they are not persuasive. Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-4, 7-14, 16-18, 21 and 23-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yazicioglu et al (U.S. 8,914,099). Yazicioglu discloses (col. 2, lines 3-31) a signal processing module configured to receive an analog signal as a biopotential signal input and generate another analog signal as a processed biopotential signal using the biopotential signal input, wherein the signal processing module processes the biopotential signal input and processed biopotential signal as analog signals; a motion artifact extraction module configured to receive the biopotential signal input and extract a motion artifact signal from the biopotential signal input, wherein the motion artifact signal is an analog signal; and a subtraction module configured to generate an output by subtracting the motion artifact signal from the processed biopotential signal.
Regarding claim 2, Yazicioglu discloses (col. 2, lines 3-31) the biosignal monitoring system is configured such that the processed biopotential signal propagates from the signal processing module to the subtraction module exclusively as an analog signal.
Regarding claim 3, Yazicioglu discloses (col. 7, lines 6-18) the motion artifact extraction module comprises a filter network configured for attenuating components of a differential mode signal of the biopotential signal input that are greater than a first frequency and configured for passing single ended components of the biopotential signal input up to a second frequency that is greater than the first frequency.
Regarding claim 4, Yazicioglu discloses (col. 7, lines 6-18) the motion artifact extraction module comprises :a first forward path amplifier having a first input connected to a first biopotential electrical signal input terminal, and a second input and an output connected to a first output terminal of the motion artifact extraction module; a second forward path amplifier having a first input connected to a second biopotential electrical signal input terminal, a second input and an output connected to a second output terminal of the motion artifact extraction module; and a capacitor connecting the output of the first forward path amplifier and the output of the second forward path amplifier.
Regarding claim 7, Yazicioglu discloses (col. 4, lines 54-61) the first forward path amplifier is implemented as a transconductance amplifier.
Regarding claim 8, Yazicioglu discloses (col. 2, lines 3-31) the signal processing module and the subtraction module are implemented exclusively as analog domain electronic modules.
Regarding claim 9, Yazicioglu discloses (col. 7, lines 6-18) the subtraction module is implemented as an instrumentation amplifier.
Regarding claim 10, Yazicioglu discloses (col. 7, lines 6-18) the biopotential signal input is connected to both a first input of the instrumentation amplifier and an input of the motion artifact extraction module.
Regarding claim 11, Yazicioglu discloses (col. 7, lines 6-18) an output of the motion artifact extraction module is connected to a second input of the instrumentation amplifier.
Regarding claim 12, Yazicioglu discloses (Abstract) the subtraction module is implemented as a digital domain electronic module.
Regarding claim 13, Yazicioglu discloses (Abstract; col. 7, lines 6-18) the signal processing module is implemented as an instrumentation amplifier, the biosignal monitoring system further comprising: a first analog-to-digital converter connected to the output of the motion artifact extraction module and further connected to a first input of the subtraction module; and t second analog-to-digital connected to the output of the signal processing module and further connected to a second input of the subtraction module.
Regarding claim 14, Yazicioglu discloses (Abstract; col. 7, lines 6-18) the motion artifact extraction module is integrated in an instrumentation amplifier comprising: a third forward path amplifier connected between a first input terminal of the motion artifact extraction module and the biopotential signal input; a fourth forward path amplifier connected between a second input terminal of the motion artifact extraction module and the biopotential signal input; a first analog-to-digital converter connected to the output of the motion artifact extraction module and further connected to a first input of the subtraction module; and a second analog-to-digital converter connected to the output of the signal processing module and further connected to a second input of the subtraction module.
Regarding claim 16, Yazicioglu discloses (Abstract) at least an ECG machine.
Regarding claim 17, Yazicioglu discloses (col. 3, lines 6-57) a microchip comprising the biosignal monitoring system.
Regarding claim 18, Yazicioglu discloses (Figure 1) a biomedical device comprising the microchip.
Regarding claim 21, Yazicioglu discloses (Abstract; col. 2, lines 3-31; col. 3, lines 6-57; col. 4, lines 54-61; col. 7, lines 6-18 the motion artifact extraction module is implemented as an analog domain electronic circuit, wherein the motion artifact extraction module comprises a filter network configured for attenuating components of a differential mode signal of the biopotential signal input that are greater than a first frequency and configured for passing single ended components of the biopotential signal input up to a second frequency that is greater than the first frequency, wherein the motion artifact extraction module comprises: a first forward path amplifier having a first input connected to a first biopotential electrical signal input terminal, and a second input and an output connected to a first output terminal of the motion artifact extraction module; a second forward path amplifier having a first input connected to a second biopotential electrical signal input terminal, a second input and an output connected to a second output terminal of the motion artifact extraction module; and a capacitor connecting the output of the first forward path amplifier and the output of the second forward path amplifier, wherein the motion artifact extraction module is integrated in an instrumentation amplifier comprising: a third forward path amplifier connected between a first input terminal of the motion artifact extraction module and the biopotential signal input; a fourth forward path amplifier connected between a second input terminal of the motion artifact extraction module and the biopotential signal input; a first analog-to-digital converter connected to the output of the motion artifact extraction module and further connected to a first input of the subtraction module; and a second analog-to-digital converter connected to the output of the signal processing module and further connected to a second input of the subtraction module.
Regarding claim 23, Yazicioglu discloses (col. 2, lines 3-31) the signal processing module and the motion artifact extraction module are both configured to receive the biopotential signal input.
Regarding claim 24, Yazicioglu discloses (col. 2, lines 3-31) the biosignal monitoring system is configured such that the motion artifact signal propagates from the motion artifact extraction module to the subtraction module exclusively as an analog signal.
Regarding claim 25, Yazicioglu discloses (col. 2, lines 3-31) a biopotential electrical signal input configured to receive an analog signal, wherein the analog signal is a biopotential electrical signal, and the biopotential electrical signal input couples the analog signal to: a signal processing module configured to generate a processed analog biopotential signal using the biopotential electrical signal; a motion artifact extraction module configured to extract an analog motion artifact signal from the biopotential electrical signal; and a subtraction module configured to receive the processed analog biopotential signal and the analog motion artifact signal, and generate an output by subtracting the analog motion artifact signal from the processed analog biopotential signal.
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.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Yazicioglu et al (U.S. 8,914,099). Yazicioglu discloses the claimed invention except for the capacitor has a capacitance between 100 nF to 100 µF. It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide a capacitor with this capacitance range, since it has been held that discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 6, Yazicioglu discloses the claimed invention except for a transconductance of the first forward path amplifier has a value between 10 nS to 1000 nS. It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide a transconductance of this range, since it has been held that discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEBORAH L MALAMUD whose telephone number is (571)272-2106. The examiner can normally be reached Mon - Fri 1:00-9:30 Eastern.
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, Unsu Jung can be reached on (571) 272-8506. 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.
/DEBORAH L MALAMUD/Primary Examiner, Art Unit 3792