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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 July 24, has been entered. The Examiner acknowledges the amendments to claims 1 and 10. Claims 1-10 are currently pending, with claims 5-9 being withdrawn.
Response to Arguments
In Applicant’s remarks, filed July 24, 2025, Applicant argues the combination of Sano as modified by Kobayashi fails to teach the joining margin is directly adjacent to and continuous with the weld portion of the second bag-shaped structure, and further that a portion of the joining margin is provided along a longitudinal direction of the second bag-shaped structure and is joined to the weld portion of the one of the plurality of first-bag shaped structures. The Examiner respectfully disagrees with Applicant’s argument that Sano as modified by Kobayashi fails to teach a portion of the joining margin is provided along a longitudinal direction of the second bag-shaped structure and is joined to the weld portion of the one of the plurality of first-bag shaped structures because Sano does disclose a portion of a joining margin that is provided along a longitudinal direction of a second bag-shaped structure and that is joined to weld portions of a first-bag shaped structure, as Sano discloses a bonded portion 156c that is a joined portion of resin sheets that extend longitudinally (see Sano, par 0075, fig. 6). Therefore, the bonded portion 156c of Sano is analogous to the claimed joining margin because the bonded portion is the area where the resin sheets are joined/welded together. However, the Examiner recognizes that Sano as modified by Kobayashi fails to teach the joining margin is directly adjacent to the weld portion of the second bag-shaped structure. Therefore, Applicant’s arguments regarding that limitation have been fully considered and are persuasive. As such, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Applicant's arguments. See 35 USC 103 rejections below.
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 & 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 20060129049 -- as previously cited-- hereinafter referenced as "Sano" in view of US Patent Application Publication 20060058688, hereinafter referenced as "Kishimoto", and in further view of US Patent Application Publication 20120302901 --as previously cited--, hereinafter referenced as "Kobayashi".
With respect to claims 1 & 10, Sano teaches a blood pressure measuring device 100 (see figs. 1 & 2) comprising:
a curler 160 (i.e., a curled elastic member) (see Sano, fig. 8, par 0008-0009, 0015, 0062, 0078 & 0084);
a cuff unit 130B (see Sano, fig. 8) including a pressing cuff (i.e., a first bag member) (see Sano, fig. 8, par 0086) including a plurality of first bag-shaped structures 157a, 157b (i.e., inflated/deflated spaces) (see Sano, fig. 8, par 0086), the plurality of first bag-shaped structures being layered and each being inflatable by a fluid (see Sano, fig. 8, par 0086);
a sensing cuff (i.e., a second bag member) (see Sano, fig. 8, par 0086) including one second bag-shaped structure 157c (see Sano, fig. 8, par 0086) and a joining margin 156c (i.e., a bonded portion) (see Sano, figs. 8 & 9, par 0089), the one second bag-shaped structure being inflatable by a fluid (see Sano, fig. 8, par 0086), and the joining margin 156c being formed on the second bag-shaped structure (see Sano, figs. 8 & 9, par 0089) and joined adjacent to one of the plurality of first bag-shaped structures that is adjacent to the second bag-shaped structure (i.e., the bonded portion joins the second bag member to the first bag member) (see Sano, figs. 8 & 9, par 0089);
and a device body 110 (i.e., a main body) that supplies the fluid to the cuff unit (see Sano, fig. 3, par 0063),
wherein the pressing cuff and the sensing cuff are fluidly connected with a fluid circuit (i.e., the pressing cuff and the sensing cuff that form a cuff unit are connected to a pump driving circuit 126 that is connected to the air bag of the cuff unit) (see Sano, par 0063, fig. 3),
wherein each of the plurality of the first bag-shaped structures includes a weld portion welding together the first sheet members (see Sano, par 0075, figs. 8 & 9 wherein bonded portions 156a & 156b welds the first bag members together),
wherein the second bag-shaped structure includes a weld portion welding together the two second sheet members (see Sano, par 0089, figs. 8 & 9 wherein bonded portion 156c welds the second bag member to one of the first bag members),
wherein the joining margin is formed by the second sheet member, and is integral with the second bag-shaped structure such that the joining margin is continuous with the weld portion of the second bag-shaped structure (i.e., the bonded portion 156c is both the joining margin and weld portion of the second bag member) (see Sano, par 0089, figs. 8 & 9 wherein bonded portion 156c welds the second bag member to one of the first bag members),
and a portion of the joining margin is provided along a longitudinal direction of the second bag-shaped structure and is joined to the weld portion of the one of the plurality of first-bag shaped structures (see Sano, par 0089, figs. 8 & 9b).
Sano fails to teach the joining margin is directly adjacent to the weld portion of the second bag-shaped structure, and further fails to teach that each of the plurality of the first bag-shaped structures includes at least two first sheet members and the second bag-shaped structure includes two second sheet members differing from the first sheet members.
Kishimoto teaches a cuff 1A for a blood pressure monitor that comprises an air bag 10B (see Sano, figs. 6 & 7). The air bag 10B comprises an inflated/deflated space 15, an outer wall portion 11a, an inner wall portion 11b, and a band-shaped connecting portion 12 that is formed of three resin sheets stacked upon one another (see Sano, fig. 7, par 0063-0064). The ends of the band-shaped connecting portion 12 are melted and bonded to outer wall portion 11a and inner wall portion 11b in bonded portions 14b and 14c, wherein outer wall portion 11a and inner wall portion 11b are welded together at portions 14b and 14c, as well as joined to a portion of the band-shaped connection portion 12b at portions 14b and 14c (i.e., at portions 14b and 14c, the sheets are welded together and are also joined to the band-shaped connecting portion, thus portions 14b and 14c act as welding and joining portions that are adjacent and continuous with one another). This configuration wherein the band-shaped connecting portion 12 is attached at ends of the air bag 10B permits uniform inflation of the air bag 10B over the entire region of the air bag 10B when pressurized air is introduced into the air bag 10B (see Sano, abstract, par 0017-0019, 0021, 0028, 0063-0064, figs. 6 & 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 system of Sano such that it comprises a joining margin that is directly adjacent to the weld portion of the second bag-shaped structure because that would improve the system of Sano by permitting uniform inflation of the air bag/bag-shaped structure as the inflated/deflated space of the air bag/bag-shaped structure extends continuously from one end to the other end of the air bag (see Sano, abstract, par 0017-0019, 0021, 0028, 0063-0064, figs. 6 & 7).
Sano as modified by Kishimoto fails to teach that each of the plurality of the first bag-shaped structures includes at least two first sheet members and the second bag-shaped structure includes two second sheet members differing from the first sheet members.
Kobayashi teaches bag-shaped members can be formed by laying two resin sheets on top of one another and welding peripheral edges of the resin sheets (see Kobayashi, par 0062-0063, figs. 3 & 4).
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 Sano as modified by Kishimoto such that each of the plurality of the first bag-shaped structures includes at least two first sheet members and the second bag-shaped structure includes two second sheet members differing from the first sheet members because that would be the simple substitution of one type of bag-shaped structure (the bag-shaped members of Kobayashi that are each formed of two resin sheets) for another (the bag members of Sano as modified by Kishimoto that are formed of only one sheet welded to another resin sheet).
With respect to claim 2, Sano further teaches one of the plurality of first bag-shaped structures 157a, 157b are configured in a shape long in one direction (i.e., in a longitudinal direction) (see Sano, fig. 8);
the second bag-shaped structure 157c (i.e., the second bag member) is configured in a shape long in one direction (i.e., in a longitudinal direction) (see Sano, fig. 8);
and the joining margin 156c is formed at an outer edge portion of the second bag-shaped structure along a longitudinal direction of the second bag-shaped structure 157c, and the joining margin 156c is joined to an outer edge portion of the one of the plurality of the first bag-shaped structures along a longitudinal direction of the one of the plurality of first bag-shaped structures 157a, 157b (see Sano, figs. 8 & 9).
With respect to claim 3, Sano further teaches the pressing cuff and the sensing cuff are curved to follow an inner circumferential surface of the curler (see Sano, fig. 2, par 0058).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sano in view of Kishimoto and Kobayashi as applied to claim 1 above, in view of US Patent Application Publication 20040243008 -- as previously cited--, hereinafter referenced as "Nishibayashi".
With respect to claim 4, Sano as modified by Kishimoto and Kobayashi does not teach a back plate disposed between the pressing cuff and the sensing cuff and joined to the pressing cuff and the sensing cuff.
Nishibayashi teaches a back plate 42, 44 (i.e., a first support plate and a second support plate) disposed between a first inflatable bag and a second inflatable bag of a containing bag, wherein the back plate 42, 44 is formed of a hard material that supports the cuff to be in a cylinder shape when worn around an ankle of a user (see Nishibayashi, par 0023, 0031, figs. 3 & 6).
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 Sano as modified by Kishimoto and Kobayashi to have a back plate disposed between the pressing cuff and the sensing cuff and joined to the pressing cuff and the sensing cuff because it would improve the system of Sano as modified by Kishimoto and Kobayashi by supporting the cuff to be in a cylinder shape due to the hardness of the back plate when wound around a portion of a patient (i.e., a wrist or ankle of a patient) (see Nishibayashi, par 0023, 0031, figs. 3 & 6).
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.
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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.
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/CHARLES A MARMOR II/Supervisory Patent Examiner
Art Unit 3791
/D.J.C./ Examiner, Art Unit 3791