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 Amendment
The amendments to the claims filed 13 February 2026 have been entered. The applicant’s amendments to the claims have overcome each and every objection to the claims and each and every rejection under 35 U.S.C. 112(b) and (d) except where noted below. Claims 1-2, 4, 9-13, 34-37, 39-40, 44, 46, 50, and 53-55, 57-63, and 64-66 are pending; Claim 3, 5-8, 14-33, 38, 41-43, 45, 47-49, 51-52, 56, 64, and 67 are canceled.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4 and 46 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites the limitation “wherein the contact member is stiffer than the connection region” in lines 4-5 of the claim. It is not clear how the connection region could be less stiff than the contact member when the connection region is itself part of the contact member according to claim 1, from which claim 4 depends. The limitation is interpreted as referring to some other part of the contact member which is not the connection region being stiffer than the connection region of the contact member.
Claim 46 recites the limitation “wherein the contact member is stiffer than the connection region” in lines 4-5 of the claim. It is not clear how the connection region could be less stiff than the contact member when the connection region is itself part of the contact member according to claim 36, from which claim 46 depends. The limitation is interpreted as referring to some other part of the contact member which is not the connection region being stiffer than the connection region of the contact member.
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.
Claim(s) 1-2, 9, 12-13, 54-55, 58, and 61-62 is/are rejected under 35 U.S.C. 103 as being anticipated by Sawada (US 20200323438 A1) in view of Disch (US 5438986 A).
Regarding claim 1, Sawada teaches a bioinformation measuring device for monitoring bioinformation from a blood vessel in a finger (Paragraph 0001; Fig. 6A-6B, clip 82 which is used on a finger FG), the bioinformation measuring device comprising:
a first device body having a first inner surface (Upper part 82a of clip 82 which includes an inner surface, Fig. 6A-6B);
a second device body having a second inner surface (The assembly of lower part 82b of clip 82 and sensor assembly 200 which include an inner surface, Fig. 6A-6B),
where the first inner surface faces the second inner surface to define an accommodation space configured for positioning of the finger (Inner space formed between upper part 82a and lower part 82b which allows positioning of a finger FG, Figs. 6A-6B; paragraph 0078-- When measuring the blood flow volume, the finger FG is inserted into the measurement space); and
a sensor assembly comprising a contact member (Protrusion 60, acrylic plate 50, and contact surface Ax2, Figs. 3-4) and a sensor element (VCSEL 20, first/second photodiode 30/40, Figs. 3-4),
wherein the sensor assembly is located in the second device body (Sensor assembly including the contact member and sensor element is located in the assembly of lower part 82b and sensor 200; Figs. 3-4 and 6A-6B; Paragraph 0077-- configuration of the blood flow volume sensor 200 may be the same as those of FIGS. 3 and 4)
wherein the contact member comprises a central region (Protrusion 60, Figs. 3-4), a connection region (Acrylic plate 50, Figs. 3-4), and a contact surface (Contact surface Ax2, Figs. 3-4),
wherein the central region is coupled to the second device body by the connection region (acrylic plate 50, Figs. 3-4; paragraph 0054-- An upper end part of the base 10 fixes both end parts of the acrylic plate 50)
wherein the connection region is configured to elastically deform to a greater degree than the central region to permit the central region to move in a first direction into the second device body and out of the accommodation space when the contact member is engaged by the finger (Paragraph 0077-- configuration of the blood flow volume sensor 200 may be the same as those of FIGS. 3 and 4; the protrusion 60 is coupled to the second device body via acrylic plate 50 which elastically deforms to move in and out of the second device body and accommodation space, shown by movement of acrylic plate 50 indicated by the dashed line, Figs. 3-4; paragraph 0060, 0095-0096-- the processor 310 computes the contact pressure against the protrusion 60 caused by the finger FG based upon the deflection amount and the inclination of the acrylic plate 50);
wherein the bioinformation measuring device has a first configuration and a second configuration (See Fig. 3, a first configuration shown by the dashed line when the finger is not in contact with the contact surface Ax2 and a second configuration shown by the elastically deformed plate 50 when a finger is in contact with the contact surface Ax2),
wherein more of the central region (60) in the second device body (the assembly of lower part 82b of clip 82 and sensor assembly 200) when the bioinformation measuring device is in the second configuration than when the bioinformation measuring device is in the first configuration (See Fig. 3, when the finger is in contact with the contact surface the central region is pressed downward (deflection shown by displacement of plate 50 from the dashed line) such that more of the central region is in the second device body in this configuration);
and a spring element (Spring 84, Fig. 6A) coupled to the first device body and the second device body at an end of the first device body and the second device body that is opposite to the accommodation space (Spring 84 positioned opposite the open space formed by first device body 82a and second device body 82b, Fig. 6A),
wherein a pin (Screw 86, fig. 6A) extends through a first slot in the first device body and a second slot in the second device body such that the spring element biases the first device body to an open position from a closed position (Paragraph 0079--The leaf spring 84 urges the clip upper part 82a and the clip lower part 82b in a direction separating from each other. An urging force of the leaf spring 84 is adjusted by a screwed state of the screw 86. The screw 86 screws the leaf spring 84 into the clip 82…the clip 82 includes upper part 82a and lower part 82b).
However, Sawada fails to particularly disclose wherein the pin is undersized relative to the first slot and the second slot such that the first device body and the second device body can displace in an opposite direction when biased in the closed position.
Disch, in the same field of endeavor of a finger clip sensor (Abstract), discloses wherein a pin is undersized relative to a slot such that the first device body and the second device body can displace in an opposite direction when biased in the closed position (Col. 5, line 10-24--The upper housing member 18 includes, at each side, a downwardly projecting tab 60 having an elongated slot 62 (FIG. 2) formed therein. The pin 58 of the lower housing member 20 is received within the slot 62 of the upper housing member 18 and generally provides for pivoting movement between the housing members 18, 20. Ordinarily, and as seen in FIG. 5, the bias of the torsion spring 26 pulls the pin 58 toward the upper end of the slot 62 thereby minimizing the distance between the upper and lower housing members 18, 20. When the sensor 10 is in place on the finger 16, the pin 58 can move toward the lower end of the slot 62 as needed to maintain the desired orientation of the sensor 10 on the finger 16; Fig. 5). While Disch discloses a pin which is integral with a second device body, it would have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Sawada, which includes a separate pin and device bodies, to modify the apertures of the first and second bodies of Sawada to utilize a slot shape as disclosed by Disch in order to predictably allow for the finger clip system to maintain a desired sensor orientation while fitting a variety of finger sizes as disclosed by Disch.
Regarding claim 2, the combination of Sawada and Disch teaches the bioinformation measuring device of claim 1. Sawada additionally teaches wherein the contact member has a bottom surface (contact member comprises a central region Protrusion 60, a connection region Acrylic plate 50, and a contact surface Ax2, Figs. 3-4), adjacent to the connection region such that a remainder of the contact member extends into the accommodation space (the bottom surface of the central region 60 of the contact member is coupled to the connection region 50 such that a remainder of the contact member extends into the accommodation space shown by the dashed line, Figs. 3-4), and wherein the contact member is elastic and can deform along the first direction (Acrylic plate 50, which is part of the contact member according to claim 1, is elastic and can deform along the first direction per Fig. 3 as shown by the displacement of the plate 50 relative to the dashed line; Paragraph 0063-- The protrusion 60 is formed, for example, by an acrylic material. In this case, the material thereof is the same as the acrylic plate 50). Because the central region of the contact member and the acrylic plate of the contact member may be formed of the same material, the central region may additionally be similarly elastic and capable of deforming along the first direction by some amount.
Regarding claim 9, Sawada teaches a bioinformation measuring device for monitoring bioinformation from a blood vessel in a finger (Paragraph 0001; Fig. 6A-6B, clip 82 which is used on a finger FG), the bioinformation measuring device comprising:
a first device body having a first inner surface (Upper part 82a of clip 82 which includes an inner surface, Fig. 6A-6B);
a second device body having a second inner surface (Lower part 82b of clip 82 which includes an inner surface, Fig. 6A-6B),
where the first inner surface faces the second inner surface to define an accommodation space configured for positioning of the finger (Inner space formed between upper part 82a and lower part 82b which allows positioning of a finger FG, Figs. 6A-6B; paragraph 0078-- When measuring the blood flow volume, the finger FG is inserted into the measurement space); and
a sensor assembly comprising a contact member (Protrusion 60, acrylic plate 50, and contact surface Ax2, Figs. 3-4) and a sensor element (VCSEL 20, first/second photodiode 30/40, strain gauge 42, Figs. 3-4),
wherein the sensor assembly is located in the second device body (Sensor assembly including the contact member and sensor element is located in the assembly of lower part 82b and sensor 200; Figs. 3-4 and 6A-6B; Paragraph 0077-- configuration of the blood flow volume sensor 200 may be the same as those of FIGS. 3 and 4)
wherein the contact member comprises a central region (Protrusion 60, Figs. 3-4), a connection region (Acrylic plate 50, Figs. 3-4), and a contact surface (Contact surface Ax2, Figs. 3-4),
wherein the central region is coupled to the second device body by the connection region (acrylic plate 50, Figs. 3-4; paragraph 0054-- An upper end part of the base 10 fixes both end parts of the acrylic plate 50)
wherein the connection region is configured to elastically deform to a greater degree than the central region to permit the central region to move in a first direction into the second device body and out of the accommodation space when the contact member is engaged by the finger (Paragraph 0077-- configuration of the blood flow volume sensor 200 may be the same as those of FIGS. 3 and 4; the protrusion 60 is coupled to the second device body via acrylic plate 50 which elastically deforms to move in and out of the second device body and accommodation space, shown by movement of acrylic plate 50 indicated by the dashed line, Figs. 3-4; paragraph 0060, 0095-0096-- the processor 310 computes the contact pressure against the protrusion 60 caused by the finger FG based upon the deflection amount and the inclination of the acrylic plate 50);
wherein the bioinformation measuring device has a first configuration and a second configuration (See Fig. 3, a first configuration shown by the dashed line when the finger is not in contact with the contact surface Ax2 and a second configuration shown by the elastically deformed plate 50 when a finger is in contact with the contact surface Ax2),
wherein more of the connection region (50) is in the second device body (the assembly of lower part 82b of clip 82 and sensor assembly 200) when the bioinformation measuring device is in the second configuration than when the bioinformation measuring device is in the first configuration (See Fig. 3, when the finger is in contact with the contact surface the central region is pressed downward (deflection shown by displacement of plate 50 from the dashed line) such that more of the connection region is in the second device body in this configuration);
and a spring element (Spring 84, Fig. 6A) coupled to the first device body and the second device body at an end of the first device body and the second device body that is opposite to the accommodation space (Spring 84 positioned opposite the open space formed by first device body 82a and second device body 82b, Fig. 6A),
wherein a pin (Screw 86, fig. 6A) extends through a first slot in the first device body and a second slot in the second device body such that the spring element biases the first device body to an open position from a closed position (Paragraph 0079--The leaf spring 84 urges the clip upper part 82a and the clip lower part 82b in a direction separating from each other. An urging force of the leaf spring 84 is adjusted by a screwed state of the screw 86. The screw 86 screws the leaf spring 84 into the clip 82…the clip 82 includes upper part 82a and lower part 82b).
However, Sawada fails to particularly disclose the first and the second slot jointly form a limit slot such that the first slot and the second slot are oversized relative to the pin such that the first device body and the second device body can displace in an opposite direction when biased in the closed position.
Disch, in the same field of endeavor of a finger clip sensor (Abstract), discloses wherein a pin is undersized relative to a slot such that the first device body and the second device body can displace in an opposite direction when biased in the closed position (Col. 5, line 10-24--The upper housing member 18 includes, at each side, a downwardly projecting tab 60 having an elongated slot 62 (FIG. 2) formed therein. The pin 58 of the lower housing member 20 is received within the slot 62 of the upper housing member 18 and generally provides for pivoting movement between the housing members 18, 20. Ordinarily, and as seen in FIG. 5, the bias of the torsion spring 26 pulls the pin 58 toward the upper end of the slot 62 thereby minimizing the distance between the upper and lower housing members 18, 20. When the sensor 10 is in place on the finger 16, the pin 58 can move toward the lower end of the slot 62 as needed to maintain the desired orientation of the sensor 10 on the finger 16; Fig. 5). While Disch discloses a pin which is integral with a second device body, it would have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Sawada, which includes a separate pin and device bodies, to modify the apertures of the first and second bodies of Sawada to utilize an elongated slot shape as disclosed by Disch, such that the first slot and the second slot jointly form a limit slot such that the first slot and the second slot are oversized relative to the pin, in order to predictably allow for the finger clip system to maintain a desired sensor orientation while fitting a variety of finger sizes as disclosed by Disch.
Regarding claim 12, the combination of Sawada and Disch teaches the bioinformation measuring device of claim 1. Sawada additionally teaches wherein the sensor element comprises an electro-mechanical transducer (strain gauge 42, Fig. 4), and
wherein the contact member (Protrusion 60, Acrylic plate 50, Contact surface Ax2, Figs. 3-4) is moveably coupled to the electro-mechanical transducer such that when the finger is positioned against the contact surface movement of the contact member caused by pressure changes in the blood vessel causes the contact member to move against the electro-mechanical transducer to produce a signal for determining bioinformation (Paragraph 0067, 0087--the deflection amount of the acrylic plate 50 and the inclination thereof, and the contact pressure against the protrusion 60 and the load distribution thereto are derived based upon a measured value (a change in the electrical resistance) by the strain gauge 42; Paragraph 0096-0097-- when the blood flow volume sensor 200 is provided with the strain gauge 42, the processor 310 computes the deflection amount and the inclination of the acrylic plate 50 based upon the detection information of the strain gauge 42. Further, the processor 310 calculates the contact pressure caused by the finger FG against the protrusion 60 based on the amount of deflection and inclination of the acrylic plate 50, thereby estimating the load distribution on the protrusion 60…The processor 310 calculates (measures) the contact pressure against the protrusion 60 (i.e., the contact pressure against the acrylic plate 50), and detects that the contact pressure against the protrusion 60 is a preset contact pressure (e.g., 80 mmHg), after which the computation of blood flow may be started).
Regarding claim 13, the combination of Sawada and Disch teaches the bioinformation measuring device of claim 1. Sawada additionally teaches wherein the sensor assembly further comprises an illumination source configured to transmit illumination to the accommodation space (VCSEL 20 emits light L1 into the accommodation space, Figs. 3-4; paragraph 0055),
wherein the sensor element comprises a light sensor (Photodiode 30, 40 receives reflected light L2, Figs. 3-4; paragraph 0057-0059--The scattered light L2 which is reflected or scattered by the finger FG from the emitted light L1 is received in the first photo diode 30…The first photodiode 30 receives the scattered light L2 from the finger FG.), and
where the contact member (Protrusion 60, Acrylic plate 50, Contact surface Ax2, Figs. 3-4) is configured to transmit illumination reflected by the finger in the accommodation space (Paragraph 0062-0063--The protrusion 60 has translucency with respect to the wavelengths of the emitted light L1 and the scattered light L2. That is, the protrusion 60 is disposed between the VCSEL 20 and the finger FG, and between the first photodiode 30 and the finger FG, thereby allowing the emitted light L1 and the scattered light L2 to pass through the protrusion 60) to the light sensor to produce a signal for determining bioinformation (Paragraph 0054-0059--The first photodiode 30 is a photodiode for a blood flow volume sensor (for measuring a blood flow volume). The first photodiode 30 receives the scattered light L2 from the finger FG…The second photodiode 40 is a photodiode for detecting displacement. The second photodiode 40 receives the reflected light L3; Figs. 3-4).
Regarding claim 54, the combination of Sawada and Disch teaches the bioinformation measuring device of claim 1. Sawada additionally teaches wherein when the bioinformation measuring device is in the first configuration, the contact member is not engaged by the finger, and wherein the bioinformation measuring device is in the second configuration, the contact member is engaged by the finger (See Fig. 3, a first configuration shown by the dashed line when the finger is not in contact with the contact surface Ax2 and a second configuration shown by the elastically deformed plate 50 when a finger is in contact with the contact surface Ax2).
Regarding claim 55, the combination of Sawada and Disch teaches the bioinformation measuring device of claim 1. Sawada additionally teaches wherein when the bioinformation measuring device is in the first configuration, the sensor element is completely inside the second device body, and wherein when the bioinformation measuring device is in the second configuration, the sensor element is completely inside the second device body (See Figs. 3-4, the sensor element VCSEL 20, first/second photodiode 30/40 is completely inside the device body (the assembly of 84b and 200) as shown by its presence within the space 10a regardless of the position of the acrylic plate 50 shown by the displacement from the dashed line).
Regarding claim 58, the combination of Sawada and Disch teaches the bioinformation measuring device of claim 1. Disch discloses wherein a pin is undersized relative to a slot such that the first device body and the second device body can displace in an opposite direction when biased in the closed position (Col. 5, line 10-24--The upper housing member 18 includes, at each side, a downwardly projecting tab 60 having an elongated slot 62 (FIG. 2) formed therein. The pin 58 of the lower housing member 20 is received within the slot 62 of the upper housing member 18 and generally provides for pivoting movement between the housing members 18, 20. Ordinarily, and as seen in FIG. 5, the bias of the torsion spring 26 pulls the pin 58 toward the upper end of the slot 62 thereby minimizing the distance between the upper and lower housing members 18, 20. When the sensor 10 is in place on the finger 16, the pin 58 can move toward the lower end of the slot 62 as needed to maintain the desired orientation of the sensor 10 on the finger 16; Fig. 5). As a result, when the pin shifts in the slot (as shown in Fig. 5—the pin is in the first configuration where it rests at the top of the slot, and will shift to the bottom of the slot in the second configuration) when the pin is in the second configuration it will be closer to some part of the spring element than when the bioinformation measuring device is in the first configuration (See Fig. 2—when the pin has shifted to the bottom of the slot, it will be positioned closer to the bottom portion of the spring element 26). While Disch discloses a pin which is integral with a second device body, it would have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Sawada, which includes a separate pin and device bodies, to modify the apertures of the first and second bodies of Sawada to utilize an elongated slot shape as disclosed by Disch, such that the first slot and the second slot jointly form a limit slot such that the first slot and the second slot are oversized relative to the pin, in order to predictably allow for the finger clip system to maintain a desired sensor orientation while fitting a variety of finger sizes as disclosed by Disch.
Regarding claim 61, the combination of Sawada and Disch teaches the bioinformation measuring device of claim 1. Disch discloses a device having a spring element which comprises a coil having an opening (Torsion spring 26, Fig. 2), wherein the pin is in the opening when the bioinformation measuring device is in the first configuration (See pin positioned in the middle of the torsion spring 26 coil, Fig. 2), wherein the pin is in the opening when the bioinformation measuring device is in the second configuration (See Fig. 2, and also Fig. 5 which demonstrates that the pin may move within the slot as the device shifts from a first configuration to a second configuration), wherein a pin is undersized relative to a slot such that the first device body and the second device body can displace in an opposite direction when biased in the closed position (Col. 5, line 10-24--The upper housing member 18 includes, at each side, a downwardly projecting tab 60 having an elongated slot 62 (FIG. 2) formed therein. The pin 58 of the lower housing member 20 is received within the slot 62 of the upper housing member 18 and generally provides for pivoting movement between the housing members 18, 20. Ordinarily, and as seen in FIG. 5, the bias of the torsion spring 26 pulls the pin 58 toward the upper end of the slot 62 thereby minimizing the distance between the upper and lower housing members 18, 20. When the sensor 10 is in place on the finger 16, the pin 58 can move toward the lower end of the slot 62 as needed to maintain the desired orientation of the sensor 10 on the finger 16; Fig. 5). As a result, it may be seen that Disch discloses that the pin is in a different location in the opening when the bioinformation measuring device is in the second configuration than when the bioinformation measuring device is in the first configuration (as shown in Fig. 5—the pin is in the first configuration where it rests at the top of the slot, and will shift to the bottom of the slot in the second configuration; per Fig. 2, this would position the pin lower in the opening in the spring). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Sawada, which includes a separate pin and device bodies and a spring, to modify the device of Sawada to utilize an elongated slot shape and coil spring as disclosed by Disch, such that the first slot and the second slot jointly form a limit slot such that the first slot and the second slot are oversized relative to the pin and the pin extends through an opening in the coil spring, in order to predictably allow for the finger clip system to maintain a desired sensor orientation while automatically adjusting (e.g., without adjustment of a screw) to fitting a variety of finger sizes as disclosed by Disch.
Regarding claim 62, the combination of Sawada and Disch teaches the bioinformation measuring device of claim 1. Disch discloses a device having a spring element which comprises a coil having an opening (Torsion spring 26, Fig. 2), wherein the pin extends through the opening when the bioinformation measuring device is in the first configuration (See pin positioned in the middle of the torsion spring 26 coil, Fig. 2), wherein the pin extends through the opening when the bioinformation measuring device is in the second configuration (See Fig. 2, and also Fig. 5 which demonstrates that the pin may move within the slot as the device shifts from a first configuration to a second configuration), wherein a pin is undersized relative to a slot such that the first device body and the second device body can displace in an opposite direction when biased in the closed position (Col. 5, line 10-24--The upper housing member 18 includes, at each side, a downwardly projecting tab 60 having an elongated slot 62 (FIG. 2) formed therein. The pin 58 of the lower housing member 20 is received within the slot 62 of the upper housing member 18 and generally provides for pivoting movement between the housing members 18, 20. Ordinarily, and as seen in FIG. 5, the bias of the torsion spring 26 pulls the pin 58 toward the upper end of the slot 62 thereby minimizing the distance between the upper and lower housing members 18, 20. When the sensor 10 is in place on the finger 16, the pin 58 can move toward the lower end of the slot 62 as needed to maintain the desired orientation of the sensor 10 on the finger 16; Fig. 5). As a result, it may be seen that Disch discloses that the pin is closer to an edge of the opening when the bioinformation measuring device is in the second configuration than when the bioinformation measuring device is in the first configuration (as shown in Fig. 5—the pin is in the first configuration where it rests at the top of the slot, and will shift to the bottom of the slot in the second configuration; per Fig. 2, this would position the pin lower in the opening in the spring). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Sawada, which includes a separate pin and device bodies and a spring, to modify the device of Sawada to utilize an elongated slot shape and coil spring as disclosed by Disch, such that the first slot and the second slot jointly form a limit slot such that the first slot and the second slot are oversized relative to the pin and the pin extends through an opening in the coil spring, in order to predictably allow for the finger clip system to maintain a desired sensor orientation while automatically adjusting (e.g., without adjustment of a screw) to fitting a variety of finger sizes as disclosed by Disch.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sawada in view of Schmidt (US 5413099A).
Regarding claim 4, the combination of Sawada and Disch teaches the bioinformation measuring device of claim 1. Sawada additionally teaches the second inner surface comprises an opening (an opening 10a in the base 10 of the assembly of sensor 200 and lower part 82b, Figs. 3-4 and 6a-6b), and wherein the connection region (50) is connected to the second inner surface and surrounds the central region to suspend the contact member in the opening (Connection region 50 connects to the second inner surface shown by base 10 and surrounds the central region 60 to suspend the central region in the opening, Figs. 3-4; paragraph 0054). Sawada additionally teaches wherein the central region (60) of the contact member is stiffer than the connection region (50) of the contact member (the protrusion 60 is coupled to the second device body (the assembly of lower part 82b and sensor 200 which includes base 10) via acrylic plate 50 which visibly elastically deforms to move in and out of the second device body and accommodation space, shown by movement of acrylic plate 50 indicated by the dashed line such that the connection region is less stiff than the central region 60 which does not visibly deform, Figs. 3-4; paragraph 0060, 0095-0096-- the processor 310 computes the contact pressure against the protrusion 60 caused by the finger FG based upon the deflection amount and the inclination of the acrylic plate 50).
However, Sawada fails to particularly disclose wherein the first device body comprises an observation section that allows visualization of the accommodation space and the contact surface through the first device body, and wherein the observation section comprises a transparent or translucent material.
Schmidt, in the same field of endeavor of a finger clip sensor (Fig. 13; col. 2, line 30-41) teaches wherein the first device body comprises an observation section that allows visualization of the accommodation space and the contact surface through the first device body (Col. 4, line 26-32 and 47-50-- A preferred material for manufacturing the flexible carrier body, or the lower and/or upper portions thereof, is transparent plastic material which allows electromagnetic waves in or near the visible spectrum to pass. It has been found that transparent silicone particularly fits those needs; completely assembled flexible carrier 26, Fig. 13 which has an upper portion positioned of the body on the top of the finger). Schmidt additionally teaches wherein the observation section comprises a transparent or translucent material (Col. 4, line 26-32 and 47-50-- A preferred material for manufacturing the flexible carrier body, or the lower and/or upper portions thereof, is transparent plastic material which allows electromagnetic waves in or near the visible spectrum to pass. It has been found that transparent silicone particularly fits those needs).
It would have been obvious to one having ordinary skill in the art to modify the device of Sawada to provide an area of transparency as disclosed by Schmidt in order to predictably improve the accuracy of measurements performed by the system by allowing a user to observe the finger inside the device body for correct placement.
Claim(s) 10 and 34-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sawada in view of Disch, further in view of Sakakine (US 20060195125 A1).
Regarding claim 10, the combination of Sawada and Disch teaches the bioinformation measuring device of claim 1. Sawada additionally teaches further comprising a first limit surface coupled to the first device body and a second limit surface coupled to the first device body (first and second threaded portions of screw 86, which couple with first device body 82a).
However, Sawada fails to explicitly disclose wherein when the second device body is in a closed position, the first limit surface engages the second device body to prevent further closure of the first device body relative to the second device body, wherein when the second device body is in the closed position, a gap is between the second limit surface and the second device body, wherein when the second device body is in an open position, the second limit surface engages the second device body to prevent further opening of the first device body relative to the second device body, and wherein when the second device body is in the open position, a gap is between the first limit surface and the second device body.
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Sakakine, Figs. 1-3 above, includes a rearward limiting surface A and a forward limiting surface B as indicated above. Actuation of the clamp between open and closed positions forms gaps a and b, indicated above, between the respective limiting surface and the lower device body.
Sakakine, in analogous art of a clip assembly, discloses a first limit surface coupled to the first device body and a second limit surface coupled to the first device body (Fig. 1-2, stop portions on either side of the pin of hinge area 140; Fig. 3, stop portions on either side of the spring 140; Fig. 11, stops on either side of spring 230; paragraph 0030-- The hinge areas 140, 142 may include stops to limit the opening of the jaws 112, 122; paragraph 0036-- The hinge areas 240, 242 may include stops that limit the opening of the jaws 212, 222),
wherein when the second device body is in a closed position, the first limit surface engages the second device body to prevent further closure of the first device body relative to the second device body (Figs. 1-3 and 11—when the second device body (e.g., lower body) is in a closed position, the forward limit surface and the second device body are engaged, preventing further closure),
wherein when the second device body is in the closed position, a gap is between the second limit surface and the second device body (Figs. 1-3 and 11—when the second device body (e.g., lower body) is in a closed position, there is a gap between the rearward limit surface and the second device body),
wherein when the second device body is in an open position, the second limit surface engages the second device body to prevent further opening of the first device body relative to the second device body (paragraph 0030-- The hinge areas 140, 142 may include stops to limit the opening of the jaws 112, 122; paragraph 0036-- The hinge areas 240, 242 may include stops that limit the opening of the jaws 212, 222), and
wherein when the second device body is in the open position, a gap is between the first limit surface and the second device body (Figs. 1-3 and 11—when the second device body (e.g., lower body) is in an open position, there is a gap between the forward limit surface and the second device body).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Sawada, including a limit element to prevent the device from being opened or closed past certain limits, via a simple substitution for the limiting surfaces of Sakakine which perform the same functions.
Regarding claim 34, the combination of Sawada and Disch teaches the bioinformation measuring device of claim 1. Sawada additionally teaches further comprising a first limit surface coupled to the first device body and a second limit surface coupled to the first device body (first and second threaded portions of screw 86, which couple with first device body 82a).
However, Sawada fails to explicitly disclose wherein when the second device body is in a closed position, the first limit surface engages the second device body to prevent further closure of the first device body relative to the second device body, wherein when the second device body is in the closed position, a gap is between the second limit surface and the second device body, wherein when the second device body is in an open position, the second limit surface engages the second device body to prevent further opening of the first device body relative to the second device body, and wherein when the second device body is in the open position, a gap is between the first limit surface and the second device body.
Sakakine, in analogous art of a clip assembly, discloses a first limit surface coupled to the first device body and a second limit surface coupled to the first device body (Fig. 1-2, stop portions on either side of the pin of hinge area 140; Fig. 3, stop portions on either side of the spring 140; Fig. 11, stops on either side of spring 230; paragraph 0030-- The hinge areas 140, 142 may include stops to limit the opening of the jaws 112, 122; paragraph 0036-- The hinge areas 240, 242 may include stops that limit the opening of the jaws 212, 222),
wherein when the second device body is in a closed position, the first limit surface engages the second device body to prevent further closure of the first device body relative to the second device body (Figs. 1-3 and 11—when the second device body (e.g., lower body) is in a closed position, the forward limit surface and the second device body are engaged, preventing further closure),
wherein when the second device body is in the closed position, a gap is between the second limit surface and the second device body (Figs. 1-3 and 11—when the second device body (e.g., lower body) is in a closed position, there is a gap between the rearward limit surface and the second device body),
wherein when the second device body is in an open position, the second limit surface engages the second device body to prevent further opening of the first device body relative to the second device body (paragraph 0030-- The hinge areas 140, 142 may include stops to limit the opening of the jaws 112, 122; paragraph 0036-- The hinge areas 240, 242 may include stops that limit the opening of the jaws 212, 222), and
wherein when the second device body is in the open position, a gap is between the first limit surface and the second device body (Figs. 1-3 and 11—when the second device body (e.g., lower body) is in an open position, there is a gap between the forward limit surface and the second device body).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Sawada, including a limit element to prevent the device from being opened or closed past certain limits, via a simple substitution for the limiting surfaces of Sakakine which perform the same functions.
Regarding claim 35, the combination of Sawada and Disch teaches the bioinformation measuring device of claim 9. Sawada additionally teaches further comprising a first limit surface coupled to the first device body and a second limit surface coupled to the first device body (first and second threaded portions of screw 86, which couple with first device body 82a).
However, Sawada fails to explicitly disclose wherein when the second device body is in a closed position, the first limit surface engages the second device body to prevent further closure of the first device body relative to the second device body, wherein when the second device body is in the closed position, a gap is between the second limit surface and the second device body, wherein when the second device body is in an open position, the second limit surface engages the second device body to prevent further opening of the first device body relative to the second device body, and wherein when the second device body is in the open position, a gap is between the first limit surface and the second device body.
Sakakine, in analogous art of a clip assembly, discloses a first limit surface coupled to the first device body and a second limit surface coupled to the first device body (Fig. 1-2, stop portions on either side of the pin of hinge area 140; Fig. 3, stop portions on either side of the spring 140; Fig. 11, stops on either side of spring 230; paragraph 0030-- The hinge areas 140, 142 may include stops to limit the opening of the jaws 112, 122; paragraph 0036-- The hinge areas 240, 242 may include stops that limit the opening of the jaws 212, 222),
wherein when the second device body is in a closed position, the first limit surface engages the second device body to prevent further closure of the first device body relative to the second device body (Figs. 1-3 and 11—when the second device body (e.g., lower body) is in a closed position, the forward limit surface and the second device body are engaged, preventing further closure),
wherein when the second device body is in the closed position, a gap is between the second limit surface and the second device body (Figs. 1-3 and 11—when the second device body (e.g., lower body) is in a closed position, there is a gap between the rearward limit surface and the second device body),
wherein when the second device body is in an open position, the second limit surface engages the second device body to prevent further opening of the first device body relative to the second device body (paragraph 0030-- The hinge areas 140, 142 may include stops to limit the opening of the jaws 112, 122; paragraph 0036-- The hinge areas 240, 242 may include stops that limit the opening of the jaws 212, 222), and
wherein when the second device body is in the open position, a gap is between the first limit surface and the second device body (Figs. 1-3 and 11—when the second device body (e.g., lower body) is in an open position, there is a gap between the forward limit surface and the second device body).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Sawada, including a limit element to prevent the device from being opened or closed past certain limits, via a simple substitution for the limiting surfaces of Sakakine which perform the same functions.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sawada in view of Disch, further in view of Sakakine, further in view of Larson (US20020156354A1).
Regarding claim 11, the combination of Sawada, Disch, and Sakakine teaches the bioinformation measuring device of claim 10. However, the combination fails to particularly disclose wherein the first limit surface and the second limit surface are located on a limit rim disposed between the first device body and the second device body.
Larson, in the same field of endeavor of a finger-worn pulse oximetry sensor including a first device body (top member 10), a second device body (bottom member 30), an accommodation space formed between a first inner surface and a second inner surface (space between the two corresponding pad assemblies 50), discloses a first limit surface coupled to the first device body and a second limit surface coupled to the first device body, wherein the first limit surface engages the second device body in the closed position to prevent further closure of the first device body relative to the second device body in the closed position and wherein the second limit surface engages the second device body in the open position to prevent further opening of the first device body relative to the second device body in the open position (wings 88 and 90 which are upper and lower extended portions of resilient spring member 80 which extend toward the pressing rearward ends 14, 34 of the first and second device body, respectively and prevent further rotation; Paragraph 0040-0043)
wherein the first limit surface and the second limit surface are located on a limit rim (resilient spring member 80, which comprises a rim shape to allow the pin 110 to pass therethrough and which may comprise different portions, such that a portion may constitute a limiting ring; paragraph 0039-0041; Figs. 1-2 and 6A-6B) which is disposed between the first device body and the second device body (see Figs. 1-2; paragraphs 0035-0041--Near the rear end of the sensor, the top member 10 and bottom member 30 are interconnected by a cylindrical hinge pin 110 which passes through the opening 82 in the resilient spring member 80… By pressing the rear ends 14, 34 of the top and bottom members 10, 30 together, the sensor opens. This deforms the spring member 80 and separates the front ends 16, 36 of the top and bottom members 10, 30. This separation allows a patient's fingers to be inserted to be positioned between the cushion assemblies 50. Once the force applied to the top member 10 and bottom member 30 is released, the hinge member 80 will close the front ends 16, 36, thereby securing the sensor on the inserted appendage).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the device of the combination including Sakakine, which discloses limiting surfaces positioned on either side of a pin and spring assembly, with the particular ring-shape of Larson, in order to provide the surfaces as disclosed by Sakakine on a ring rather than integrally with the hinge to additionally allow for modifying the limiting of the angles of opening and closing of the device rather than the limitations being permanently set.
Claim(s) 36-37, 39-40, and 44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sawada in view of Sakakine (US 20060195125 A1).
Regarding claim 36, Sawada teaches a bioinformation measuring device for monitoring bioinformation from a blood vessel in a finger (Paragraph 0001; Fig. 6A-6B, clip 82 which is used on a finger FG), the bioinformation measuring device comprising:
a first device body having a first inner surface (Upper part 82a of clip 82 which includes an inner surface, Fig. 6A-6B);
a second device body having a second inner surface (Lower part 82b of clip 82 which includes an inner surface, Fig. 6A-6B),
where the first inner surface faces the second inner surface to define an accommodation space configured for positioning of the finger (Inner space formed between upper part 82a and lower part 82b which allows positioning of a finger FG, Figs. 6A-6B; paragraph 0078-- When measuring the blood flow volume, the finger FG is inserted into the measurement space); and
a sensor assembly comprising a contact member (Protrusion 60, acrylic plate 50, and contact surface Ax2, Figs. 3-4) and a sensor element (VCSEL 20, first/second photodiode 30/40, strain gauge 42, Figs. 3-4),
wherein the sensor assembly is located in the second device body (Sensor assembly including the contact member and sensor element is located in the assembly of lower part 82b and sensor 200; Figs. 3-4 and 6A-6B; Paragraph 0077-- configuration of the blood flow volume sensor 200 may be the same as those of FIGS. 3 and 4)
wherein the contact member comprises a central region (Protrusion 60, Figs. 3-4), a connection region (Acrylic plate 50, Figs. 3-4), and a contact surface (Contact surface Ax2, Figs. 3-4),
wherein the central region is coupled to the second device body by the connection region (acrylic plate 50, Figs. 3-4; paragraph 0054-- An upper end part of the base 10 fixes both end parts of the acrylic plate 50)
wherein the connection region is configured to elastically deform to a greater degree than the central region to permit the central region to move in a first direction into the second device body and out of the accommodation space when the contact member is engaged by the finger (Paragraph 0077-- configuration of the blood flow volume sensor 200 may be the same as those of FIGS. 3 and 4; the protrusion 60 is coupled to the second device body via acrylic plate 50 which elastically deforms to move in and out of the second device body and accommodation space, shown by movement of acrylic plate 50 indicated by the dashed line, Figs. 3-4; paragraph 0060, 0095-0096-- the processor 310 computes the contact pressure against the protrusion 60 caused by the finger FG based upon the deflection amount and the inclination of the acrylic plate 50);
wherein the bioinformation measuring device has a first configuration and a second configuration (See Fig. 3, a first configuration shown by the dashed line when the finger is not in contact with the contact surface Ax2 and a second configuration shown by the elastically deformed plate 50 when a finger is in contact with the contact surface Ax2),
wherein more of the central region (60) and a surface of the connection region (50) are in the second device body (the assembly of lower part 82b of clip 82 and sensor assembly 200) when the bioinformation measuring device is in the second configuration than when the bioinformation measuring device is in the first configuration (See Fig. 3, when the finger is in contact with the contact surface the central region is pressed downward (deflection shown by displacement of plate 50 from the dashed line) such that more of the central region and a surface of the connection region are in the second device body in this configuration).
However, Sawada fails to explicitly disclose wherein when the second device body is in a closed position, the first limit surface engages the second device body to prevent further closure of the first device body relative to the second device body, wherein when the second device body is in the closed position, a gap is between the second limit surface and the second device body, wherein when the second device body is in an open position, the second limit surface engages the second device body to prevent further opening of the first device body relative to the second device body, and wherein when the second device body is in the open position, a gap is between the first limit surface and the second device body.
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Sakakine, Figs. 1-3 above, includes a rearward limiting surface A, corresponding to a second limiting surface, and a forward limiting surface B, corresponding to a first limiting surface, as indicated above. Actuation of the clamp between open and closed positions forms gaps a and b, indicated above, between the respective limiting surface and the lower device body.
Sakakine, in analogous art of a clip assembly, discloses a first limit surface coupled to the first device body and a second limit surface coupled to the first device body (Fig. 1-2, stop portions on either side of the pin of hinge area 140; Fig. 3, stop portions on either side of the spring 140; Fig. 11, stops on either side of spring 230; paragraph 0030-- The hinge areas 140, 142 may include stops to limit the opening of the jaws 112, 122; paragraph 0036-- The hinge areas 240, 242 may include stops that limit the opening of the jaws 212, 222),
wherein when the second device body is in a closed position, the first limit surface engages the second device body to prevent further closure of the first device body relative to the second device body (Figs. 1-3 and 11—when the second device body (e.g., lower body) is in a closed position, the forward limit surface and the second device body are engaged, preventing further closure),
wherein when the second device body is in the closed position, a gap is between the second limit surface and the second device body (Figs. 1-3 and 11—when the second device body (e.g., lower body) is in a closed position, there is a gap between the rearward limit surface and the second device body),
wherein when the second device body is in an open position, the second limit surface engages the second device body to prevent further opening of the first device body relative to the second device body (Figs. 1-3 and 11—when the second device body (e.g., lower body) is in an open position, the rearward limit surface and the second device body meet to prevent further opening; paragraph 0030-- The hinge areas 140, 142 may include stops to limit the opening of the jaws 112, 122; paragraph 0036-- The hinge areas 240, 242 may include stops that limit the opening of the jaws 212, 222), and
wherein when the second device body is in the open position, a gap is between the first limit surface and the second device body (Figs. 1-3 and 11—when the second device body (e.g., lower body) is in an open position, there is a gap between the forward limit surface and the second device body).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Sawada, including a limit element to prevent the device from being opened or closed past certain limits, via a simple substitution for the limiting surfaces of Sakakine which perform the same functions.
Regarding claim 37, the combination of Sawada and Sakakine teach the bioinformation measuring device of claim 36. Sawada fails to disclose wherein the gap between the second limit surface and the second device body is less when the second device body is in a position between the open position and the closed position than when the second device body is in the closed position and wherein the gap between the first limit surface and the second device body is less when the second device body is in the position between the open position and the closed position than when the second device body is in the open position.
Sakakine additionally discloses wherein the gap between the second limit surface and the second device body is less when the second device body is in a position between the open position and the closed position than when the second device body is in the closed position (Figs. 1-3 and 11—the gap “a” is less when in a partially open position than in a closed position) and wherein the gap between the first limit surface and the second device body is less when the second device body is in the position between the open position and the closed position than when the second device body is in the open position (Figs. 1-3 and 11—the gap “b” is less when in a partially open position than in a fully open position). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Sawada, including a limit element to prevent the device from being opened or closed past certain limits, via a simple substitution for the limiting surfaces of Sakakine which perform the same functions.
Regarding claim 39, the combination of Sawada and Sakakine teach the bioinformation measuring device of claim 36. However, Sawada fails to explicitly disclose wherein the gap between the first limit surface and the second device body is less when the second device body is in a position between the open position and the closed position than when the second device body is in the open position.
Sakakine additionally discloses wherein the gap between the first limit surface and the second device body is less when the second device body is in a position between the open position and the closed position than when the second device body is in the open position (Figs. 1-3 and 11—the gap “b” is less when in a partially open position than in a fully open position). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Sawada, including a limit element to prevent the device from being opened or closed past certain limits, via a simple substitution for the limiting surfaces of Sakakine which perform the same functions.
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Sawada, including a limit element to prevent the device from being opened or closed past certain limits, via a simple substitution for the limiting surfaces of Sakakine which perform the same functions.
Regarding claim 40, the combination of Sawada and Sakakine teach the bioinformation measuring device of claim 36. Sawada teaches that the sensor assembly extends into the accommodation space. However, Sawada fails to explicitly disclose wherein the second limit surface is farther from the second device body when the second device body is in the closed position than when the second device body is in the open position and wherein the first limit surface is farther from the second device body when the second device body is in the open position than when the second device body is in the closed position and wherein the first limit surface is closer to the sensor assembly than the second limit surface.
Sakakine additionally discloses wherein the second limit surface is farther from the second device body when the second device body is in the closed position than when the second device body is in the open position (Figs. 1-3 and 11—the gap “a” is less when in an open position than in a closed position such that the second limit surface is farther from the second device body in the closed position) and wherein the first limit surface is farther from the second device body when the second device body is in the open position than when the second device body is in the closed position (Figs. 1-3 and 11—the gap “b” is less when in an closed position than in an open position such that the first limit surface is farther from the second device body in the open position) and wherein the first limit surface is closer to the sensor assembly than the second limit surface (Figs. 1-3 and 11—the first limit surface B is positioned in the forward area of the clip, such that it would be closer to the sensor assembly than the second limit surface B).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Sawada, including a limit element to prevent the device from being opened or closed past certain limits, via a simple substitution for the limiting surfaces of Sakakine which perform the same functions.
Regarding claim 44, the combination of Sawada and Sakakine teach the bioinformation measuring device of claim 36. Sawada additionally teaches wherein the contact member has a bottom surface (contact member comprises a central region Protrusion 60, a connection region Acrylic plate 50, and a contact surface Ax2, Figs. 3-4) adjacent to the connection region, such that a remainder of the contact member extends into the accommodation space (the bottom surface of the central region 60 of the contact member is coupled to the connection region 50 such that a remainder of the contact member extends into the accommodation space shown by the dashed line, Figs. 3-4), and wherein the contact member is elastic and can deform along the first direction (Acrylic plate 50, which is part of the contact member according to claim 1, is elastic and can deform along the first direction per Fig. 3 as shown by the displacement of the plate 50 relative to the dashed line; Paragraph 0063-- The protrusion 60 is formed, for example, by an acrylic material. In this case, the material thereof is the same as the acrylic plate 50). Because the central region of the contact member and the acrylic plate of the contact member may be formed of the same material, the central region may additionally be similarly elastic and capable of deforming along the first direction by some amount.
Claim(s) 46 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sawada in view of Sakakine, further in view of Schmidt (US 5413099A).
Regarding claim 46, the combination of Sawada and Sakakine teaches the bioinformation measuring device of claim 1. Sawada additionally teaches the second inner surface comprises an opening (an opening 10a in the base 10 of the assembly of sensor 200 and lower part 82b, Figs. 3-4 and 6a-6b), and wherein the connection region (50) is connected to the second inner surface and surrounds the central region to suspend the contact member in the opening (Connection region 50 connects to the second inner surface shown by base 10 and surrounds the central region 60 to suspend the central region in the opening, Figs. 3-4; paragraph 0054). Sawada additionally teaches wherein the central region (60) of the contact member is stiffer than the connection region (50) of the contact member (the protrusion 60 is coupled to the second device body (the assembly of lower part 82b and sensor 200 which includes base 10) via acrylic plate 50 which visibly elastically deforms to move in and out of the second device body and accommodation space, shown by movement of acrylic plate 50 indicated by the dashed line such that the connection region is less stiff than the central region 60 which does not visibly deform, Figs. 3-4; paragraph 0060, 0095-0096-- the processor 310 computes the contact pressure against the protrusion 60 caused by the finger FG based upon the deflection amount and the inclination of the acrylic plate 50).
However, Sawada fails to particularly disclose wherein the first device body comprises an observation section that allows visualization of the accommodation space and the contact surface through the first device body, and wherein the observation section comprises a transparent or translucent material.
Schmidt, in the same field of endeavor of a finger clip sensor (Fig. 13; col. 2, line 30-41) teaches wherein the first device body comprises an observation section that allows visualization of the accommodation space and the contact surface through the first device body (Col. 4, line 26-32 and 47-50-- A preferred material for manufacturing the flexible carrier body, or the lower and/or upper portions thereof, is transparent plastic material which allows electromagnetic waves in or near the visible spectrum to pass. It has been found that transparent silicone particularly fits those needs; completely assembled flexible carrier 26, Fig. 13 which has an upper portion positioned of the body on the top of the finger). Schmidt additionally teaches wherein the observation section comprises a transparent or translucent material (Col. 4, line 26-32 and 47-50-- A preferred material for manufacturing the flexible carrier body, or the lower and/or upper portions thereof, is transparent plastic material which allows electromagnetic waves in or near the visible spectrum to pass. It has been found that transparent silicone particularly fits those needs).
It would have been obvious to one having ordinary skill in the art to modify the device of Sawada to provide an area of transparency as disclosed by Schmidt in order to predictably improve the accuracy of measurements performed by the system by allowing a user to observe the finger inside the device body for correct placement.
Claim(s) 50 and 65 is/are rejected under 35 U.S.C. 103 as being anticipated by Sawada in view of Sakakine, further in view of Disch (US 5438986 A).
Regarding claim 50, the combination of Sawada and Sakakine discloses the bioinformation measuring device of claim 36. Sawada additionally teaches a spring element (Spring 84, Fig. 6A) coupled to the first device body and the second device body at an end of the first device body and the second device body that is opposite to the accommodation space (Spring 84 positioned opposite the open space formed by first device body 82a and second device body 82b, Fig. 6A),
wherein a pin (Screw 86, fig. 6A) extends through a first slot in the first device body, a second slot in the second device body, and an opening through the spring element (see Fig. 6A, the pin 86 passes through an opening in the spring 84) such that the spring element biases the first device body to an open position from a closed position (Paragraph 0079--The leaf spring 84 urges the clip upper part 82a and the clip lower part 82b in a direction separating from each other. An urging force of the leaf spring 84 is adjusted by a screwed state of the screw 86. The screw 86 screws the leaf spring 84 into the clip 82…the clip 82 includes upper part 82a and lower part 82b).
Sawada additionally teaches that the sensor assembly extends into the accommodation space.
Sakakine additionally discloses wherein the first limit surface is closer to the sensor assembly than the pin, and wherein the second limit surface is farther from the sensor assembly than the pin (Figs. 1-3 and 11—the first limit surface B is positioned in the forward area of the clip ahead of the pin, such that it would be closer to the sensor assembly than the pin while second limit surface B would be farther from the sensor assembly than the pin).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Sawada, including a limit element to prevent the device from being opened or closed past certain limits, via a simple substitution for the limiting surfaces of Sakakine which perform the same functions.
However, Sawada fails to particularly disclose wherein the pin is undersized relative to the first slot and the second slot such that the first device body and the second device body can displace in an opposite direction when biased in the closed position.
Disch, in the same field of endeavor of a finger clip sensor (Abstract), discloses wherein a pin is undersized relative to a slot such that the first device body and the second device body can displace in an opposite direction when biased in the closed position (Col. 5, line 10-24--The upper housing member 18 includes, at each side, a downwardly projecting tab 60 having an elongated slot 62 (FIG. 2) formed therein. The pin 58 of the lower housing member 20 is received within the slot 62 of the upper housing member 18 and generally provides for pivoting movement between the housing members 18, 20. Ordinarily, and as seen in FIG. 5, the bias of the torsion spring 26 pulls the pin 58 toward the upper end of the slot 62 thereby minimizing the distance between the upper and lower housing members 18, 20. When the sensor 10 is in place on the finger 16, the pin 58 can move toward the lower end of the slot 62 as needed to maintain the desired orientation of the sensor 10 on the finger 16; Fig. 5). While Disch discloses a pin which is integral with a second device body, it would have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Sawada, which includes a separate pin and device bodies, to modify the apertures of the first and second bodies of Sawada to utilize a slot shape as disclosed by Disch in order to predictably allow for the finger clip system to maintain a desired sensor orientation while fitting a variety of finger sizes as disclosed by Disch.
Regarding claim 65, the combination of Sawada and Sakakine discloses the bioinformation measuring device of claim 36. Sawada additionally teaches wherein when the bioinformation measuring device is in the first configuration, the contact member is not engaged by the finger, and wherein the bioinformation measuring device is in the second configuration, the contact member is engaged by the finger (See Fig. 3, a first configuration shown by the dashed line when the finger is not in contact with the contact surface Ax2 and a second configuration shown by the elastically deformed plate 50 when a finger is in contact with the contact surface Ax2), wherein the bioinformation measuring device further comprises a spring element (Spring 84, Fig. 6A) having an opening, wherein the pin (Screw 86, fig. 6A) extends through the opening (see Fig. 6A, the pin 86 passes through an opening in the spring 84) when the bioinformation device is in the first configuration, wherein the pin extends through the opening when the bioinformation device is in the second configuration (See fig. 6A).
However, Sawada fails to explicitly disclose wherein the pin is closer to an edge of the opening when the bioinformation measuring device is in the second configuration than when the bioinformation measuring device is in the first configuration, and wherein when the bioinformation measuring device is in the first configuration, a gap is between the pin and the spring element.
Disch discloses a device having a spring element which comprises a coil having an opening (Torsion spring 26, Fig. 2), wherein the pin extends through the opening when the bioinformation measuring device is in the first configuration (See pin positioned in the middle of the torsion spring 26 coil, Fig. 2), wherein the pin extends through the opening when the bioinformation measuring device is in the second configuration (See Fig. 2, and also Fig. 5 which demonstrates that the pin may move within the slot as the device shifts from a first configuration to a second configuration), wherein a pin is undersized relative to a slot such that the first device body and the second device body can displace in an opposite direction when biased in the closed position (Col. 5, line 10-24--The upper housing member 18 includes, at each side, a downwardly projecting tab 60 having an elongated slot 62 (FIG. 2) formed therein. The pin 58 of the lower housing member 20 is received within the slot 62 of the upper housing member 18 and generally provides for pivoting movement between the housing members 18, 20. Ordinarily, and as seen in FIG. 5, the bias of the torsion spring 26 pulls the pin 58 toward the upper end of the slot 62 thereby minimizing the distance between the upper and lower housing members 18, 20. When the sensor 10 is in place on the finger 16, the pin 58 can move toward the lower end of the slot 62 as needed to maintain the desired orientation of the sensor 10 on the finger 16; Fig. 5). As a result, it may be seen that Disch discloses that the pin is closer to an edge of the opening when the bioinformation measuring device is in the second configuration than when the bioinformation measuring device is in the first configuration, wherein when the bioinformation measuring device is in the first configuration, a gap is between the pin and the spring element (as shown in Fig. 5—the pin is in the first configuration where it rests at the top of the slot, and will shift to the bottom of the slot in the second configuration; per Fig. 2, this would position the pin lower in the opening in the spring). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Sawada, which includes a separate pin and device bodies and a spring, to modify the device of Sawada to utilize an elongated slot shape and coil spring as disclosed by Disch, such that the first slot and the second slot jointly form a limit slot such that the first slot and the second slot are oversized relative to the pin and the pin extends through an opening in the coil spring, in order to predictably allow for the finger clip system to maintain a desired sensor orientation while automatically adjusting (e.g., without adjustment of a screw) to fitting a variety of finger sizes as disclosed by Disch.
Claim(s) 53 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sawada in view of Sakakine, further in view of Larson (US20020156354A1).
Regarding claim 53, the combination of Sawada and Sakakine teaches the bioinformation measuring device of claim 36. However, the combination fails to particularly disclose wherein the first limit surface and the second limit surface are located on a limit rim disposed between the first device body and the second device body.
Larson, in the same field of endeavor of a finger-worn pulse oximetry sensor including a first device body (top member 10), a second device body (bottom member 30), an accommodation space formed between a first inner surface and a second inner surface (space between the two corresponding pad assemblies 50), discloses a first limit surface coupled to the first device body and a second limit surface coupled to the first device body, wherein the first limit surface engages the second device body in the closed position to prevent further closure of the first device body relative to the second device body in the closed position and wherein the second limit surface engages the second device body in the open position to prevent further opening of the first device body relative to the second device body in the open position (wings 88 and 90 which are upper and lower extended portions of resilient spring member 80 which extend toward the pressing rearward ends 14, 34 of the first and second device body, respectively and prevent further rotation; Paragraph 0040-0043)
wherein the first limit surface and the second limit surface are located on a limit rim (resilient spring member 80, which comprises a rim shape to allow the pin 110 to pass therethrough and which may comprise different portions, such that a portion may constitute a limiting ring; paragraph 0039-0041; Figs. 1-2 and 6A-6B) which is disposed between the first device body and the second device body (see Figs. 1-2; paragraphs 0035-0041--Near the rear end of the sensor, the top member 10 and bottom member 30 are interconnected by a cylindrical hinge pin 110 which passes through the opening 82 in the resilient spring member 80… By pressing the rear ends 14, 34 of the top and bottom members 10, 30 together, the sensor opens. This deforms the spring member 80 and separates the front ends 16, 36 of the top and bottom members 10, 30. This separation allows a patient's fingers to be inserted to be positioned between the cushion assemblies 50. Once the force applied to the top member 10 and bottom member 30 is released, the hinge member 80 will close the front ends 16, 36, thereby securing the sensor on the inserted appendage).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the device of the combination including Sakakine, which discloses limiting surfaces positioned on either side of a pin and spring assembly, with the particular ring-shape of Larson, in order to provide the surfaces as disclosed by Sakakine on a ring rather than integrally with the hinge to additionally allow for modifying the limiting of the angles of opening and closing of the device rather than the limitations being permanently set.
Allowable Subject Matter
Claims 57 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of the record fails to teach and/or fairly suggest, in combination with all other recited limitations, “more of the pin is in contact with the spring element when the bioinformation measuring device is in the second configuration” and “the pin is in contact with the spring element” as recited in claims 57 and in each of 59, 63, and 66, respectively. Claim 60 depends from claim 57 and is not additionally rejected; as such, claim 60 would also be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 13 February 2026 with respect to the rejection of claims 4 and 46 under 35 U.S.C. 112(b) have been fully considered but they are not persuasive.
Applicant argues that with respect to claims 4 and 46, the claim language is clear and definite as the specification describes that the central region has greater stiffness than the connection region.
However, the current claim language describes the contact member as having greater stiffness than the connection region, where the contact member includes the connection region and the claim language may be seen as a result to describe that the contact member has a greater stiffness than itself. It is recommended that the claim be amended to state that the central region has greater stiffness than the connection region, such that the claim would reflect the relative stiffness of the different components of the contact member.
Applicant's arguments filed 13 February 2026 regarding the rejection of the claims under 35 U.S.C. 103 have been fully considered but they are not persuasive.
The applicant argues that Sawada fails to disclose a pin extending through a first slot in the first device body and a second slot in the second device body such that the spring element biases the first device body to an open position from a closed position. Applicant states that Fig. 6A of Sawada “infers that the screw 86 is inserted into one of the bodies 82a or 82b” rather than any slot. However, any insertion of the pin into one of the bodies would necessarily include a slot that the screw is inserted into; furthermore, paragraph 0079 of Sawada notes that the screw screws the spring into the clip, such that it is attached to both the upper and lower part of the clip.
Applicant additionally argues that Sawada does not teach that the spring element biases the first device body to an open position from a closed position. However, as noted above and by applicant, the particular urging force of Sawada is adjustable, such that it may be seen to leave the clip biased in a position which may be considered an open position depending on the chosen urging force.
Applicant additionally argues that the combination of Sawada with Disch is improper as the modification to utilize the coil spring of Disch would remove the ability to adjust the urging force and require significant redesign by removing this ability. However, the device of Disch provides for a pivot mechanism which allows for the clamp to be utilized with different finger sizes, such that it is similarly adjusting the urging force of the device, as a stronger force would not be capable of accommodating a larger size. As a result, it may be seen that modification with Disch would retain the same functions and thus would not render the invention of Sawada unsatisfactory for its intended purpose, which is additionally noted to be directed toward the accurate measurement of blood flow using a finger clamp sensor by accounting for contact place and area of the device (see paragraphs 0003-0005 of Sawada) rather than specifically the ability to adjust the urging force of a finger clamp sensor.
Applicant additionally argues that the combination fails to disclose a pin extending through a first slot and a second slot wherein the pin is undersized relative to each slot. In this argument, applicant additionally argues that Disch fails to teach a slot in the lower housing member. As noted above, Sawada has been relied upon to disclose the use of a pin through a slot of both upper and lower device bodies; in a device having the clamp configuration of Sawada, the pin must insert through both device bodies to retain the general configuration of the device rather than allowing the device bodies to separate. Regarding the pin being undersized, the disclosure of Disch explicitly notes that the pin is capable of moving within the slot such that it must be undersized as it describes “the bias of the torsion spring 26 pulls the pin 58 toward the upper end of the slot 62” and “When the sensor 10 is in place on the finger 16, the pin 58 can move toward the lower end of the slot 62” (Col. 5, lines 13-24). Were the pin not undersized relative to the slot, there would be no movement of the pin between upper and lower ends of the slot.
Applicant further argues that Sakakine fails to disclose first and second limit surfaces as claimed, further arguing that the figures of Sakakine fail to “discuss stop of limiting features” and that “the jaws 112, 122 fully close as shown in Fig. 1”. However, as claimed, the limit surfaces prevent further closure when the device is in a closed position and likewise prevent further opening when the device is in the open position. The jaws of Sakakine are capable of fully closing, e.g., moving into a closed position, and include portions shown in Figs. 1-3 which would prevent the device from closing further as these portions would abut one another, even if not labeled.
The claims remain rejected under 35 U.S.C. 103.
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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/ANNA ROBERTS/Examiner, Art Unit 3791 /ALEX M VALVIS/Supervisory Patent Examiner, Art Unit 3791
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