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 .
Amendment Entered
This Office action is responsive to the Amendment filed on June 10th, 2025. The examiner acknowledges the amendments to claims 1, 3-7, 9-11, 13, 15, 20-22, 24, and 28, as well as the cancellation of claims 8, 12, 14, 16-17, and 29. Claims 30-34 have been added. Claims 1-7, 9-11, 13, 15, 18-28, and 30-34 remain pending in the application.
Response to Arguments
Applicant’s remarks and amendments, filed June 10th, 2025, with respect to the drawing objections have been fully considered. The drawing objections are withdrawn.
Applicant’s remarks and amendments, filed June 10th, 2025, with respect to the specification objections have been fully considered. The specification objections are withdrawn.
Applicant’s remarks and amendments, filed June 10th, 2025, with respect to the rejections under 35 U.S.C. 112(b) have been fully considered. The rejections under 35 U.S.C. 112(b) are withdrawn. However, additional rejections are added.
Applicant’s arguments, filed June 10th, 2025, with respect to the rejections under 35 U.S.C. 103 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claims 6, 11, and 25 are objected to because of the following informalities:
The limitation “the housing” in claim 6 line 1 should recite “the system housing”.
Claim 11 recites “system of claim 8” in line 1. Since claim 8 has been cancelled, claim 11 should recite “system of claim 1” and will be treated as such for examination purposes.
The limitation “the human or animal subject” claim 25 lines 2-3 should recite “the subject”.
Appropriate correction is required.
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 9-11 and 33-34 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.
Claims 9-11 and 33 recite the limitation "the electrical coupling". There is insufficient antecedent basis for this limitation in the claims. Furthermore, it is unclear if this is referring to the electrical coupling member or the at least one electrical coupling recited in claim 1. The limitation should recite “the at least one electrical coupling” and will be treated as such for examination purposes.
Claims 34 recites the limitation "the electrical wire" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 34 should either depend from claim 33 or the limitation should recite “an electrical wire” to provide proper antecedence. Claim 34 will be treated as depending from claim 33 for examination purposes.
Priority
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Provisional Application No. 63205402, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. The limitations “a system housing comprising first and second portions and an interior air space; an acoustic sensor held at the first housing portion”; “an electrical wire of at least 18 gauge AWG or higher”; “an electrical attachment medium comprising silver” are not supported in the disclosure as originally filed. The disclosure as originally filed at the time of the effective filing date provides, on pages 1-6, images of the structure of the acoustic sensor, however the images do not demonstrate a housing comprising a first portion, a second portion, an interior air space, and the acoustic sensor held at the first portion of the housing. Furthermore pages 1-6 discloses electrical wires but does not disclose the gauge of the wires or that the wires are attached to the acoustic sensor with an electrical attachment medium including silver. Furthermore, pages 7-98 do not disclose the structure of the acoustic sensor, rather pages 7-98 focuses on frequency ranges and sensing applications of the acoustic sensor.
Accordingly Claims 1-7, 9-11, 13, 15, 18-28, and 30-34 are not entitled to the benefit of the prior application and will be treated with an effective filing date of December 8, 2021.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The 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.
Claims 1, 3-7, 18-20, 23-24, 30, and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Wendling (US 20200204895 A1) in view of Chong (US 20150190110 A1).
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Wendling annotated Fig. 2
Regarding claim 1, Wendling discloses an acoustic sensor system that captures acoustic information from a human or animal subject (microphone system … speech signal, Abstract, para. [0006], fig. 1A), said sensor system (Abstract) comprising: a) a system housing (shell/mask body 12, para. [0038-0039], figs. 1A & 2) comprising first (extension housing 118/210, para. [0045], figs. 2-3A & 5) and second housing portions (connector/elbow 26 & adapter 116/206, para. [0038, 0045, 0059], figs. 2 & 5) and an interior air space (unlabeled but as seen in annotated fig. 2, para. [0046]); b) an acoustic sensor (microphone module comprising microphone elements 126, para. [0049]) held at the first housing portion (as seen in figs. 2-3B, para. [0046, 0056]), said acoustic sensor configured to detect the acoustic information from the human or animal subject (“capture the voice of a patient … speech and/or breathing”, para. [0006]) and convert the detected acoustic information into an analog electric signal (“audio signal … analog”, para. [0062]), wherein the acoustic sensor comprises a first sensor portion (circuit board 122, fig. 2) facing into the interior air space of the system housing (unlabeled, but as seen in fig. 2) and including an electrical terminal interface in the interior air space (electrical terminal interface, as seen in annotated fig. 2, solder bumps 136, fig. 3A), and a second sensor portion facing outward from the system housing (microphone elements 126, attenuator 124, & opening 120, as seen in fig. 2) in a manner effective to receive the acoustic information from the human or animal subject (“opening 120 of microphone module is preferably facing a mouth region of the person so as to receive direct sound from speech from the mouth”, para. [0048]); and wherein the interior air space of the housing is outside the acoustic sensor (as seen in annotated fig. 2); and c) an electrical coupling member (jack 130 & cable connector 132, fig. 2) positioned at the second housing portion (as seen in fig. 2), said electrical coupling member (jack 130 & cable connector 132, fig. 2) comprising: (a) a first electrical terminal interface (first electrical terminal interface, annotated fig. 2) positioned inside the interior air space of the system housing in a manner to provide an air gap outside the acoustic sensor and in the interior air space between the electrical terminal interface of the acoustic sensor and the first electrical terminal interface of the electrical coupling member (as seen in annotated fig. 2); and (b) a cable outside the system housing (cable 101, as seen in figs. 1A & 2) that is configured to couple the electrical coupling member (“audio processing system and the microphone module connected through a cable”, Abstract) to a computing device (audio processing system 150, Abstract, para. [0062]); and d) at least one electrical coupling in the interior air space (wires 128, fig. 2) electrically coupling the electrical terminal interface of the acoustic sensor to the first electrical terminal interface of the electrical coupling member (as seen in fig. 2, para. [0055]) in a manner to allow the analog electric signal to be electrically transmitted from the acoustic sensor to the electrical coupling member (“wires 128 connect board 122 with jack 130 … cable 101 … extends”, para. [0055], “transmitting the mic signal to a cable outside the mask. … audio processing system and the microphone module connected through a cable”, Abstract) so that the analog electric signal can be provided as an analog output from the second electrical terminal interface (“transmitting the mic signal to a cable outside the mask. … audio processing system and the microphone module connected through a cable”; “system 150 receives … microphone input … audio signal … analog”, Abstract, para. [0043, 0062]).
Wendling does not expressly disclose the electrical coupling member comprising (b) a second electrical terminal interface outside the system housing that is configured to couple the electrical coupling member to a computing device.
However, Chong discloses a system housing (stethoscope 200 having housing 248, fig. 2); and an electrical coupling member (cable 360, fig. 3) comprising (a) a first electrical terminal interface (port 250 & micro-USB connector 370, fig. 3) and (b) a second electrical terminal interface outside the system housing (audio jack 365, fig. 3) that is configured to couple the electrical coupling member to a computing device (“audio jack 365 that plugs into the 4-pole stereo port 350 of the mobile phone 355”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling such that the electrical coupling member further comprises (b) a second electrical terminal interface outside the system housing that is configured to couple the electrical coupling member to a computing device, as such a modification would have been merely a substitution of the cable 101 of Wendling for the cable and audio jack of Chong to connect the microphone module to the mobile phone/audio processing system.
Regarding claim 3, Wendling as modified by Chong hereinabove, discloses the acoustic sensor system of claim 1, wherein the acoustic sensor is phantom powered (“microphone element … require phantom power … 3-5 volts”, para. [0049]).
Regarding claim 4, Wendling as modified by Chong hereinabove, discloses acoustic sensor system of claim 1 wherein the acoustic sensor comprises an electret condenser microphone (microphone element … electret … condenser mic, para. [0049]).
Regarding claim 5, Wendling as modified by Chong hereinabove, discloses the acoustic sensor system of claim 1. Wendling as modified by Chong hereinabove, does not expressly disclose the acoustic sensor system further comprising a resilient interface between the acoustic sensor and the system housing.
However, Chong discloses an acoustic sensor system (electronic stethoscope 200, fig. 2, “stethoscope system”, para. [0024]), an acoustic sensor (microphone 240, fig. 2), and system housing (body 205, fig. 2), and a resilient interface (gasket 245, fig. 2) between the acoustic sensor and the system housing (“body 205 … gasket 245 … placed in the hole … microphone 240 … positioned … gasket 245”, para. [0031-0032], fig. 2). Chong further discloses that the gasket 245 may provide acoustic insulation from environmental noise and limit received sound waves to the sound waves captured by the diaphragm 210 (para. [0031]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling as modified by Chong hereinabove, such that the acoustic sensor system further comprises a resilient interface between the acoustic sensor and the system housing, in view of the teachings of Chong, for the obvious advantage of providing acoustic insulation from environmental noise (Chong, para. [0031]).
Regarding claim 6, Wendling as modified by Chong hereinabove, discloses the acoustic sensor system of claim 5. Wendling further discloses that the mask body is typically constructed of a material that is more rigid and that the present invention can be incorporated into various masks and/or adapters using a variety of materials (para. [0041, 0120]). Wendling as modified by Chong hereinabove, does not expressly disclose wherein the housing comprises a first material and the resilient interface comprises a second material, wherein the first material is harder than the second material.
However, Chong discloses wherein the housing (body 205, para. [0029]) comprises a first material (“body … stainless steel …”, para. [0029]) and the resilient interface (gasket 245, para. [0031]) comprises a second material (“gasket … urethane, rubber …”, para. [0031]), wherein the first material is harder than the second material (Examiner note: stainless steel is harder than urethane/rubber, therefore body 205 is made of a harder material than the urethane/rubber gasket 245). Chong further discloses that gasket 245 may provide acoustic insulation from environmental noise and limit received sound waves to the sound waves captured by the diaphragm 210 (para. [0031]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling as modified by Chong hereinabove, such that the housing comprises a first material and the resilient interface comprises a second material, wherein the first material is harder than the second material, in view of the teachings of Chong, for the obvious advantage of providing acoustic insulation from environmental noise (Chong, para. [0031]).
Regarding claim 7, Wendling as modified by Chong hereinabove, discloses the acoustic sensor system of claim 1. Wendling as modified by Chong hereinabove, does not expressly disclose the acoustic sensor system further comprising the computing device coupled to the second electrical terminal interface of the electrical coupling member.
However, Chong discloses the computing device (mobile phone 355, para. [0040-0041]) coupled to the second electrical terminal interface (jack 365, para. [0042]) of the electrical coupling member (port 250 and cable 360, para. [0040]) (para. [0040-0042]). Chong further discloses that the native capabilities of the mobile phone 355 for processing analog audio signals received via the 4-pole audio jack 250 may be utilized (para. [0043]) and processing the diagnostic audio signal to determine medical information of the patient such as heart rate, strength of heart beat, breathing information, and so on (para. [0087]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling as modified by Chong hereinabove, such that the acoustic sensor system further comprises the computing device coupled to the second electrical terminal interface of the electrical coupling member, in view of the teachings of Chong, for the obvious advantage of sending an analog audio signal to a mobile phone, using native capabilities of the mobile phone for processing the received analog audio signals, and processing the diagnostic audio signals to determine medical information of the patient (Chong, para. [0043, 0087]).
Regarding claim 18, Wendling as modified by Chong hereinabove, discloses the acoustic sensor system of claim 1. Wendling as modified by Chong hereinabove, does not expressly disclose wherein the analog output signal as transmitted from the electrical coupling member is unfiltered.
However, Chong discloses wherein the analog output signal as transmitted from the electrical coupling member (“transmit an analog audio signal”, para. [0020]) is unfiltered (“unfiltered”, para. [0067]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling as modified by Chong hereinabove, such that the analog output signal as transmitted from the electrical coupling member is unfiltered, in view of the teachings of Chong, as such a modification would have yielded predictable results, namely recording unfiltered audio signals for later playback (Chong, para. [0067]).
Regarding claim 19, Wendling as modified by Chong, discloses a method for detecting acoustic information from a subject (microphone system … speech signal, Abstract, “method”, para. [0006, 0120]), the method comprising a) using the acoustic sensor system of claim 1 (see claim 1 above) to detect acoustic information from the subject at one or more locations (“voice signal … detect speech and/or breathing”; “microphone module is preferably facing a mouth region of the person so as to receive direct sound from speech from the mouth”, para. [0006, 0048], fig. 1); b) using the acoustic sensor system of claim 1 (see claim 1 above) to convert the detected acoustic information into one or more corresponding analog signals (“generating a speech signal”, Abstract; “audio signal … analog”, para. [0062]); and c) using the acoustic sensor system of claim 1 to transmit the one or more analog signals (“transmitting the mic signal to a cable outside the mask. … audio processing system and the microphone module connected through a cable”; “system 150 receives … microphone input … audio signal … analog”, Abstract, para. [0043, 0062]) to at least one computing device (“audio processing system”, Abstract; audio processing system 150, fig. 6).
Regarding claim 20, Wendling as modified by Chong hereinabove, discloses the method of claim 19. Wendling as modified by Chong hereinabove, does not disclose wherein step a) comprises detecting pulmonary acoustic information from the subject.
However, Chong discloses wherein step a) comprises detecting pulmonary acoustic information from the subject (“breathing information”, para. [0020-0021, 0087]). Chong further discloses the stethoscope module may also provide accurate breathing information and determine conditions such as air or fluid in a patient's lungs, increased thickness of a chest wall, over-inflation of a part of the lungs, reduced airflow in a part of the lungs, and that breathing information may help a medical practitioner to diagnose a patient and/or may help a patient determine when they should visit a doctor.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling as modified by Chong hereinabove, such that step a) comprises detecting pulmonary acoustic information from the subject, in view of the teachings of Chong, for the obvious advantage of determining conditions, such as air or fluid in a patient's lungs, increased thickness of a chest wall, over-inflation of a part of the lungs, and reduced airflow in a part of the lungs, to help a medical practitioner to diagnose a patient and/or help a patient determine when they should visit a doctor (Chong, para. [0021]).
Regarding claim 23, Wendling as modified by Chong hereinabove, discloses the method of claim 19. Wendling as modified by Chong hereinabove, does not expressly disclose wherein step a) comprises detecting the acoustic information over a period of time such that the acoustic information comprises acoustic information for an inhalation and an exhalation.
However, Chong discloses wherein step a) comprises detecting the acoustic information over a period of time (“audio data collected … sample period … 6 second window”, para. [0072]) such that the acoustic information comprises acoustic information for an inhalation and an exhalation (“inspiratory and expiratory phases of respiration … expiratory and inspiratory time periods, para. [0072]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling as modified by Chong hereinabove, such that step a) comprises detecting the acoustic information over a period of time such that the acoustic information comprises acoustic information for an inhalation and an exhalation, in view of the teachings of Chong, for the obvious advantage of computing a patient respiratory rate and/or a patient inspiratory to expiratory ratio.
Regarding claim 24, Wendling as modified by Chong hereinabove, discloses the method of claim 19. Wendling as modified by Chong hereinabove, does not expressly disclose the method further comprising the step of observing a representation of the subject that includes visual guidance of one or more locations on the subject from which to detect the acoustic information.
However, Chong discloses the method further comprising the step of observing a representation of the subject that includes visual guidance (interface 530 …graphical user interface … displayed; “show”, para. [0073, 0077]) of one or more locations on the subject from which to detect the acoustic information (“user interface 530 … show a user where to place the electronic stethoscope … chest or back … guide a user through placement … at a series of locations”, para. [0077]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling as modified by Chong hereinabove, such that the method further comprises the step of observing a representation of the subject that includes visual guidance of one or more locations on the subject from which to detect the acoustic information, in view of the teachings of Chong, as such a modification would have yielded predictable results, namely taking multiple readings on a patient’s body using the electronic stethoscope by guiding a user through placement of the electronic stethoscope at a series of locations on a patient's body (Chong, para. [0077]).
Regarding claim 30, Wendling as modified by Chong hereinabove, discloses the method of claim 19. Wendling as modified by Chong hereinabove does not disclose wherein the acoustic information comprises respiratory acoustic information.
However, Chong discloses wherein the acoustic information comprises respiratory acoustic information (“breathing information”, para. [0020-0021, 0087]). Chong further discloses the stethoscope module may also provide accurate breathing information and determine conditions such as air or fluid in a patient's lungs, increased thickness of a chest wall, over-inflation of a part of the lungs, reduced airflow in a part of the lungs, and that breathing information may help a medical practitioner to diagnose a patient and/or may help a patient determine when they should visit a doctor.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling as modified by Chong hereinabove, such that the acoustic information comprises respiratory acoustic information, in view of the teachings of Chong, for the obvious advantage of determining conditions, such as air or fluid in a patient's lungs, increased thickness of a chest wall, over-inflation of a part of the lungs, and reduced airflow in a part of the lungs, to help a medical practitioner to diagnose a patient and/or help a patient determine when they should visit a doctor (Chong, para. [0021]).
Regarding claim 32, Wendling as modified by Chong hereinabove, discloses the acoustic sensor system of claim 19. Wendling as modified by Chong hereinabove, does not expressly disclose wherein the analog output signal as transmitted from the electrical coupling member is unfiltered.
However, Chong discloses wherein the analog output signal as transmitted from the electrical coupling member (“transmit an analog audio signal”, para. [0020]) is unfiltered (“unfiltered”, para. [0067]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling as modified by Chong hereinabove, such that the analog output signal as transmitted from the electrical coupling member is unfiltered, in view of the teachings of Chong, as such a modification would have yielded predictable results, namely recording unfiltered audio signals for later playback (Chong, para. [0067]).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Wendling in view of Chong, as applied to claim 1 above, and further in view of Mirov (US 20160320231 A1).
Regarding claim 2, Wendling, as modified by Chong hereinabove, discloses the acoustic sensor system of claim 1. Wendling, as modified by Chong hereinabove, does not disclose wherein the acoustic sensor comprises a dynamic microphone.
However, Mirov discloses wherein the acoustic sensor comprises a dynamic microphone (“dynamic microphone”, para. [0030]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling, as modified by Chong hereinabove, such that the acoustic sensor comprises a dynamic microphone, in view of the teachings of Mirov, as such a modification would have been merely a substitution of the microphone elements of Wendling for the dynamic microphone of Mirov to convert an acoustic sound into the electrical audio signal (Mirov, para. [0030]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Wendling in view of Chong, as applied to claim 1 above, and further in view of Lockhart (US 2099938 A).
Regarding claim 9, Wendling, as modified by Chong hereinabove, discloses the acoustic sensor system of claim 1. Wendling, as modified by Chong hereinabove, does not expressly disclose wherein the electrical coupling comprises a metallic shielding.
However, Lockhart discloses wherein the electrical coupling (wire16b) comprises a metallic shielding (shielded …metallic covering 16c, col. 3 lines 19-32). Lockhart further discloses that the cable constructed as in figure 7 prevents as much as possible a change in capacity between the conductors 16d and 16c (col. 3 lines 33-40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling, as modified by Chong hereinabove, such that the electrical wire comprises a metallic shielding, in view of the teachings of Lockhart, to prevent a change in capacity between the conductors.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Wendling in view of Chong, as applied to claim 1 and 32 above, and further in view of Dieken (US 5852263 A).
Regarding claim 10, Wendling, as modified by Chong hereinabove, discloses the acoustic sensor system of claim 1. Wendling, as modified by Chong hereinabove, does not expressly disclose wherein the electrical coupling comprises an electrical wire having a gauge of at least 18 American wire gauge (AWG) or higher.
However, Dieken discloses wherein the electrical coupling comprises an electrical wire having a gauge of at least 18 American wire gauge (AWG) or higher (wires of about 32 AWG, col. 3 lines 17-24).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling, as modified by Chong hereinabove, such that the electrical coupling comprises an electrical wire having a gauge of at least 18 American wire gauge, in view of the teachings of Dieken, as such a modification would have been merely a substitution of the wires 128 of Wendling for the wires of about 32 AWG of Dieken for electrical communication (Dieken, col. 3 lines 17-24).
Regarding claim 11, Wendling, as modified by Chong hereinabove, discloses the acoustic sensor system of claim 1. Wendling, as modified by Chong hereinabove, does not expressly disclose wherein the electrical coupling comprises an electrical wire having a gauge of at least 23 American wire gauge (AWG) or higher.
However, Dieken discloses wherein the electrical coupling comprises an electrical wire having a gauge of at least 23 American wire gauge (AWG) or higher (wires of about 32 AWG, col. 3 lines 17-24).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling, as modified by Chong hereinabove, such that the electrical coupling comprises an electrical wire having a gauge of at least 23 American wire gauge (AWG) or higher, in view of the teachings of Dieken, as such a modification would have been merely a substitution of the wires 128 of Wendling for the wires of about 32 AWG of Dieken for electrical communication (Dieken, col. 3 lines 17-24).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Wendling in view of Chong, as applied to claim 1 above, and further in view of Awamura (US 20110135122 A1).
Regarding claim 13, Wendling, as modified by Chong hereinabove, discloses the acoustic sensor system of claim 1. Wendling, as modified by Chong hereinabove, does not expressly disclose wherein the second sensor portion comprises an impedance modulating interface through which the acoustic sensor detects the acoustic information.
However, Awamura discloses an acoustic sensor comprising a first sensor portion (inner face 6, fig. 7) and a second sensor portion (second face 8, fig. 7), wherein the second sensor portion (second face 8, fig. 7) comprises an impedance modulating interface through which the acoustic sensor detects the acoustic information (“detecting circuit 7 is composed of … a source follower 73 … impedance conversion … impedance-converted detection signal S”, para. [0032-0033], fig. 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling, as modified by Chong hereinabove, such that the second sensor portion comprises an impedance modulating interface through which the acoustic sensor detects the acoustic information, in view of the teachings of Awamura, as such a modification would have yielded predictable results, namely outputting an impedance-converted detection signal S.
Claims 15 and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Wendling in view of Chong, as applied to claims 1 and 19 above, and further in view of Gavriely (US 6168568 B1).
Regarding claim 15, Wendling, as modified by Chong hereinabove, discloses the acoustic sensor system of claim 1. Wendling, as modified by Chong hereinabove, does not expressly disclose wherein the acoustic sensor comprises a flat frequency response in a range from 100 Hz to 2000 Hz.
However, Gavriely discloses wherein the acoustic sensor (breath sound (BS) sensors, col. 11 line 13) comprises a flat frequency response in a range from 100 Hz to 2000 Hz (flat frequency response … 75-2000 Hz, col. 12 lines 31-38). Gavriely further discloses BS sensors 4 and 6, CE sensor 8 and ambient noise microphone 12 can be any suitable type of breath sound sensor, chest expansion sensor or microphone, respectively, having a suitable frequency response (col. 12 lines 31-38).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling, as modified by Chong hereinabove, such that the acoustic sensor comprises a flat frequency response in a range from 100 Hz to 2000 Hz, in view of the teachings of Gavriely, as such a modification would have been merely a substitution of the microphone elements of Wendling for the breath sound sensor having a generally flat frequency response in the range of 75-2000 Hz of Gavriely.
Regarding claim 31, Wendling, as modified by Chong hereinabove, discloses the acoustic sensor system of claim 19. Wendling, as modified by Chong hereinabove, does not expressly disclose wherein the acoustic information comprises pulmonary acoustic information and wherein the acoustic sensor has a flat frequency response in a range from 100 Hz to 2000 Hz.
However, Gavriely discloses wherein the acoustic information comprises pulmonary acoustic information (“breath sounds”, Abstract) and wherein the acoustic sensor (breath sound (BS) sensors, col. 11 line 13) has a flat frequency response in a range from 100 Hz to 2000 Hz (flat frequency response … 75-2000 Hz, col. 12 lines 31-38). Gavriely further discloses BS sensors 4 and 6, CE sensor 8 and ambient noise microphone 12 can be any suitable type of breath sound sensor, chest expansion sensor or microphone, respectively, having a suitable frequency response (col. 12 lines 31-38).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling, as modified by Chong hereinabove, such that the acoustic information comprises pulmonary acoustic information and the acoustic sensor has a flat frequency response in a range from 100 Hz to 2000 Hz, in view of the teachings of Gavriely, as such a modification would have been merely a substitution of the microphone elements of Wendling for the breath sound sensor having a generally flat frequency response in the range of 75-2000 Hz of Gavriely to obtain breath sound data.
Claims 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Wendling in view of Chong, as applied to claim 19 above, and further in view of Martin (US 20190099152 A1).
Regarding claim 21, Wendling, as modified by Chong hereinabove, discloses the method of claim 19. Wendling, as modified by Chong hereinabove, does not expressly disclose wherein step a) comprises detecting pulmonary acoustic information from at least first and second locations of the subject.
However, Martin discloses wherein step a) comprises detecting pulmonary acoustic information (“auscultatory sound … lungs”, para. [0041]) from at least first and second locations of the subject (“vibration sensors 10, 10.1′, 10.2′, 10.3′ … located … left and right side of the test subject 34,” para. [0045], as seen in figs. 13-14). Martin further discloses readily positioning the associated auscultatory sound-or-vibration sensors 10, 10.1′, 10.2′, 10.3′ to whichever locations are necessary for a particular test (para. [0071]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling, as modified by Chong hereinabove, such that step a) comprises detecting pulmonary acoustic information from at least first and second locations of the subject, in view of the teachings of Martin, in order to provide a system to detect auscultatory sounds at locations necessary for a particular test (Martin, para. [0071]).
Regarding claim 22, Wendling, as modified by Chong hereinabove, discloses the method of claim 19. Wendling, as modified by Chong hereinabove, does not expressly disclose wherein step a) comprises detecting pulmonary acoustic information from a range of from three to ten locations on the subject.
However, Martin discloses wherein step a) comprises detecting pulmonary acoustic information (“auscultatory sound … lungs”, para. [0041]) from a range of from three to ten locations on the subject (“vibration sensors 10, 10.1′, 10.2′, 10.3′ separated … respectively located … third 44.sup.3L, 44.sup.3R, fourth 44.sup.4L, 44.sup.4R and fifth 44.sup.5L, 44.sup.5R,” para. [0045], as seen in figs. 13-14). Martin further discloses readily positioning the associated auscultatory sound-or-vibration sensors 10, 10.1′, 10.2′, 10.3′ to whichever locations are necessary for a particular test (para. [0071]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling, as modified by Chong hereinabove, such that step a) comprises detecting pulmonary acoustic information from a range of from three to ten locations on the subject, in view of the teachings of Martin, in order to provide a system to detect auscultatory sounds at locations necessary for a particular test (Martin, para. [0071]).
Claims 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Wendling in view of Chong, as applied to claim 19 above, and further in view of Mulumudi (US 20160310100 A1).
Regarding claim 25, Wendling, as modified by Chong hereinabove, discloses the method of claim 19. Wendling, as modified by Chong hereinabove, does not expressly disclose the method further comprising obtaining image information of the human or animal subject while detecting the acoustic information.
However, Mulumudi directed to an acoustic collection system for handheld electronic devices discloses obtaining image information of the human or animal subject while detecting the acoustic information (“combine audio recordings ...visual recordings (still images) … simultaneously”, para. [0045]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling, as modified by Chong hereinabove, such that the method further comprises obtaining image information of the human or animal subject while detecting the acoustic information, in view of the teachings of Mulumudi, as such a modification would have yielded predictable results, namely combining audio recordings made with the acoustic collector with visual recordings (still images or video) made by the camera such that the audio recordings are combined in the same computer file with pictures or video of the patient taken (Mulumudi, para. [0045]).
Regarding claim 26, Wendling, as modified by Chong and Mulumudi hereinabove, discloses the method of claim 25, wherein the image information comprises video image information (Mulumudi, “video of the patient”, para. [0045]).
Claims 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Wendling in view of Chong, as applied to claims 1 and 19 above, and further in view of Richmond (US 20170303887 A1).
Regarding claim 27, Wendling, as modified by Chong hereinabove, discloses the method of claim 19. Wendling, as modified by Chong hereinabove, does not expressly disclose wherein step a) comprises using an image to help position the acoustic sensor system of claim 1 at the one or more locations, wherein the image comprises i) a representation of at least a portion of the subject and ii) one or more identified locations on the representation from which acoustic information is to be obtained from the subject.
However, Richmond discloses wherein step a) comprises using an image (image data 67 & three-dimensional representation 69; “displayed image”, para. [0052, 0053]) to help position the acoustic sensor system (clinical system 10/microphone array 12, para. [0039]) at the one or more locations (microphone locations 72, para. [0053]) (“enable clinician to confirm proper location”, para. [0053]), wherein the image (three-dimensional representation 69, fig. 1) comprises i) a representation of at least a portion of the subject (actual image data 67 of the patient’s head, para. [0052], figs. 1 & 3) and ii) one or more identified locations on the representation from which acoustic information is to be obtained from the subject (“region of interest 68 …sound is preferentially to be acquired”, para. [0051, 0053]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling, as modified by Chong hereinabove, such that step a) comprises using an image to help position the acoustic sensor system of claim 1 at the one or more locations, wherein the image comprises i) a representation of at least a portion of the subject and ii) one or more identified locations on the representation from which acoustic information is to be obtained from the subject, in view of the teachings of Richmond, for the obvious advantage of using a three-dimensional representation of a patient to enable a clinician to confirm the proper location of the microphone assemblies on the patient (Richmond, para. [0053]).
Regarding claim 28, Wendling, as modified by Chong hereinabove, discloses an acoustic sensor system (“systems”, para. [0029]), comprising: a) the acoustic sensor system of claim 1 (see claim 1 above); and a computer system (audio processing system, Abstract, para. [0043]).
Wendling, as modified by Chong hereinabove, does not expressly disclose b) the computer system configured to perform steps comprising displaying an image, said image comprising a representation of at least a portion of the human or animal subject and ii) one or more identified locations on the representation from which acoustic information is to be obtained from the human or animal subject, wherein, if the image includes a plurality of identified locations, the computer system is further configured to perform steps that cause the computer system to display information indicative of a sequence by which to detect acoustic information from the plurality of identified locations.
However, Chong discloses the computer system (stethoscope module 500 comprising user interface 530, para. [0051, fig. 5) configured to perform steps comprising displaying the image (an image … may be displayed, para. [0097], fig. 11); and wherein, if the image (“graphical user interface 530 … show a user”; image, para. [0077, 0097]) includes a plurality of identified locations (“series of locations on a patient’s body”, para. [0077]), the computer system (stethoscope module 500, fig. 5) is further configured to perform steps that cause the computer system to display information (“series of prompts of a user interface”; “displayed by the user interface 530”, para. [0019, 0073]) indicative of a sequence by which to detect acoustic information from the plurality of identified locations (“user interface 530 … show a user where to place the electronic stethoscope on a patient … guide a user through placement of the electronic stethoscope at a series of locations on a patient’s body”, para. [0019, 0077]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Wendling, as modified by Chong hereinabove, such that if the image includes a plurality of identified locations, the computer system is further configured to perform steps that cause the computer system to display information indicative of a sequence by which to detect acoustic information from the plurality of identified locations, in view of the teachings of Chong, in order to show the user where to place the electronic stethoscope on a patient and guiding the user through placement of the electronic stethoscope at a series of locations on a patient's body for taking multiple readings (Chong, para. [0077]).
Wendling, as modified by Chong hereinabove, does not expressly disclose said image comprising a representation of at least a portion of the human or animal subject and ii) one or more identified locations on the representation from which acoustic information is to be obtained from the subject.
However, Richmond discloses the acoustic sensor system (para. [0039], clinical system 10), comprising: b) a computer system (signal processing unit 32, para. [0044]) configured to (Examiner’s Note: functional language, i.e., capable of) perform steps comprising displaying an image (graphic images on a display 44, para. [0044]), said image comprising a representation of at least a portion of the human or animal subject (image data 67 of the patient’s head, para. [0052], figs. 1 & 3) and ii) one or more identified locations on the representation from which acoustic information is to be obtained from the subject (“region of interest 68 …sound is preferentially to be acquired”; “microphone locations 72”, para. [0051, 0053]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling, as modified by Chong hereinabove, such that the acoustic sensor system further comprises: b) a computer system configured to perform steps comprising displaying an image, said image comprising a representation of at least a portion of the human or animal subject and ii) one or more identified locations on the representation from which acoustic information is to be obtained from the subject, in view of the teachings of Richmond, for the obvious advantage of using a three-dimensional representation of a patient to enable a clinician to confirm the proper location of the microphone assemblies on the patient (Richmond, para. [0053]).
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Wendling in view of Chong, as applied to claim [32] above, and further in view of Henriquez (US 5129403 A).
Regarding claim 33, Wendling, as modified by Chong hereinabove, discloses the acoustic sensor system of claim 1, wherein the electrical coupling (wires 128, fig. 2) comprises an electrical wire (wires 128, fig. 2) that is connected to the electrical terminal interface of the acoustic sensor (as seen in annotated fig. 2). Wendling, as modified by Chong hereinabove, does not disclose an electrical attachment medium including silver.
However, Henriquez discloses electrical wires (wires 47, 78, fig. 3) connected to an electrical terminal interface (electrodes 42, 44, fig. 3) by an electrical attachment medium including silver (solder beads 43,45 … silver solder, col. 3 lines 45-51, fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling, as modified by Chong hereinabove, such that the electrical wire is connected to the electrical terminal interface of the acoustic sensor by an electrical attachment medium including silver, in view of the teachings of Henriquez, as such a modification would have yielded predictable results, namely electrically coupling the wires 128 to the board 122 using silver solder beads.
Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Wendling in view of Chong, further in view of Henriquez, as applied to claim [33] above, and further in view of Dieken.
Regarding claim 34, Wendling, as modified by Chong hereinabove, discloses the acoustic sensor system of claim [33]. Wendling, as modified by Chong hereinabove, does not expressly disclose wherein the electrical wire has a gauge of at least 18 AWG or higher.
However, Dieken discloses wherein the electrical wire has a gauge of at least 18 AWG or higher (wires of about 32 AWG, col. 3 lines 17-24).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wendling, as modified by Chong hereinabove, such that the electrical wire has a gauge of at least 18 AWG or higher, in view of the teachings of Dieken, as such a modification would have been merely a substitution of the wires 128 of Wendling for the wires of