DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 23rd, 2026 has been entered.
Response to Amendment
The amendment filed January 23rd, 2026 has been entered. Claims 1-24 remain pending in the application. Applicant’s amendments to the claims have overcome the objections and rejections previously set forth in the Final Office Action mailed September 23rd, 2025.
Response to Arguments
Applicant’s arguments with respect to claims 1-24 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. The claim amendments changed the scope of the claimed invention. See new grounds for rejection below.
Claim Objections
Claim 24 objected to because of the following informalities:
Claim 24, lines 9-10, recites “trace, and is connectable to an electrode assembly of the patient-monitoring device though the opening.” should read -- trace, and is connectable to an electrode assembly of the patient-monitoring device through the opening. --. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-12 and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Fadem et al. (U.S. Pat. No. 8463354) herein referred to as “Fadem” in view of Mazar et al. (U.S. PGPub. No. 2016/0228060) herein referred to as “Mazar”.
Regarding claim 1, Fadem discloses an adapter for a patient-monitoring device (electrode module 100, Figure 5, Col. 6, lines 3-30) comprising:
a rigid housing including an opening (upper clamshell member 102 and lower clamshell member 104, encompass the rigid flex circuit 110 which defines an opening (see modified Figure 5 below), Figure 5, Col. 6, lines 3-30);
PNG
media_image1.png
706
492
media_image1.png
Greyscale
a flexible printed circuit that is entirely within the rigid housing and that includes: (rigid-flex circuit 110 entirely within housing 102, 104, Col. 6, lines 3-30) and that includes: a rigid portion that includes a rigid stiffener (upper rigid member 112 and lower rigid member 114, Figure 5, Col. 6, lines 50-67);
and a flexible portion that includes a trace (flexible circuit 140 comprising trace 116, 118, Figure 5, Col. 6, lines 50-67);
that extends from the rigid portion (trace 116, 118 extends from rigid portion 112, 114, Figure 5); a connector that is disposed on the tip of the flexible portion, that is connected to one end of the trace (connectors 116,118, Figure 5), and that is connectable to an electrode assembly of the patient-monitoring device through the opening (connectors 116, 118, connectable to electrode modules 100 through opening of housing defined by 102,104 (see modified Figure 5 below), Figure 6-11, Col. 7, lines 45-67).
PNG
media_image1.png
706
492
media_image1.png
Greyscale
However Fadem does not explicitly disclose wherein the flexible portion allows for the trace to be moveable in two or three dimensions independent of the rigid portion.
Mazar discloses wherein the flexible portion is moveable in two or three dimensions independent of the rigid portion (the elastic layer 120 allows for a degree of movement in the X and Y directions, Paragraph [0038]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Fadem to incorporate
the teachings of Mazar by including wherein the flexible portion includes a trace that is moveable in two or three dimensions with respect to the rigid portion. The motivation to do so being to allow for a degree of flexibility as the patient moves which allows for the electrodes to remain in contact with the patient (Mazar, Paragraph [0037]).
Regarding claim 2, Fadem in view of Mazar discloses the adapter of claim 1.
Fadem further discloses wherein the rigid stiffener overlaps with electronic components on the flexible printed circuit (a region 144 is sandwiched between the upper rigid member 112 and the lower rigid member 114, Figure 5, Col. 6, lines 50-67).
Regarding claim 3, Fadem in view of Mazar discloses the adapter of claim 1.
Fadem discloses wherein the flexible portion extends from the rigid portion (flexible portion 116, 118 extends from rigid portion, Figure 5).
However Fadem in view of Mazar does not explicitly disclose wherein the flexible portion has a meander shape.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the different portions of the flexible portion of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Regarding claim 5, Fadem in view of Mazar discloses the adapter of claim 1.
Fadem further discloses wherein the flexible portion extends with a straight portion from the rigid portion (flexible portion 116, 118 extends with a straight portion from the rigid portion 112, 114, Figure 5).
Regarding claim 6, Fadem in view of Mazar discloses the adapter of claim 1.
Fadem further discloses wherein the flexible portion extends with a straight portion from the rigid portion (seem claim 5).
However Fadem in view of Mazar does not explicitly disclose wherein the flexible portion is terminated in a spiral portion.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the different portions of the flexible portion of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Regarding claim 7, Fadem in view of Mazar discloses the adapter of claim 1.
Fadem further discloses wherein the flexible printed circuit board incudes an additional rigid portion that includes an additional rigid stiffener (flexible circuit board includes an additional rigid portion that includes an additional rigid stiffener (see Figure 6, flexible traces are connected to additional rigid portions 112 with rigid stiffeners 114).
Regarding claim 8, Fadem in view of Mazar discloses the adapter of claim 7.
Fadem further discloses wherein the patient-monitoring device (electrode module 100, Figure 5, Col. 6, lines 3-30) includes: a sensor assembly that is connectable to and disconnectable from the adapter (flexible connectors 116,118 are connectable to sensor assembly 120, Figures 5-11);
a rigid circuit board connected to the additional rigid portion (rigid circuit board 112 connected to additional rigid portion 112/114, Figure 6);
and a sensor connector connected to the rigid circuit board (sensor connector 116 extending off rigid circuit board 112, Figure 6);
the sensor connector is connectable to and disconnectable from the sensor assembly (flexible connectors 116,118 are connectable to sensor assembly 120, Figures 5-11).
Regarding claim 9, Fadem in view of Mazar discloses the adapter of claim 1.
Fadem further discloses wherein the patient-monitoring device further includes the electrode assembly (electrode assembly, Figures 1-2 and 11); and the electrode assembly is attachable to a patient (electrode assembly attachable to patient, Figures 1-4).
Regarding claim 10, Fadem in view of Mazar discloses the adapter of claim 1.
However Fadem does not explicitly disclose wherein the connector is rotatable in two or three dimensions independent of the rigid portion.
Mazar discloses wherein the flexible portion is rotatable in two or three dimensions independent of the rigid portion (the elastic layer 120 allows for a degree of movement in the X and Y directions further comprising connector 114, Paragraph [0038]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Fadem in view of Mazar to incorporate the teachings of Mazar by including wherein the connector is rotatable in two or three dimensions independent of the rigid portion. The motivation to do so being to allow for a degree of flexibility as the patient moves which allows for the electrodes to remain in contact with the patient (Mazar, Paragraph [0037]).
Regarding claim 11, Fadem in view of Mazar discloses the adapter of claim 1.
Fadem further discloses wherein the patient-monitoring device includes a sensor assembly that is connectable to and disconnectable from the adapter (control box interface module 230, Figure 4).
Regarding claim 12, Fadem in view of Mazar discloses the adapter of claim 11.
Fadem further discloses wherein the sensor assembly includes a grip to assist in gripping an electronics assembly during connection and disconnection of the sensor assembly from the adapter (control box interface module 230 comprising a housing (seen as having a grip), Figure 4).
Regarding claim 21, Fadem discloses an adapter for a patient monitoring device (electrode module 100, Figure 5, Col. 6, lines 3-30) comprising:
a rigid housing including an opening (upper clamshell member 102 and lower clamshell member 104, encompass the rigid flex circuit 110 which defines an opening (see modified Figure 5 below), Figure 5, Col. 6, lines 3-30);
PNG
media_image1.png
706
492
media_image1.png
Greyscale
a flexible printed circuit that is entirely within the rigid housing (rigid-flex circuit 110 entirely within housing 102, 104, Col. 6, lines 3-30) and that includes: a rigid portion that includes a rigid stiffener (upper rigid member 112 and lower rigid member 114, Figure 5, Col. 6, lines 50-67) a connector that is connectible to an electrode assembly through the opening (connectors 116,118, are connectable to electrode assembly though opening shown in modified Figure 5 above); and a discrete wire that connects the flexible printed circuit and the connector (there is a discrete wire connection between 116,118 and flexible portion 144, Figure 5).
However Fadem does not explicitly disclose wherein the connector is movable in two or three dimensions independent of the rigid portion.
Mazar discloses wherein the flexible portion is moveable in two or three dimensions independent of the rigid portion (the elastic layer 120 allows for a degree of movement in the X and Y directions further comprising connector 114, Paragraph [0038]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Fadem to incorporate
the teachings of Mazar by including wherein the connector is moveable in two or three dimensions independent of the rigid portion. The motivation to do so being to allow for a degree of flexibility as the patient moves which allows for the electrodes to remain in contact with the patient (Mazar, Paragraph [0037]).
Regarding claim 22, Fadem in view of Mazar discloses the adapter of claim 21.
Fadem further discloses wherein the patient-monitoring device includes the electrode assembly (electrode assembly, Figures 1-2 and 11); and the electrode assembly is attachable to a patient (electrode assembly attachable to patient, Figures 1-4).
Regarding claim 23, Fadem in view of Mazar discloses the adapter of claim 21.
However Fadem does not explicitly disclose wherein the connector is rotatable in two or three dimensions independent of the rigid portion.
Mazar discloses wherein the flexible portion is rotatable in two or three dimensions independent of the rigid portion (the elastic layer 120 allows for a degree of movement in the X and Y directions further comprising connector 114, Paragraph [0038]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Fadem in view of Mazar to incorporate the teachings of Mazar by including wherein the connector is rotatable in two or three dimensions independent of the rigid portion. The motivation to do so being to allow for a degree of flexibility as the patient moves which allows for the electrodes to remain in contact with the patient (Mazar, Paragraph [0037]).
Claims 4 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Fadem in view of Mazar further in view of Salahieh et al. (U.S. PGPub. No. 2016/0051321) herein referred to as “Salahieh”.
Regarding claim 4, Fadem in view of Mazar discloses the adapter of claim 1.
However Fadem in view of Mazar does not explicitly disclose wherein the flexible portion extends from the rigid portion with a gap between the flexible portion and the rigid portion.
Salahieh discloses wherein the flexible portion extends from the rigid portion with a gap between the flexible portion and the rigid portion (one or more layers of the flexible circuit can have a discontinuity formed therein, the discontinuity can result in the flexible circuit having less relatively stiff material than without the discontinuity which can result in a more flexible circuit, the term “discontinuity” includes a gap and an aperture, Paragraph [0202]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Fadem in view of Mazar to incorporate the teachings of Salahieh by including wherein the flexible portion extends from the rigid portion with a gap between the flexible portion and the rigid portion. The motivation to do so being to allow for enhanced flexibility (Salahieh, Paragraph [0202]).
Regarding claim 24, Fadem discloses an adapter for a patient-monitoring device (electrode module 100, Figure 5, Col. 6, lines 3-30) comprising:
a rigid housing including an opening (upper clamshell member 102 and lower clamshell member 104, encompass the rigid flex circuit 110 which defines an opening (see modified Figure 5 below), Figure 5, Col. 6, lines 3-30);
PNG
media_image1.png
706
492
media_image1.png
Greyscale
a flexible printed circuit that is entirely within the rigid housing (rigid-flex circuit 110 entirely within housing 102, 104, Col. 6, lines 3-30) and that includes: a rigid portion that includes a rigid stiffener (upper rigid member 112 and lower rigid member 114, Figure 5, Col. 6, lines 50-67); and a flexible portion that includes a trace that extends from the rigid portion (flexible portions 116, 118 extend from the rigid portions 112,114, Figure 5), and a connector is disposed on the tip of the flexible portion (connector disposed on the tip of the flexible portions, Figures 6-11), is connected to one end of the trace and is connectable to an electrode assembly of the patient-monitoring device through the opening (connectors 116, 118, connectable to electrode modules 100 through opening of housing defined by 102,104 (see modified Figure 5 below), Figure 6-11, Col. 7, lines 45-67).
However Fadem does not explicitly disclose a gap between the flexible portion and the rigid portion.
Salahieh discloses wherein the flexible portion extends from the rigid portion with a gap between the flexible portion and the rigid portion (one or more layers of the flexible circuit can have a discontinuity formed therein, the discontinuity can result in the flexible circuit having less relatively stiff material than without the discontinuity which can result in a more flexible circuit, the term “discontinuity” includes a gap and an aperture, Paragraph [0202]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Fadem in view of Mazar to incorporate the teachings of Salahieh by including wherein the flexible portion extends from the rigid portion with a gap between the flexible portion and the rigid portion. The motivation to do so being to allow for enhanced flexibility (Salahieh, Paragraph [0202]).
However Fadem does not explicitly disclose wherein the flexible portion is moveable in two or three dimensions independent of the rigid portion.
Mazar discloses wherein the flexible portion is moveable in two or three dimensions independent of the rigid portion (the elastic layer 120 allows for a degree of movement in the X and Y directions, Paragraph [0038]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Fadem to incorporate
the teachings of Mazar by including wherein the flexible portion is moveable in two or three dimensions with respect to the rigid portion. The motivation to do so being to allow for a degree of flexibility as the patient moves which allows for the electrodes to remain in contact with the patient (Mazar, Paragraph [0037]).
Claims 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Fadem in view of Mazar further in view of Lewis, Jr. et al. (U.S. PGPub. No. 2015/0231415) herein referred to as “Lewis”.
Regarding claim 13, Fadem in view of Mazar discloses the adapter of claim 11.
However Fadem in view of Mazar does not explicitly disclose wherein the adapter and the sensor assembly both include a push tab to assist connecting or disconnecting the adapter and the sensor assembly.
Lewis discloses wherein the adapter and the sensor assembly both include a push tab to assist connecting or disconnecting the adapter and the sensor assembly (ultrasound transducer 40 includes a push tab 22, and adapter 10 includes a snap-fit tab 24, Figures 1-4, Paragraph [0095]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Fadem in view of Mazar to incorporate the teachings of Lewis by including wherein the adapter and the sensor assembly both include a push tab to assist connecting or disconnecting the adapter and the sensor assembly. The motivation to do so being to facilitate a stable mechanical coupling between the two parts (Lewis, Paragraph [0104]).
Regarding claim 14, Fadem in view of Mazar and Lewis discloses the adapter of claim 13.
However Fadem in view of Mazar does not explicitly disclose wherein the push tab of the sensor assembly is laterally offset relative to the push tab of the adapter.
Lewis discloses wherein the push tab of the sensor assembly is laterally offset relative to the push tab of the adapter (pull tab 22 and snap-fit tab 24 are laterally offset from each other, see modified Figure 12).
PNG
media_image2.png
296
343
media_image2.png
Greyscale
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have Fadem in view of Mazar to incorporate the teachings of Lewis by including wherein the push tab of the sensor assembly is laterally offset relative to the push tab of the adapter. The motivation to do so being to facilitate a stable mechanical coupling between the two parts (Lewis, Paragraph [0104]).
Regarding claim 15, Fadem in view of Mazar discloses the adapter of claim 1.
However Fadem in view of Mazar does not explicitly disclose wherein the adapter includes a first push tab; and the patient-monitoring device includes a sensor assembly that is connected to the adapter and that includes a second push tab; wherein the adapter and the sensor assembly are separated by applying forces to the first and second push tabs in opposite directions.
Lewis discloses wherein the adapter includes a first push tab (pull tab 22 connected to adapter 40, Figures 1-4, Paragraph [0094-0095]); and the patient-monitoring device includes a sensor assembly that is connected to the adapter and that includes a second push tab (snap-fit tab 24, Figures 1-4, Paragraph [0095]); wherein the adapter and the sensor assembly are separated by applying forces to the first and second push tabs in opposite directions (when applying force to the pull tab 22, a shear force is applied and causes both areas to split, (seen as an opposite force on the second tab 24 to dislodge the transducer 40, Paragraph [0095]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Fadem in view of Mazar to incorporate the teachings of Lewis by including wherein the adapter includes a first push tab; and the patient-monitoring device includes a sensor assembly that is connected to the adapter and that includes a second push tab; wherein the adapter and the sensor assembly are separated by applying forces to the first and second push tabs in opposite directions. The motivation to do so being to facilitate a stable mechanical coupling between the two parts (Lewis, Paragraph [0104]).
Regarding claim 16, Fadem in view of Mazar and Lewis discloses the adapter of claim 15.
However Fadem in view of Mazar does not explicitly disclose wherein the first and second push tabs are laterally offset from each other.
Lewis discloses wherein the first and second push tabs are laterally offset from each other (see modified Figure 12, first push tab 22 and second push tab 24).
PNG
media_image2.png
296
343
media_image2.png
Greyscale
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Fadem in view of Mazar to incorporate the teachings of Lewis by including wherein the first and second push tabs are laterally offset from each other. The motivation to do so being to facilitate a stable mechanical coupling between the two parts (Lewis, Paragraph [0104]).
Regarding claim 17, Fadem in view of Mazar and Lewis discloses the adapter of claim 16.
However Fadem in view of Mazar does not explicitly disclose wherein the first and second push tabs are laterally offset from each other such that a user's left thumb and left index finger can be used to separate the adapter and the sensor assembly.
Lewis discloses wherein the first and second push tabs are laterally offset (see modified Figure 12, first push tab 22 and second push tab 24) from each other such that a user's left thumb and left index finger can be used to separate the adapter and the sensor assembly (seen as intended use, Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)).
PNG
media_image2.png
296
343
media_image2.png
Greyscale
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Fadem in view of Mazar to incorporate the teachings of Lewis by including wherein the first and second push tabs are laterally offset from each other such that a user's left thumb and left index finger can be used to separate the adapter and the sensor assembly. The motivation to do so being to facilitate a stable mechanical coupling between the two parts (Lewis, Paragraph [0104]).
Regarding claim 18, Fadem in view of Mazar discloses the adapter of claim 15.
However Fadem in view of Mazar does not explicitly disclose wherein one of the adapter and the sensor assembly includes arms, and the other of the sensor assembly and the adapter includes ledges that are engageable with the arms.
Lewis discloses wherein one of the adapter and the sensor assembly includes arms, and the other of the sensor assembly and the adapter includes ledges that are engageable with the arms (adapter 40 comprises arms that are engageable with the threaded region 17 (seen as ledges) of the ultrasound coupling adapter 10 (seen as the sensor assembly), Paragraph [0108], Figure 9).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have Fadem in view of Mazar to incorporate the teachings of Lewis by including wherein one of the adapter and the sensor assembly includes arms, and the other of the sensor assembly and the adapter includes ledges that are engageable with the arms. The motivation to do so being to prevent unwanted decoupling of the two parts (Lewis, Paragraph [0059]).
Regarding claim 19, Fadem in view of Mazar and Lewis discloses the adapter of claim 18.
However Fadem in view of Mazar does not explicitly disclose wherein each of the arms includes a slot that receives a corresponding ledge.
Lewis discloses wherein each of the arms includes a slot that receives a corresponding ledge (ultrasound transducer 40 comprises slots to allow the threads 17 (seen as ledges) of the ultrasound coupler to screw together, Paragraph [0108], Figure 9).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Fadem in view of Mazar to incorporate the teachings of Lewis by including wherein each of the arms includes a slot that receives a corresponding ledge. The motivation to do so being to prevent unwanted decoupling of the two parts (Lewis, Paragraph [0059]).
Regarding claim 20, Fadem in view of Mazar and Lewis discloses the adapter of claim 15.
Fadem further discloses wherein the sensor assembly includes a grip to assist in gripping the sensor assembly (control box interface module 230 comprising a housing (seen as having a grip), Figure 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dana Stumpfoll whose telephone number is (703)756-4669. The examiner can normally be reached 9-5 pm (CT), M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached on (303) 297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/D.S./Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
Prosecution Insights