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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 09/17/2025 and 01/23/2026 are being considered by the examiner.
Response to Amendment
The amendment filed 09/17/2025 has been entered. Claims 33, 35-44 and 53-61 remain pending in the application. Claims 34 and 45-52 have been cancelled. Applicant’s amendments to the claim 41 have not overcome the 112(b) rejections previously set forth in the Non-final Office Action mailed 06/18/2025.
Regarding claim 41, the claim is amended from “two pads” to “a plurality of ground pads” this is still indefinite because in claim 39 the ground pad is still described as “at least one ground pad” it is recommended to amend the “at least one ground pad” language to “multiple ground pads” or “one or more ground pads”
Response to Arguments
In regards to claim 33 (see page 8 lines 1-24), applicant argues that the bolded lines “a circuit layer secured between the first and second frame portions” and “the first internal ECG electrode configured to be secured to a first portion of the user's skin via the one or more substrates at a location that is underneath the base when the ECG device is in use, wherein the first portion of the circuit layer is movable relative to the frame to allow the first internal ECG electrode to conform to the first portion of the user's skin while maintaining electrical connection to the circuit layer.“ traverses the rejections.
Applicant’s arguments with respect to claim(s) 33 and dependent claims 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 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 33,37,42-44 and 53-60 is/are rejected under 35 U.S.C. 103 as being unpatentable over Merry et al. (US 20030068914 A1) in view of Mazer et al. (US20110144470A1) herein referred to as “Mazer”.
Regarding claim 33, Merry discloses: An electrocardiogram (ECG) device comprising: a base comprising a frame and one or more substrates coupled to the frame and configured for placement on skin of a user ([Figure 3]; Merry discloses a base with a frame and substrate 236 configured to be placed on an users body), the frame comprising a first frame portion and a second frame portion coupled to the first frame portion ([Figure 3]; Merry discloses a frame with a top portion and bottom portion); a plurality of cables and corresponding external ECG electrodes ([Figure 1A]; Leads 110, which are seen as cables attached to electrodes 112a-112f), said external ECG electrodes configured to be secured to the user's skin away from the base ([Figure 2]) and further configured to detect electrical signals indicative of cardiac activity of the user ([0026]; “The "sizing cut-out" then determines which of the electrode contacts 114, and thus, which of the nine sensors 112 will be active. For example, if a responder determines that a patient is of a size that warrants the use of a small electrode mask, the responder would place the electrode mask's connecting portion 106 at the appropriate locator cut-out 102 that corresponds to the size of the patient. By doing so, the appropriate electrode contacts 114 are lined up to receive and transmit ECG signals to the ECG device”) ; a circuit layer secured between the first and second frame portions ([Figure 2] Merry discloses the circuit layer 100 secured between a top and bottom frame piece) and comprising a first plurality of conductive strips ([Figure 1A] conductive strips 114), each of the first plurality of conductive strips electrically connected to a respective one of the plurality of cables ([Figure 1A]).
Merry does not disclose: and a first internal ECG electrode electrically connected to a first portion of the circuit layer, the first internal ECG electrode configured to be secured to a first portion of the user's skin via the one or more substrates at a location that is underneath the base when the ECG device is in use, wherein the first portion of the circuit layer is movable relative to the frame to allow the first internal ECG electrode to conform to the first portion of the user's skin while maintaining electrical connection to the circuit layer.
However, Mazer discloses: and a first internal ECG electrode ([Figure 2B]; electrodes 207A-207D) electrically connected to a first portion of the circuit layer ([Figure 3]), the first internal ECG electrode configured to be secured to a first portion of the user's skin ([0016]; “At least one electrode is affixed to the base layer and is capable of electrically coupling to the skin of a subject. A flexible circuit is connected to the at least one electrode, and a circuit carrier holding electronic components is electrically connected to the at least one electrode via the flexible circuit and configured to measure at least one physiologic signal of the subject.”) via the one or more substrates ([Figure 2B]; substrate 202) at a location that is underneath the base when the ECG device is in use ([Figure 2A]; Mazer discloses electrodes below the base of ECG device), wherein the first portion of the circuit layer is movable relative to the frame to allow the first internal ECG electrode to conform to the first portion of the user's skin while maintaining electrical connection to the circuit layer. ([0060]; “For example, at least the portion of flexible circuit 206 in contact with support patch 201 may have a serpentine shape that allows support patch 201 to stretch and conform itself to the skin of the subject to which adherent device 100 is adhered”)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrocardiogram device as disclosed by Merry with the electrode positioned underneath the base as disclosed by Mazer. The motivation being to provide an electrode under the frame to monitor the patient ([0026]) and the circuit layer as further disclosed by Mazer the motivation being to have a flexible circuit that is able to conform to the patient’s skin ([0060])
Regarding claim 37, Merry in view of Mazer disclose: The ECG device of Claim 33. Mazer further discloses: further comprising: a second internal ECG electrode ([Figure 2B]; electrodes 207A-207D) electrically connected to a second portion of the circuit layer ([Figure 3]; Multiple electrodes placed along different portions of a flexible circuit), the second internal ECG electrode configured to be secured to a second portion of the user's skin ([0016]; “At least one electrode is affixed to the base layer and is capable of electrically coupling to the skin of a subject. A flexible circuit is connected to the at least one electrode, and a circuit carrier holding electronic components is electrically connected to the at least one electrode via the flexible circuit and configured to measure at least one physiologic signal of the subject.”) via the one or more substrates ([Figure 2B]; substrate 202) at another location that is underneath the base when the ECG device is in use ([Figure 2A]; Mazer discloses electrodes below the base of ECG device), wherein the second portion of the circuit layer is movable relative to said frame to allow the second internal ECG electrode to conform to the second portion of the user's skin while maintaining electrical connection to the circuit layer. ([0060]; “For example, at least the portion of flexible circuit 206 in contact with support patch 201 may have a serpentine shape that allows support patch 201 to stretch and conform itself to the skin of the subject to which adherent device 100 is adhered” which is seen as being movable relative to the frame)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrocardiogram device as disclosed by Merry with the electrode positioned underneath the base as disclosed by Mazer, the motivation being to provide a electrode below the frame that is able to monitor the patient ([0026])
Regarding claim 42, Merry in view of Mazer disclose: The ECG device of Claim 33. Merry further discloses: wherein the circuit layer further comprises a second plurality of conductive strips ,([Figure 1B]; strips on the right 114 separated from the strips on the left) the second plurality of conductive strips configured to transmit the electrical signals indicative of the user's cardiac electrical activity. ([0026]; “By doing so, the appropriate electrode contacts 114 are lined up to receive and transmit ECG signals to the ECG device.’)
Regarding claim 43, Merry in view of Mazer disclose: The ECG device of Claim 42. Merry further discloses: further comprising wherein: a disposable portion,([0017]; “The system 200 includes a disposable precordial electrode mask 100 (shown in more detail in FIGS. 1A and 1B),”) the disposable portion comprising, said plurality of cables ([Figure 1A]; 110 ) and corresponding external ECG electrodes ([Figure 1A]; 112a-112f), said circuit layer ([Figure 1A]; 100), and; the ECG device further comprises a reusable portion ([Figure 2]; 202) configured to mechanically and electrically couple with the disposable portion, the reusable portion comprising a plurality of electrical connectors configured to electrically connect with the second plurality of conductive strips of the circuit layer of the disposable portion when the reusable portion is coupled with the disposable portion ([0032]; “Referring back to FIG. 3, the printed circuit board 292 lies adjacent to the elastomeric connector 290 when the connector 202 is closed to provide for electrical continuity between the elastomeric electrical connector 290 engaged with the electrode contacts 114 of the electrode mask 100 and the ECG device 206”).
Merry does not disclose: wherein said base, and said first internal ECG electrode form a disposable portion of the ECG device.
However, Mazer discloses: wherein said base, and said first internal ECG electrode form a disposable portion of the ECG device ([0042]; “The module may collect cumulative data for approximately 90 days and/or the entire adherent component (electronics+patch) may be disposable”).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrocardiogram device as disclosed by Merry with the disposable base and electrode portion the motivation being the to continuously acquire data and reuse with a different base portion ([0042]).
Regarding claim 44, Merry in view of Mazer disclose: The ECG device of Claim 43. wherein the base frame comprises a plurality of pin supports, ([0030]; “The underside of the connector's upper portion 218 contains six ribs (not shown) to press downward on the elastomeric connector 290, protruding through the upper member 232 of the base portion 224, at predetermined positions that correlate to the contact areas of the electrode mask 100 to provide a reliable and misalignment tolerant connection to the electrode mask 100 of FIG. 1A” wherein ribs are seen as pin supports) each of the plurality of pin supports configured to support one of the second plurality of conductive strips of the circuit layer. ([0030] “More specifically, the elastomeric electrical connector 290 projects through a slot 273 in the surface 272 of the upper member 232. The underside of the connector's upper portion 218 contains six ribs (not shown) to press downward on the elastomeric connector 290, protruding through the upper member 232 of the base portion 224, at predetermined positions that correlate to the contact areas of the electrode mask 100 to provide a reliable and misalignment tolerant connection to the electrode mask 100 of FIG. 1A” wherein the ribs are seen as pin supports and the contact strips are part of the contact area of mask 100).
Regarding claim 53, Merry in view of Mazer disclose: The ECG device of Claim 43. Merry further disclose: wherein the disposable portion does not include a power source. ([Figure 1A]; Merry discloses disposable mask 100 does not include a power source)
Regarding claim 54, Merry in view of Mazer disclose: The ECG device of Claim 43. Merry does not explicitly disclose: wherein the reusable portion is configured to provide power to the disposable portion.
However, Mazer discloses: wherein the reusable portion is configured to provide power to the disposable portion. ([0042]; “The module may collect cumulative data for approximately 90 days and/or the entire adherent component (electronics+patch) may be disposable.” , “In some embodiments, the device may have a rechargeable module, and may use dual battery and/or electronics modules, wherein one module 101A can be recharged using a charging station 103 while the other module 101B is placed on the adherent patch with connectors”)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrocardiogram device as disclosed by Merry with the power source as disclosed by Mazer the motivation being to replace a power cable with a built in power source to yield the predictable result of providing energy to the module.
Regarding claim 55, Merry in view of Mazer disclose: The ECG device of Claim 43. Merry further discloses: wherein the disposable portion does not include a processor. ([Figure 1A]; Merry discloses a disposable mask 100 that does not include a processor)
Regarding claim 56, Merry discloses: An electrocardiogram (ECG) device comprising: a base comprising a frame and one or more substrates coupled to the frame and configured to be secured to skin of a user; ([Figure 3] and a slit or opening in the main body ([Figure 1A]; Openings 102a – 102c]); Merry discloses a base with a frame and substrate 236 configured to be placed on an users body) and a plurality of external ECG electrodes configured to output one or more signals responsive to cardiac electrical activity of the user; ([0029]; “Generally, during the operation of the present invention, the ECG signals travel from the electrode mask 100 through the connector 202 through the electrical components 294,”) a circuit layer comprising a main body secured to the frame ([Figure 1A]; 106 and [Figure 2]; 106 is secured to frame 202); a plurality of cables extending away from the frame ([Figure 2]; Merry discloses cables extending away from frame 202) and configured to facilitate electrical communication between the plurality of external ECG electrodes and the circuit layer, ([0017]; “The electrode mask 100 includes a plurality of leads 110 terminating in electrode sensors 112 located in the sensor portion 108 and electrode contacts 114 located in the connecting portion 106 of the electrode mask 100.”) wherein the plurality of external ECG electrodes are separate from the base and are mechanically tethered to the base via the plurality of cables; ([0017]; “The locator cut-outs 102a, 102b, and 102c are suitably shaped for engagement to an electrode connector, formed in accordance with the present invention, thus allowing the electrode mask 100 to be selectively engaged to the electrode connector for connecting a selected one of the three sets of six sensors to the ECG device, depending on the torso size. As used herein, "electrode connector" designates a device for connecting the electrode mask 100 to an ECG device, such as an ECG monitor and/or defibrillator.”). Merry does not disclose: a movable portion that is configured to flex and rotate relative to the main body and the frame and an internal ECG electrode operably positioned to be in electrical contact with a portion of the user's skin that is covered by the base when the ECG device is in use, wherein the internal ECG electrode is connected to the movable portion of the circuit layer to allow the internal ECG electrode to conform to the portion of the user's skin while maintaining electrical connection to the circuit layer.
However, Mazer discloses: a movable portion that is configured to flex and rotate relative to the main body and the frame. ([0060]; “For example, at least the portion of flexible circuit 206 in contact with support patch 201 may have a serpentine shape that allows support patch 201 to stretch and conform itself to the skin of the subject to which adherent device 100 is adhered”) and an internal ECG electrode ([Figure 2B]; electrodes 207A-207D) operably positioned to be in electrical contact with a portion of the user's skin that is covered by the base when the ECG device is in use, ([0016]; “At least one electrode is affixed to the base layer and is capable of electrically coupling to the skin of a subject. A flexible circuit is connected to the at least one electrode, and a circuit carrier holding electronic components is electrically connected to the at least one electrode via the flexible circuit and configured to measure at least one physiologic signal of the subject.”) wherein the internal ECG electrode is connected to the movable portion of the circuit layer to allow the internal ECG electrode to conform to the portion of the user's skin while maintaining electrical connection to the circuit layer. ([0060]; “For example, at least the portion of flexible circuit 206 in contact with support patch 201 may have a serpentine shape that allows support patch 201 to stretch and conform itself to the skin of the subject to which adherent device 100 is adhered”)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrocardiogram device as disclosed by Merry with the electrode positioned underneath the base as disclosed by Mazer. The motivation being to provide an electrode under the frame to monitor the patient ([0026]) and the circuit layer as further disclosed by Mazer the motivation being to have a flexible circuit that is able to conform to the patient’s skin ([0060])
Regarding claim 57, Merry in view of Mazer disclose: The ECG device of Claim 56. Mazer further discloses: wherein the frame comprises an opening configured to receive at least a portion of the internal ECG electrode ([0020]; “. In some embodiments, the underlayer comprises at least one opening through which electrical contact is made between the at least one electrode and the skin of the subject”), and wherein the internal ECG electrode and the movable portion of the circuit layer are movable relative to said opening. ([0021]; “A flexible circuit is connected to the at least one electrode, and is configured to stretch.” Which is seen as movable relative to said opening)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrocardiogram device as disclosed by Merry with the electrode positioned underneath the base as disclosed by Mazer. The motivation being to provide an electrode under the frame to monitor the patient ([0026]) and the circuit layer as further disclosed by Mazer the motivation being to have a flexible circuit that is able to conform to the patient’s skin ([0060])
Regarding claim 58, Merry in view of Mazer disclose: The ECG device of Claim 56. Mazer further discloses: wherein the internal ECG electrode is operably positioned to be in electrical contact with the portion of the user's skin via one of the one or more substrates. ([0020] “In some embodiments, the adherent device further comprises a gel patch under each electrode, and each gel patch enhances electrical conductivity between its respective electrode and the skin of the subject”, wherein gel is seen as a substrate)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrocardiogram device as disclosed by Merry with the gel in base as disclosed by Mazer the motivation being to enhance electrical activity. ([0020])
Regarding claim 59, Merry discloses: An electrocardiogram (ECG) device comprising: a base comprising a frame and one or more substrates coupled to the frame and configured to be secured to skin of a user; ([Figure 3]; Merry discloses a base with a frame and substrate 236 configured to be placed on an users body) a circuit layer comprising a main body secured to the frame, ([Figure 1A]; 106 and [Figure 2]; 106 is secured to frame 202) a first slit or opening in the main body ([Figure 1A]; Openings 102a – 102c]; Merry discloses a base with a frame and substrate 236 configured to be placed on an users body) and a second slit or opening in the main body ([Figure 1A]; Openings 102a – 102c); A first portion and a second portion; ([Figure 1A]; Portion 1 is to the left of openings 102 and portion 2 is to the right) a plurality of external ECG electrodes configured to output one or more signals responsive to cardiac electrical activity of the user; ([0029]; “Generally, during the operation of the present invention, the ECG signals travel from the electrode mask 100 through the connector 202 through the electrical components 294,”) a plurality of cables extending away from the frame ([Figure 2]; Merry discloses cables extending away from frame 202) and configured to facilitate electrical communication between the plurality of external ECG electrodes and the circuit layer, ([0017]; “The electrode mask 100 includes a plurality of leads 110 terminating in electrode sensors 112 located in the sensor portion 108 and electrode contacts 114 located in the connecting portion 106 of the electrode mask 100.”) wherein the plurality of external ECG electrodes are separate from the base and are mechanically tethered to the base via the plurality of cables; ([0017]; “The locator cut-outs 102a, 102b, and 102c are suitably shaped for engagement to an electrode connector, formed in accordance with the present invention, thus allowing the electrode mask 100 to be selectively engaged to the electrode connector for connecting a selected one of the three sets of six sensors to the ECG device, depending on the torso size. As used herein, "electrode connector" designates a device for connecting the electrode mask 100 to an ECG device, such as an ECG monitor and/or defibrillator.”). Merry does not disclose: movable portions that is configured to flex and rotate relative to the main body and the frame, ([017]; “ According to some embodiments, the adherent device further includes a gel patch under each electrode, and each gel patch enhances electrical conductivity between its respective electrode and the skin of the subject. The flexible circuit is configured to be stretchable.’) and a first internal ECG electrode ([Figure 2B]; electrodes 207A-207D) operably positioned to be in electrical contact with a first portion of the user's skin that is covered by the base when the ECG device is in use, ([0016]; “At least one electrode is affixed to the base layer and is capable of electrically coupling to the skin of a subject. A flexible circuit is connected to the at least one electrode, and a circuit carrier holding electronic components is electrically connected to the at least one electrode via the flexible circuit and configured to measure at least one physiologic signal of the subject.”) wherein the first internal ECG electrode is connected to the first movable portion of the circuit layer to allow the first internal ECG electrode to conform to the first portion of the user's skin while maintaining electrical connection to the circuit layer; and a second internal ECG electrode operably positioned to be in electrical contact with a second portion of the user's skin that is covered by the base when the ECG device is in use, wherein the second internal ECG electrode is connected to the second movable portion of the circuit layer to allow the second internal ECG electrode to conform to the second portion of the user's skin while maintaining electrical connection to the circuit layer.
However, Mazer discloses: movable portions that is configured to flex and rotate relative to the main body and the frame, ([0017]; “ According to some embodiments, the adherent device further includes a gel patch under each electrode, and each gel patch enhances electrical conductivity between its respective electrode and the skin of the subject. The flexible circuit is configured to be stretchable.”) and a first internal ECG electrode operably positioned to be in electrical contact with a first portion of the user's skin that is covered by the base when the ECG device is in use, ([0016]; “At least one electrode is affixed to the base layer and is capable of electrically coupling to the skin of a subject. A flexible circuit is connected to the at least one electrode, and a circuit carrier holding electronic components is electrically connected to the at least one electrode via the flexible circuit and configured to measure at least one physiologic signal of the subject.”) wherein the first internal ECG electrode is connected to the first movable portion of the circuit layer ([Figure 2B]; Electrodes 207A-207B on flexible circuit 206) to allow the first internal ECG electrode to conform to the first portion of the user's skin while maintaining electrical connection to the circuit layer; ([0049]; “electrodes 207A, 207B, 207C, and 207D that during use are in electrical contact with the skin of the subject.”) electrode operably positioned to be in electrical contact with a second portion of the user's skin that is covered by the base when the ECG device is in use,([0049]) wherein the second internal ECG electrode is connected to the second movable portion of the circuit layer ([Figure 2B]; The second set of electrodes 207C-207D are seen to be in a second portion of electrode layer 206) to allow the second internal ECG electrode to conform to the second portion of the user's skin while maintaining electrical connection to the circuit layer. ([0060]; “For example, at least the portion of flexible circuit 206 in contact with support patch 201 may have a serpentine shape that allows support patch 201 to stretch and conform itself to the skin of the subject ‘)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrocardiogram device as disclosed by Merry with the electrode positioned underneath the base as disclosed by Mazer. The motivation being to provide an electrode under the frame to monitor the patient ([0026]) and the circuit layer as further disclosed by Mazer the motivation being to have a flexible circuit that is able to conform to the patient’s skin ([0060])
Regarding claim 60, Merry in view of Mazer disclose: The ECG device of Claim 59. Mazer further discloses: wherein: the one or more substrates comprises a first substrate and a second substrate, ([Figure 2B]; substrate 214A and 214B) each of the first and second substrates comprising an electrically conductive material, ([0053]; “Each of gels 214A, 214B, 214C, and 214D comprises a hydrogel patch of electrically conductive gel material that enhances electrical conductivity”) the first and second substrates separated from one another by a channel; ([Figure 2B]; Substrates 214A and 214B are separated by channel 202) the first internal ECG electrode is operably positioned to be in electrical contact with the first portion of the user's skin via the first substrate; and the second internal ECG electrode is operably positioned to be in electrical contact with the second portion of the user's skin via the second substrate. ([0067]; “one gel disposed under each of electrodes 207A, 207B, 207C, and 207D. Gel patches 214A, 214B, 214C, and 214D enhance electrical conductivity between electrodes 207A, 207B, 207C, and 207D and the skin of a subject to which adherent device 500 is adhered.”)
Further, It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrocardiogram device as disclosed by Merry with the conductive substrate as disclosed by Mazer the motivation being to increase electrical conductivity ([0053])
Claim(s) 35, 38,40 and 41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Merry in view of Mazer further in view of Nishimura (US 20070088227 A1).
Regarding claim 35, Merry in view of Mazer disclose: The ECG device of Claim 33. Merry in view of Mazer does not disclose: wherein the first portion of the circuit layer is formed by a slit extending through the circuit layer.
However, Nishimura discloses: wherein the first portion of the circuit layer is formed by a slit extending through the circuit layer. ([0063]; “ A notch 121 is formed in the connector 120. With the notch 121, the flat plate like connector 120 can be mounted in a connector mounting portion (to be described later) only in the correct direction.” Wherein the notch 121 is seen as a slit and [Figure 15A , Figure 15B]))
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrocardiogram device as disclosed by Merry in view of Mazer with the slit as disclosed by Nishimura the motivation being to better mount to the frame ([0063]).
Regarding claim 38, Merry in view of Mazer disclose: The ECG device of Claim 37. Merry does not disclose: wherein the second portion of the circuit layer formed by a slit extending through the circuit layer.
However, Nishimura discloses: wherein the second portion of the circuit layer formed by a slit extending through the circuit layer. ([0063]; “ A notch 121 is formed in the connector 120. With the notch 121, the flat plate like connector 120 can be mounted in a connector mounting portion (to be described later) only in the correct direction.” Wherein the notch 121 is seen as a slit and [Figure 15A , Figure 15B])
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrocardiogram device as disclosed by Merry in view of Mazer with the slit as disclosed by Nishimura the motivation being to better mount to the frame ([0063])
Regarding claim 40, Merry in view of Mazer disclose: The ECG device of Claim 33. Merry does not disclose: wherein: the circuit layer further comprises at least one ground pad spaced from the first plurality of conductive strips; and each of the plurality of cables comprises a first wire electrically connected to one of the first plurality of conductive strips and a second wire electrically connected to one of the at least one ground pad.
Regarding claim 41, Merry in view of Mazer further in view of Nishimura disclose: The ECG device of Claim 40. Nishimura further discloses: wherein: the plurality of cables comprises four cables;([Figure 4]; Nishimura discloses a plurality of 5 cables) the first plurality of conductive strips comprises four conductive strips;([Figure 5B] strips 117a-117e) the at least one ground pad comprises a plurality of ground pads;([Figure 8A]; Nishimura discloses ground pads 135f) the first wire of each of the four cables is electrically connected to a respective one of the four conductive strips;([Figure 4] Nishimura discloses the wires connected to strips 117a-117e) the second wire of each of two of the four cables is connected to a first one of the plurality of ground pads ([0079]; “The electrode pins 135f are in contact with the main body (a portion excluding the small regions 117a to 117e) of the lower shield pattern 117 to ground the lower shield pattern 117.” Which is seen as connecting with the cables); and the second wire of each of the other two of the four cables is connected to a second one of the plurality of ground pads. ([0079]; “The electrode pins 135f are in contact with the main body (a portion excluding the small regions 117a to 117e) of the lower shield pattern 117 to ground the lower shield pattern 117.” )
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrocardiogram device as disclosed by Merry in view of Mazer with the grounding pads as discloses by Nishimura the motivation being to provide the predictable result of grounding the circuit.
Regarding claim 41, Merry in view of Mazer further in view of Nishimura disclose: The ECG device of Claim 40. Nishimura further discloses: wherein: the plurality of cables comprises four cables;([Figure 4]; Nishimura discloses a plurality of 5 cables) the first plurality of conductive strips comprises four conductive strips;([Figure 5B] strips 117a-117e) the at least one ground pad comprises a plurality of ground pads;([Figure 8A]; Nishimura discloses ground pads 135f) the first wire of each of the four cables is electrically connected to a respective one of the four conductive strips;([Figure 4] Nishimura discloses the wires connected to strips 117a-117e) the second wire of each of two of the four cables is connected to a first one of the plurality of ground pads ([0079]; “The electrode pins 135f are in contact with the main body (a portion excluding the small regions 117a to 117e) of the lower shield pattern 117 to ground the lower shield pattern 117.” Which is seen as connecting with the cables); and the second wire of each of the other two of the four cables is connected to a second one of the plurality of ground pads. ([0079]; “The electrode pins 135f are in contact with the main body (a portion excluding the small regions 117a to 117e) of the lower shield pattern 117 to ground the lower shield pattern 117.” )
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrocardiogram device as disclosed by Merry in view of Mazer with the grounding pads as discloses by Nishimura the motivation being to provide the predictable result of grounding the circuit.
Claim(s) 36 and 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Merry in view of Mazer further in view of Mikalson et al (US 20120089037 A1) herein referred to as “Mikalson”
Regarding claim 36, Merry in view of Mazer disclose: The ECG device of Claim 33. Merry does not disclose: wherein the circuit layer comprises a first aperture and a first conductive ring positioned along the first aperture, the first conductive ring electrically connected to the first internal ECG electrode.
However, Mikalson discloses: wherein the circuit layer comprises a first aperture and a first conductive ring positioned along the first aperture, the first conductive ring electrically connected to the first internal ECG electrode. ([Figure 3]; Mikalson discloses rings 45a (first) and 45b (second) located along respective apertures and [ Figure 5]; connected to electrodes 48)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrocardiogram device as disclosed by Merry in view of Mazer with the rings as disclosed by Mikalson the motivation being to allow the monitor to stay attached to the patient ([0055])
Regarding claim 39, Merry in view of Mazer disclose: The ECG device of Claim 37. Merry does not disclose: wherein the circuit layer comprises a second aperture and a second conductive ring positioned along the second aperture, the second conductive ring electrically connected to the first internal ECG electrode.
However, Mikalson discloses: wherein the circuit layer comprises a second aperture and a second conductive ring positioned along the second aperture, the second conductive ring electrically connected to the first internal ECG electrode. ([Figure 3]; Mikalson discloses rings 45a (first) and 45b (second) located along apertures and [ Figure 5]; connected to electrodes 48)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrocardiogram device as disclosed by Merry with the rings as disclosed by Mikalson the motivation being to allow the monitor to stay attached to the patient ([0055])
Claim(s) 61 is/are rejected under 35 U.S.C. 103 as being unpatentable over Merry in view of Mazer further in view of Bell (US 20090306485 A1).
Regarding claim 61, Merry in view of Mazer disclose: The ECG device of Claim 60. Merry does not disclose: wherein said channel is at least partially curved.
However, Bell discloses: wherein said channel is at least partially curved. ([0041]; “FIG. 4 shows two mechanical housing modules, one flat 35, and one curved shaped 36,” and [Claim 2] “the system described in claim 1 where a design of mechanical housing for retaining the said electronic circuits and sensor modules can be flat or curved in shape to help conform to any surface the mechanical housing is to be wrapped, draped, bonded, or otherwise attached to or placed on.” wherein the sensor modules are seen as the channel)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the electrocardiogram device as disclosed by Merry in view of Mazer with the curved channel as disclosed by Bell the motivation being to conform to the application surface ([Claim 2]).
Conclusion
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/CASEY GEORGE CHA/Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794