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 . 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 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.
Response to Amendment
This Office Action is responsive to the amendment filed 12/12/2025 (“Amendment”). Claims 1-8 are currently under consideration. The Office acknowledges the amendments to claims 1-6 and 8.
The objection(s) to the drawings, specification, and/or claims, the interpretation(s) under 35 USC 112(f), and/or the rejection(s) under 35 USC 101 and/or 35 USC 112 not reproduced below has/have been withdrawn in view of the corresponding amendments.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
Claims 1, 2, 7, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over various teachings of International Application Publication WO 2018/168797 (“Ota,” with the below citations to US Patent Application Publication 2019/0380624, which is considered an English-language translation) in view of US Patent Application Publication 2010/0160834 (“Fong”).
Regarding claim 1, Ota teaches [a] sphygmomanometer having an automatic blood pressure measurement mode for automatically starting blood pressure measurement according to a predetermined schedule (Fig. 1, nocturnal blood pressure measurement mode 3a, ¶ 0035), the sphygmomanometer comprising: a sphygmomanometer main body configured to be mounted on a measured part (¶ 0029, a blood pressure measuring apparatus attachable to the wrist); an operation unit that is mounted, as a hardware element, on the sphygmomanometer main body (¶ 0031, operation unit 16 including buttons, a touch panel, etc. Also see Fig. 1, measurement posture determining unit 2, height detection unit 6, measurement mode unit 3, etc., controlled by controller 15 as described in ¶ 0030. Although it is not explicit that the buttons of ¶ 0031 are the buttons that control the above units (except e.g. for mode selection as described in ¶ 0034), 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 use these buttons on the device body for performing operations, for the purpose of controlling measurement settings and obtaining inputs - ¶ 0031), the operation unit including an automatic blood pressure measurement mode switch to which an automatic blood pressure measurement mode instruction is input for switching a mode to the automatic blood pressure measurement mode (Fig. 1, nocturnal blood pressure measurement mode 3a, via selector 5 (¶ 0034)); and a processor configured to function as a restriction unit that restricts [a function of the operation unit] when the sphygmomanometer is set in the automatic blood pressure measurement mode as a result of the automatic blood pressure measurement mode switch being operated (Fig. 1, controller 15; Fig. 2, steps S1 and S2, disabling measurement posture determination in the nocturnal mode, ¶ 0014, etc.).
Ota does not appear to explicitly teach the restriction unit restricting cancellation of the automatic blood pressure measurement mode when the sphygmomanometer is set in that mode.
Fong teaches requiring a button to be pressed continuously for five seconds before the button activation is confirmed, and maintains current function otherwise, including the display of an on/off indicator (¶ 0044).
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 restrict mode cancellation by requiring a long button press (including during a particular intermittent measurement – Ota: ¶ 0007), as in Fong, and to maintain current function otherwise, for the purpose of ensuring that the change was not accidentally made (Fong: ¶ 0044).
Regarding claim 2, Ota-Fong teaches all the features with respect to claim 1, as outlined above. Ota-Fong further teaches wherein the operation unit includes a manual blood pressure measurement switch to which a blood pressure measurement instruction is input for a manual blood pressure measurement mode in which the blood pressure measurement is performed according to an input of the blood pressure measurement instruction (Fig. 1, normal blood pressure measurement mode 3b, via e.g. a button associated with selector 5), and the processor is configured to function as the restriction unit to restrict performing the blood pressure measurement according to the blood pressure measurement instruction by the manual blood pressure measurement switch when the sphygmomanometer is set in the automatic blood pressure measurement mode (Ota: ¶ 0034, the selector 5 selects one of the modes, such that the normal mode is restricted when the nocturnal mode is selected).
Regarding claims 7 and 8, Ota-Fong teaches all the features with respect to claim 1, as outlined above. Ota-Fong further teaches wherein the measured part is a wrist (Ota: ¶ 0029), further comprising: a blood pressure measuring cuff provided integrally with the sphygmomanometer main body (Ota: Fig. 1, cuff 11), wherein the processor is mounted on the sphygmomanometer main body (Ota: Fig. 1, in the blood pressure measuring apparatus 1), and the processor is configured to function as a blood pressure measurement unit that temporarily presses the wrist by the blood pressure measuring cuff and performs the blood pressure measurement by an oscillometric method that detects pressure in the cuff (Ota: ¶ 0087).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Ota-Fong in view of US Patent 5,178,152 (“Ozawa”) and US Patent Application Publication 2016/0193468 (“Rondoni”).
Regarding claim 3, Ota-Fong teaches all the features with respect to claim 1, as outlined above. Ota-Fong further teaches wherein the operation unit includes a power supply instruction switch to which an instruction to turn on or off a power supply of the sphygmomanometer is input (Ota: Fig. 1, electric power source unit 19, ¶ 0036, it would have been obvious to include “off” and “on” buttons for the purpose of conserving power as already described), but does not appear to explicitly teach the processor is configured to function as the restriction unit to restrict turning off of the power supply of the sphygmomanometer by operation of the power supply instruction switch when the sphygmomanometer is set in the automatic blood pressure measurement mode.
Ozawa teaches preventing cut-off in power during a blood pressure measurement mode (col. 7, lines 51-60).
Rondoni teaches taking measures to prevent accidental engagement of an “off” button during the night (¶ 0054).
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 restrict turning off the power supply in the nocturnal measurement mode of Ota, especially during sleep when the button may accidentally be touched (Rondoni: ¶ 0054), since measurements are still desired to be obtained (Ozawa: col. 7, lines 51-60; Rondoni: ¶ 0054).
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Ota-Fong in view of US Patent Application Publication 2008/0161654 (“Teller”).
Regarding claim 4, Ota-Fong teaches all the features with respect to claim 1, as outlined above. Ota-Fong does not appear to explicitly teach wherein the automatic blood pressure measurement mode switch is a self-return type switch configured to be in an on-state only while being pressed, and to return to an off-state when released.
Teller teaches using a button to control a momentary switch of a medical diagnostic device (¶¶s 0131, 0142, 0197, etc.).
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 make the automatic blood pressure measurement mode switch of the combination a self-return type switch, as in Teller, as the simple substitution of one type of switch for another, with predictable results (on-off control of the mode), and for the purpose of triggering events (Teller: ¶ 0131).
Regarding claim 5, Ota-Fong-Teller teaches all the features with respect to claim 4, as outlined above. Ota-Fong-Teller further teaches wherein the sphygmomanometer main body includes a display device (Ota: Fig. 1, display 17), and the processor is configured to function as the restriction unit to: cause the display device to maintain a display indicating that the sphygmomanometer is set in the automatic blood pressure measurement mode until a predetermined display time elapses after the automatic blood pressure measurement mode switch is being operated when the sphygmomanometer is set in the automatic blood pressure measurement mode (Ota: ¶ 0031, describing displaying the blood pressure operation), and cancel the automatic blood pressure measurement mode only by the automatic blood pressure measurement mode switch being continuously pressed for longer than a predetermined input time at a predetermined time interval when the display device maintains the display (Fong teaches requiring a button to be pressed continuously for five seconds before the button activation is confirmed, and maintains current function otherwise, including the display of an on/off indicator (¶ 0044). 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 restrict mode cancellation by requiring a long button press (including during a particular intermittent measurement – Ota: ¶ 0007), as in Fong, and to maintain current function otherwise, for the purpose of ensuring that the change was not accidentally made (Fong: ¶ 0044)).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Ota-Fong in view of US Patent Application Publication 2007/0239040 (“Takeoka”).
Regarding claim 6, Ota-Fong teaches all the features with respect to claim 1, as outlined above. Ota-Fong further teaches wherein the operation unit includes a clock setting instruction switch to which a clock setting instruction is input for performing a clock setting of the sphygmomanometer (Ota: ¶¶s 0035,0036, etc., a clock for setting measurement times and intervals), but does not appear to explicitly teach the processor is configured to function as the restriction unit to restrict performing of the clock setting by operation of the clock setting instruction switch when the sphygmomanometer is set in the automatic blood pressure measurement mode.
Takeoka teaches restricting clock-setting when a blood pressure device is in lock mode, which is a mode designed to restrict certain functions (Fig. 4, no clock-setting in lock mode branch – also see ¶ 0056).
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 restrict certain functions when in the nocturnal blood pressure measurement mode of Ota, including a clock-setting function as in Takeoka, for the purpose of saving power (Ota: ¶ 0036), and for preventing undesirable changes (Takeoka: ¶ 0008, Fig. 4, S16, S17).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over at least claim 2 of U.S. Patent No. 11,412,955 (“Omron”) in view of Ota, Fong, Ozawa, Rondoni, Teller, and/or Takeoka. Claim 2 of Omron teaches all features except for those made up by Ota, Fong Ozawa, Rondoni, Teller, and/or Takeoka as outlined above.
Response to Arguments
Applicant’s arguments filed 12/12/2025 have been fully considered. They are persuasive to the extent that Ota does not appear to explicitly teach the restriction unit restricting cancellation of the automatic blood pressure measurement mode when the sphygmomanometer is set in that mode. Therefore, a new grounds of rejection is made in view of Fong, and all claims remain rejected in light of the prior art.
Fong teaches the desirability of a long press to confirm a button activation, and it does not say that its teachings are limited only to power on/off operations. Therefore, the combination is maintained.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREY SHOSTAK whose telephone number is (408) 918-7617. The examiner can normally be reached Monday-Friday, 7am-3pm PT.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Robertson, can be reached at telephone number (571) 272-5001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
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) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/ANDREY SHOSTAK/Primary Examiner, Art Unit 3791