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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-7, 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fung et al. (USPN 20160345907-previously cited).
Regarding claims 1 and 7, Fung et al. discloses a vital sign measurement device comprising: at least one sensor that is provided at a seat, and that is configured to contact a finger of a measurement subject and to measure a vital sign of the measurement subject, the seat comprising a seat surface portion on which a femoral region and buttocks of the measurement subject are to be placed and a seat back capable of being disposed along a back of the measurement subject, wherein the at least one sensor includes at least one side-portion sensor that is disposed at side surface portion formed by extending downward from a side edge of the seat surface portion, the side-portion sensor being disposed to face a lateral direction of the vehicle. See figure 1, [0041]-[0046], [0033]-[0037], wherein the side-portion sensor is positioned at a location reachable by the finger of the subject when the subject's arm is lowered to the side of the seat surface, in a state where the subject's upper body is leaning forward or resting against a seat back portion, wherein the side-portion sensor is configured to contact the finger of the subject (as shown in figure 1 and as pointed in the figure below, when the driver lowers his arm to the side of the seat surface the side-portion sensor is reachable by the finger of the subject).
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Regarding claim 2, Fung et al. discloses the at least one side-portion sensor includes a front side-portion sensor and a back side-portion sensor that are disposed apart from each other in a front- back direction of the seat surface portion. See figure 1, [0041]-[0046], [0033]-[0037].
Regarding claim 3, Fung et al. discloses the back side-portion sensor is disposed at a position that is lower than a position of the front side- portion sensor. See figure 1, [0041]-[0046], [0033]-[0037].
Regarding claim 4, Fung et al. discloses the at least one sensor includes a front- portion sensor that is disposed below a region in proximity to a side end of a front edge of the seat surface portion. See figure 1, [0041]-[0046], [0033]-[0037].
Regarding claim 5, Fung et al. discloses the at least one sensor includes a front-portion sensor that is disposed below a region in proximity to a side end of a front edge of the seat surface portion. See figure 1, [0041]-[0046], [0033]-[0037].
Regarding claim 6, Fung et al. discloses the at least one sensor includes a front- portion sensor that is disposed below a region in proximity to a side end of a front edge of the seat surface portion. See figure 1, [0041]-[0046], [0033]-[0037].
Regarding claim 18, Fung et al. discloses the at least one sensor further includes a front side-portion sensor and a back side-portion sensor that are disposed apart from each other in a front-back direction of the seat surface portion See figure 1, [0041]-[0046], [0033]-[0037].
Regarding claim 19, Fung et al. discloses the back side-portion sensor is disposed at a position that is lower than a position of the front side-portion sensor See figure 1, [0041]-[0046], [0033]-[0037]..
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-7, 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Benson et al. (USPN 2015/0313475-previously cited).
Regarding claims 1 and 7, Benson et al. discloses a vital sign measurement device comprising: at least one sensor that is provided at a seat, and that is configured to contact a finger of a measurement subject and to measure a vital sign of the measurement subject, the seat comprising a seat surface portion on which a femoral region and buttocks of the measurement subject are to be placed and a seat back capable of being disposed along a back of the measurement subject, wherein the at least one sensor includes at least one side-portion sensor (See figure 1, [0062]-[0066], [0078]). Benson et al. does not teach that the side-portion sensor is disposed at side surface portion formed by extending downward from a side edge of the seat surface portion, the side-portion sensor being disposed to face a lateral direction of the vehicle, wherein the side-portion sensor is positioned at a location reachable by the finger of the
subject when the subject's arm is lowered to the side of the seat surface, in a state where the subject's upper body is leaning forward or resting against a seat back portion wherein the side-portion sensor is configured to contact the finger of the subject. However, the choice of disposing the side-portion sensor at side surface portion formed by extending downward from a side edge of the seat surface portion, the side-portion sensor being disposed to face a lateral direction of the vehicle is considered to be an arbitrary design consideration that does not change the function of the claimed apparatus, and Applicant has not disclosed that this particular feature provides an advantage, is used for a particular purpose, or solves a stated problem. Therefore, at the time the instant invention was made before the effective filing date of the claimed invention (AIA ), one of skill in the art would have expected that apparatus of Benson et al. could have placed the side-portion sensor disposed at side surface portion formed by extending downward from a side edge of the seat surface portion, the side-portion sensor being disposed to face a lateral direction of the vehicle, because such a modification would have been considered a mere design consideration which fails to patentably distinguish over the prior art of Benson et al..
Regarding claim 2, Benson et al. discloses the at least one side-portion sensor includes a front side-portion sensor and a back side-portion sensor that are disposed apart from each other in a front- back direction of the seat surface portion, wherein the front side-portion sensor is configured to directly contact the finger. See figure 1, [0062]-[0066], [0078].
Regarding claim 3, Benson et al. discloses the back side-portion sensor is disposed at a position that is lower than a position of the front side- portion sensor, wherein the front side-portion sensor includes a contact surface that is configured to directly contact the finger. See figure 1, [0062]-[0066], [0078].
Regarding claim 4, Benson et al. discloses the at least one sensor includes a front- portion sensor that is disposed below a region in proximity to a side end of a front edge of the seat surface portion. See figure 1, [0062]-[0066], [0078].
Regarding claim 5, Benson et al. discloses the at least one sensor includes a front-portion sensor that is disposed below a region in proximity to a side end of a front edge of the seat surface portion. See figure 1, [0062]-[0066], [0078].
Regarding claim 6, Benson et al. discloses the at least one sensor includes a front- portion sensor that is disposed below a region in proximity to a side end of a front edge of the seat surface portion. See figure 1, [0062]-[0066], [0078].
Regarding claim 18, Benson et al. discloses the at least one sensor further includes a front side-portion sensor and a back side-portion sensor that are disposed apart from each other in a front-back direction of the seat surface portion, wherein the front side-portion sensor is configured to directly contact the finger (See figure 1, [0062]-[0066], [0078]).
Regarding claim 19, Benson et al. discloses the back side-portion sensor is disposed at a position that is lower than a position of the front side-portion sensor (See figure 1, [0062]-[0066], [0078]).
Response to Arguments
Applicant's arguments filed 04/09/2026 have been fully considered but they are not persuasive. Therefore, all the elements of Applicant's invention with respect to the specified claims are instantly disclosed or fully envisioned by the reference(s) cited above. It is noted that while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function.
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 MARJAN FARDANESH whose telephone number is (571)270-5508. The examiner can normally be reached Monday-Friday 9:00-17:00.
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/MARJAN FARDANESH/ Primary Examiner, Art Unit 3791
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