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 .
Response to Arguments
Applicant’s arguments with respect to claims 1-4, 6-8 have been considered but are moot in view of new grounds of rejections.
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, 4 rejected under 35 U.S.C. 103 as being unpatentable over Rixson [US 20100186752 A1] in view of Li [US 20170231512 A1], and further in view of Lamego [US 20120330112 A1]
As per claim 1, Rixson teaches a wearable blood pressure measurement device (Rixson Figs 2-3), comprising:
an inner sleeve that is configured to be independently wearable on a limb of a user (Rixson Fig 2 cuff liner. ¶0011 “Once applied to the patient, the blood pressure cuff of a sphygmomanometer can be wrapped around the patient's limb and over the cuff liner”, i.e. sleeve is capable of being independently worn)
a cuff module that is configured to be positioned over the inner sleeve when the inner sleeve is positioned on the user (Rixson Fig 3, ¶0016)
the cuff module comprising: a cuff configured to partially surround configured for placement over the inner sleeve (Rixson ¶0016 “The blood pressure cuff of a sphygmomanometer 140”); a bladder assembly having one or more bladders configured to expand and contract in response to a flow of a fluid therethrough (Rixson ¶0016 “The blood pressure cuff of a sphygmomanometer 140 can then be wrapped around the patient's limb and over the cuff liner, and inflated to measure the patient's blood pressure”, requires a bladder for the air); and
Rixson does not expressly teach a first attachment mechanism and a second attachment mechanism, the second attachment mechanism attachable to the first attachment mechanism, and a processor operably coupled to one or more sensors and configured to measure a blood pressure of the user while controlling expansion and contraction of the bladder assembly.
Li, in a related field of blood pressure cuff, teaches a first attachment mechanism and a second attachment mechanism, the second attachment mechanism attachable to the first attachment mechanism Li Figs 7-8 items 9 and 12, ¶0044).
As per MPEP 2143.I. examples of rationales that may support a conclusion of obviousness include combining prior art elements according to known methods to yield predictable results. In the instant case the claims are directed to combine prior art Velcro connection with the cuff liner of Rixson. Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify the apparatus in Rixson, by adding Velcro connections as in Li, so as to yield the predictable result of combining and securing two pieces of the monitoring system.
Rixson in view of Li does not expressly teach and a processor operably coupled to one or more sensors and configured to measure a blood pressure of the user while controlling expansion and contraction of the bladder assembly.
Lamego, in a related field of patient monitoring systems, teaches a processor operably coupled to one or more sensors (Lamego Fig 1A items 114, 108, ¶0047) and configured to measure a blood pressure of the user while controlling expansion and contraction of the bladder assembly (Lamego ¶0047).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify the apparatus in Rixson in view of Li, by integrating sensing and digital processing as in Lamego, so as to provide a quieter environment, for taking blood pressure measurements without significantly disturbing the wearer (Lamego ¶0021).
As per claim 4, Rixson in view of Li and Lamego further teaches wherein the first attachment mechanism and the second attachment mechanism comprise respective portions of a hook-and-loop fastener (Li ¶0044 Velcro hooks and loops).
Claims 2-3 rejected under 35 U.S.C. 103 as being unpatentable over Rixson in view of Li and Lamego as applied to claim 1 above, and further in view of Clement [US 5403268 A].
As per claims 2-3, Rixson in view of Li and Lamego does not expressly teach further comprising a shoulder strap attached to the inner sleeve, wherein the shoulder strap is attached to a lower end of the inner sleeve, the shoulder strap configured to double back over at least part of the inner sleeve and the cuff module when worn by the user.
Clement, in a related field of slings or brace-type apparatus, teaches a shoulder strap attached to a sleeve (Clement Fig 1), wherein the shoulder strap is attached to a lower end of the sleeve (Clement Fig 1, straps attached to substantially the lower end, i.e. at least some part close to item 2), the shoulder strap configured to double back over at least part of the inner sleeve and the cuff module when worn by the user (Clement Fig 1 double backing of straps 13 and 14 using loops and Velcro).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify the apparatus in Rixson in view of Li and Lamego, by utilizing arm support straps as in Clement, so as to provide for aiding in preventing slipping of the arm with respect to the cuff (Clement Col 2 lines 50-52).
Claims 6-7 rejected under 35 U.S.C. 103 as being unpatentable over Rixson in view of Li and Lamego as applied to claim 1 above, and further in view of Henkin [US 6251080 B1].
As per claim 6 -7, Rixson in view of Li and Lamego does not expressly teach wherein the first attachment mechanism comprises at least one tab configured to be folded over a portion of the cuff module and attached to the second attachment mechanism, or wherein the first attachment mechanism and the second attachment mechanism comprise respective portions of a magnetic attachment.
Henkin, in a related field of , ambulatory blood pressure measurement equipment, teaches at least one tab configured to be folded over a portion of the cuff module and attached to the second attachment mechanism (Henkin Fig 1a, Col 5 lines 45-48 “band 12 by a pair of lip extensions 22 and 24 which are looped around a pair of securing slot receptacles 26 and 28, respectively, of cincture coupler 18”), or wherein the first attachment mechanism and the second attachment mechanism comprise respective portions of a magnetic attachment (Henkin Col 5 lines 49-52 “the second end 30 of arm band 12 can conveniently be looped around a single slot extension 32 and removably secured to the top of arm band 12 by magnetic attachment means”).
Hence the claims are only directed to well-known techniques for fastening components. Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify the apparatus in Rixson in view of Li and Lamego by utilizing different coupling mechanisms for holding the two pieces of blood pressure cuff. These modifications are only directed to combining prior art elements according to known methods to yield predictable results, as discussed in MPEP 2143.I.A. The predicable results are that adhesion between different components is achieved.
Claims 8 rejected under 35 U.S.C. 103 as being unpatentable over Rixson in view of Li and Lamego as applied to claim 1 above, and further in view of Alesse [US 20040049114 A1].
As per claim 8, Rixson in view of Li and Lamego does not expressly teach wherein the cuff includes: an elongate strap having a first end and a second end; a fold between the first end and the second end in the elongate strap; and a sizing mechanism that allows the fold to open after the elongate strap is attached to the user, such that a portion of the elongate strap is released as slack to accommodate the limb of the user.
Che, in a related field of sphygmomanometer, teaches wherein the cuff includes: an elongate strap having a first end and a second end; a fold between the first end and the second end in the elongate strap; and a sizing mechanism that allows the fold to open after the elongate strap is attached to the user, such that a portion of the elongate strap is released as slack to accommodate the limb of the user (In view of applicant spec. ¶0041, examiner interprets that a fold caused by a hook-and loop fastener is being claimed here. Alesse ¶0024 “As is generally the case, the blood pressure cuff of a sphygmomanometer is usually rectangular in shape and comprises hook and loop tab fasteners proximate the terminal ends of the blood pressure cuff. The blood pressure cuff, thus, may be wrapped about a patient's arm and its terminal ends secured to one another by means of the hook and loop fasteners”).
Before the effective filing date of the claimed invention it would have been obvious to a person of ordinary skill in the art to modify the apparatus in Rixson in view of Li and Lamego by integrating a hook and loop for the cuff. utilizing different coupling mechanisms for holding the two pieces of blood pressure cuff. These modifications are only directed to combining prior art elements according to known methods to yield predictable results, as discussed in MPEP 2143.I.A. The predicable results is to secure the ends of a cuff to around an arm (Alesse ¶0024).
Allowable Subject Matter
Claim 5 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. References of record does not individually or in combination teach all limitations as recited in claim 5.
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 OOMMEN JACOB whose telephone number is (571)270-5166. The examiner can normally be reached 8:00-4:00.
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/Oommen Jacob/ Primary Examiner, Art Unit 3797