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 Objections
Claims 1, 5, 6, and 15 are objected to because of the following informalities:
In claim 1, “at least a one pair of distinct portions” should read “at least one pair of distinct portions.”
In claim 1, “at least a one matrix of temperature sensors” should read “at least one matrix of temperature sensors.”
In claims 7, 18, and 20, “plural selection devices” should read “plurality of selection devices.”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5, 6, 15, and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In Claims 5, 6, and 15, the claim limitation “additional detection device” renders the claim indefinite because the limitation is unclear. It is unclear whether the additional detection device is the same as the first and second detection device. For purposes of examination, the claim limitation is interpreted as the same as the first and second detection device because it shares the same structural characteristics. Due to the rejection of the dependent claim 5, the dependent claim 20 is also rejected because they are failing to cure the deficiencies as stated in claim 5.
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.
Claims 1-3, 8, 9, 10, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Brownhill et al. (CN 109069712 A) in view of Zhao et al. (US 20190307400 A1) and Duesterhoft et al. (US 20130274563 A1).
Regarding Claim 1, Brownhill discloses a system for comparing physiological parameters of a patient, adapted to acquire, process and compare detected data relative to the physiological parameters of skin vitality in at least a one pair of distinct portions of the body of a patient (Paragraph 0015, 0045, 0135); said system comprising at least:
detection device constituted by a first printed circuit and a second printed circuit arranged on a flexible support (Paragraph 0096; [Examiner’s note, one can determine the multi-layer flexible printed circuit is the first and second printed circuit. Whether there are two or more, or a multi-layer of flexible printed circuit, both printed circuits will function the same.]), adapted to be placed at a first skin portion to be diagnosed, healthy or damaged, of the patient (Paragraphs 0095-0096); said first printed circuit comprising at least a one matrix of temperature sensors, pH, and skin oxygenation sensors (Figures 3A and 3H; Paragraph 0095-0096, 0103) adapted to send the detected temperature, pH, and skin oxygenation data (Paragraphs Paragraph 0095-0096, 0103, 0141) to at least a first microcontroller integrated in said printed circuit (Paragraphs 0104, 0141);
detection device constituted by a first printed circuit and a second printed circuit arranged on a flexible support (Paragraph 0096; [Examiner’s note, the multi-layer flexible printed circuit is the first and second printed circuit.]), adapted to be placed at a second skin portion, healthy (Paragraph 0156; [Examiner’s note, the site where the detection device is placed can contain both healthy and wounded skin.]), of a patient in order to detect the same data as said first skin portion (Paragraphs 0045, 0084, 0095-0096); said first printed circuit comprising the at least a one matrix of temperature sensors, pH, and skin oxygenation sensors (Figures 3A and 3H; Paragraph 0095-0096, 0103) adapted to send the detected temperature, pH, and skin oxygenation data (Paragraphs Paragraph 0095-0096, 0103, 0141) data to at least a second microcontroller [Examiner’s note, the mere duplication of parts, first and second microcontroller, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04)] integrated in said printed circuit (Paragraphs 0104, 0141).
Brownhill is silent in teaching the microcontroller being integrated to another printed circuit. Zhao teaches microcontroller (Zhao | processor – element 840) being integrated to another printed circuit (Zhao | main printed circuit board – element 801A; Figure 8B; Paragraph 0135; [Examiner’s note, the p is located on one printed circuit board and the temperature sensor, IR sensor – element 812, is location on another printed circuit board, daughter board – element 801B.]). Brownhill teaches the microcontroller being integrated in the printed circuit (Brownhill | Paragraphs 0104, 0141), and Zhao teaches two printed circuit boards (Zhao | Figures 8B; Paragraphs 0135-0143). One having an ordinary skill in the art the time the invention was filed would have found it obvious to substitute the microcontroller within the system of Brownhill to incorporate the teachings of the main circuit board from Zhao because doing so would allow the production of the wireless vital signs scanner to be affordable and allow the user to obtain a plurality of vital signs at various times throughout the day (Zhao | Paragraph 0144).
Brownhill in view of Zhao is silent in teaching a plurality of detection device and a display device connected to said microcontrollers, wired or wireless, provided with at least a screen adapted to allow the display of the detected data by said primary detection device and by said at least a secondary detection device.
Duesterhoft teaches a plurality of detection devices (Duesterhoft | Paragraph 0115). Brownhill teaches the detection device (Brownhill | Paragraph 0096), and Duesterhoft teaches a plurality of detection devices (Duesterhoft | Paragraphs 0111, 0115; [Examiner’s note, the detection device itself is appurtenances (230). The signals from the appurtenances are received by the local unit (1710), which monitors the cavity wound.]). One having an ordinary skill in the art the time the invention was filed would have found it obvious to modify the primary detection devices within the system of Brownhill in view of Zhao to incorporate the teachings of the plurality of detection devices from Duesterhoft. Doing so would allow the patient’s physician or caretaker to effectively and accurately monitor a patient with multiple injuries or wounds as their health declines. Furthermore, the mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04).
Additionally, Duesterhoft teaches a display device (Duesterhoft | local unit – element 1710; Figure 17; Paragraph 0113) connected to said microcontrollers, wired or wireless, provided with at least a screen adapted to allow the display of the detected data by said primary detection device(Duesterhoft | Figure 17; Paragraphs 0111-0119). One having an ordinary skill in the art the time the invention was filed would have found it obvious to modify the system of Brownhill in view of Zhao and Duesterhoft to incorporate the teachings of the display from Duesterhoft because the display illustrates the real-time notification to the patient’s physician or caretaker when their health is declining due to the injury (Duesterhoft | Paragraph 0137).
Regarding Claim 2, Brownhill in view of Zhao and Duesterhoft teaches the system for comparing the physiological parameters of the patient, according to claim 1. Brownhill in view of Zhao is silent in teaching a plurality of said at least one secondary detection devices adapted to detect the physiological parameters in a corresponding plurality of skin portions.
Duesterhoft teaches a plurality of said at least one secondary detection devices (Duesterhoft | Paragraphs 0111, 0115) adapted to detect the physiological parameters in a corresponding plurality of skin portions (Duesterhoft | Paragraph 0115), sending the detected data to said display device (Duesterhoft | Figure 17; Paragraphs 0111-0119). One having an ordinary skill in the art the time the invention was filed would have found it obvious to modify the system of Brownhill in view of to incorporate the teachings of the plurality of detection devices from Duesterhoft. Doing so would allow the patient’s physician or caretaker to effectively and accurately monitor a patient with multiple injuries or wounds as their health declines. Furthermore, the display provides real-time notifications to the physician or caretaker when this decline occurs (Duesterhoft | Paragraphs 0115, 0137).
Regarding Claim 3, Brownhill in view of Zhao and Duesterhoft teaches the system for comparing the physiological parameters of the patient, according to claim 1. Brownhill teaches wherein each detection device comprises at least one acidity sensor (Brownhill | Paragraph 0128) or one matrix of acidity sensors [Examiner’s note, the claim comprises multiple limitations; however, only one of the alternatives needs to be supported by the prior art. Brownhill teaches an acidity sensor through the pH sensor.] adapted to detect the corresponding data regarding the pH of the skin portion on which said detection devices are positioned (Brownhill | Paragraph 0128).
Brownhill in view of Zhao is silent in teaching sending the corresponding data to said display device.
Duesterhoft teaches sending the corresponding data to said display device (Duesterhoft | Figure 17; Paragraphs 0111-0119). One having an ordinary skill in the art the time the invention was filed would have found it obvious to modify the system of Brownhill in view of Zhao to incorporate the teachings of sending data to the display from Duesterhoft because the display illustrates the real-time notification to the patient’s physician or caretaker when their health is declining due to the injury (Duesterhoft | Paragraph 0137).
Regarding Claim 8, Brownhill in view of Zhao and Duesterhoft teaches the system for comparing the physiological parameters of the patient, according to claim 1, wherein at least said primary detection device comprises USB interface adapted to transmit the digitized data to other periphery devices (Brownhill | Paragraph 0149).
Regarding Claim 9, Brownhill in view of Zhao and Duesterhoft teaches the system for comparing the physiological parameters of the patient, according to claim 1, wherein said flexible supports of said detection devices are made of polyimide so as to be adapted to any curve of the patient's body (Brownhill | Paragraph 0096).
Regarding Claim 10, Brownhill in view of Zhao and Duesterhoft teaches a method for diagnosing the state of perfusion of a wound or, on healthy skin, for diagnosing disturbances of the blood circulation of the patient, the method comprising providing the system of claim 1, and operating the system to perform the diagnosing (Brownhill | Paragraph 0015, 0045, 0135).
Regarding Claim 13, Brownhill in view of Zhao and Duesterhoft teaches the system for comparing the physiological parameters of the patient, according to claim 3. Brownhill teaches wherein each detection device comprises at least an oxygenation sensor (Brownhill | Paragraph 0128) or matrix of oxygenation sensors [Examiner’s note, the claim comprises multiple limitations; however, only one of the alternatives needs to be supported by the prior art. Brownhill teaches an oxygenation sensor through the SpO2 sensor.] adapted to detect the corresponding data regarding the skin oxygenation of the skin portion on which said detection devices are positioned (Brownhill | Paragraph 0128).
Brownhill in view of Zhao is silent in teaching sending the corresponding data to said display device. Duesterhoft teaches sending the corresponding data to said display device (Duesterhoft | Figure 17; Paragraphs 0111-0119). One having an ordinary skill in the art the time the invention was filed would have found it obvious to modify the system of Brownhill in view of to incorporate the teachings of sending data to the display from Duesterhoft because the display illustrates the real-time notification to the patient’s physician or caretaker when their health is declining due to the injury (Duesterhoft | Paragraph 0137).
Claims 5, 6, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Brownhill in view of Zhao, Duesterhoft, Afentakis et al. (US 10194856 B2), and Wu et al. (US 20090299214 A1).
Regarding Claims 5 and 15, Brownhill in view of Zhao and Duesterhoft teaches the system for comparing the physiological parameters of the patient, according to claims 1 and 3 respectively. Brownhill teaches wherein at least said primary detection device comprises at least connection cable (Brownhill | Paragraphs 0104, 0134, 0150), adapted to be reversibly engaged with a corresponding cable of an detection device, each of which aggregable at one side of the perimeter of said primary detection device (Brownhill | 0045, 0084, 0095-0096, 0104, and 0141); each detection device comprising a printed circuit with a matrix of sensors adapted to detect the same physiological parameters detected by the matrix of matrix of sensors comprised in the first printed circuit of a primary detection device (Brownhill | Paragraph 0096, Paragraphs 0104, 0141); said printed circuit of each portion (Paragraph 0096) being configured for being connected to the printed circuit of the primary detection device by means of said connection cable, sending the detected data to the microcontroller (MCU) of the central portion of the primary detection device (Brownhill | Paragraphs 0134, 0150).
In light of the 112b above ‘additional detection device’ contains the same function as the ‘first and second detection device,’ therefore Brownhill in view of Zhao is silent in teaching additional detection device. Duesterhoft teaches the additional detection device (Duesterhoft | Paragraphs 0111. 0115). Brownhill teaches the detection device (Brownhill | Paragraph 0096), and Duesterhoft teaches a plurality of detection devices (Duesterhoft | Paragraph 0115). One having an ordinary skill in the art the time the invention was filed would have found it obvious to modify the primary detection devices within the system of Brownhill in view of Zhao to incorporate the teachings of the plurality of detection devices from Duesterhoft. Doing so would allow the patient’s physician or caretaker to effectively and accurately monitor a patient with multiple injuries or wounds as their health declines. Furthermore, the mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04).
Brownhill in view of Zhao and Duesterhoft are silent in teaching the matrix of sensors is matrix of acidity sensor and temperature sensor. Afentakis teaches matrix (Afentakis | multi-sensor array – element 100) of acidity sensors and temperature sensors (Afentakis | passive sensors 108a and 110a; Figure 1; Abstract, Column 3 lines 54-67 to Column 4 lines 4-8; [Examiner’s note, pH sensors measure acidic and basic environments by definition; the pH sensor can function as acidity sensor.]). One having an ordinary skill in the art the time the invention was filed would have found it obvious to modify the detection device of Brownhill in view of Zhao and Duesterhoft to incorporate the teachings of a multi-sensor array containing a matrix of acidity and temperature sensors from Afentakis because the data from the multi-sensor array enables early detection of life-threatening conditions, such as pressure ulcers (Afentakis | Column 1 lines 20-33).
Brownhill in view of Zhao, Duesterhoft, and Afentakis are silent in teaching of the detection device comprising the central portion and additional detection device, wherein the central portion is connected to the additional portions via a connection cable. Wu teaches the detection device (Wu | Figure 5) comprising the central portion (Wu | main unit – element 10) and additional detection portions (Wu | multiple detector units – elements 25A-C). Wherein central portion (Wu | main unit – element 10) is connected to the additional portions (Wu | multiple detector units – elements 25A-C) via a connection cable (Wu | connection – element 50; Paragraph 0081, 0119). One having an ordinary skill in the art the time the invention was filed would have found it obvious to modify the detection devices within the system of Brownhill in view of Zhao, Duesterhoft, and Afentakis to incorporate the teachings of the detection device comprising the central portion and additional detection portions and wherein central portion is connected to the additional portions via a connection cable from Wu because doing so would allow the system to detect, process, and measure physiological signals from multiple locations simultaneously (Wu | Paragraph 0119) and further use of a connection cable would be common in the art designs which would yield predictable results.
Regarding Claim 6, Brownhill in view of Zhao and Duesterhoft teaches the system for comparing the physiological parameters of the patient, according to claim 1. Brownhill teaches wherein at least said detection device comprises at least connection cable (Brownhill | Paragraphs 0104, 0134, 0150), adapted to be reversibly engaged with a corresponding cable of an detection device, each of which aggregable at one side of the perimeter of said detection device (Brownhill | 0045, 0084, 0095-0096, 0104, and 0141); each detection device comprising a printed circuit with a matrix of sensors adapted to detect the same physiological parameters detected by the matrix of sensors comprised in the first printed circuit of said detection device (Brownhill | Paragraph 0096, 0104, 0128, 0141; [Examiner’s note, ); said printed circuit of each portion (Paragraph 0096) being configured for being connected to the printed circuit of the primary detection device by means of said connection cable, sending the detected data to the microcontroller of the central portion of the secondary detection device (Brownhill | Paragraphs 0134, 0150; the mere duplication of parts, primary and secondary detection device, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04)).
In light of the 112b above ‘additional detection device’ means ‘first and second detection devices,’ because of this, Brownhill in view of Zhao and Duesterhoft are silent in teaching the plurality of detection devices. Duesterhoft teaches the plurality of detection devices (Duesterhoft | Paragraphs 0111, 0115). Brownhill teaches the detection device (Brownhill | Paragraph 0096), and Duesterhoft teaches a plurality of detection devices (Duesterhoft | Paragraph 0115). One having an ordinary skill in the art the time the invention was filed would have found it obvious to modify the primary detection devices within the system of Brownhill in view of Zhao and Duesterhoft to incorporate the teachings of the plurality of detection devices from Duesterhoft. Doing so would allow the patient’s physician or caretaker to effectively and accurately monitor a patient with multiple injuries or wounds as their health declines. Furthermore, the mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04).
Brownhill in view of Zhao and Duesterhoft are silent in teaching the matrix of sensors is matrix of acidity sensor and temperature sensor. Afentakis teaches matrix (Afentakis | multi-sensor array – element 100) of acidity sensors and temperature sensors (Afentakis | passive sensors 108a and 110a; Figure 1; Abstract, Column 3 lines 54-67 to Column 4 lines 4-8; [Examiner’s note, pH sensors measure acidic and basic environments by definition; the pH sensor can function as acidity sensor.]). One having an ordinary skill in the art the time the invention was filed would have found it obvious to modify the detection device of Brownhill in view of Zhao and Duesterhoft to incorporate the teachings of a multi-sensor array containing a matrix of acidity and temperature sensors from Afentakis because the data from the multi-sensor array enables early detection of life-threatening conditions, such as pressure ulcers (Afentakis | Column 1 lines 20-33).
Brownhill in view of Zhao, Duesterhoft, and Afentakis are silent in teaching of the detection device comprising the central portion and additional detection portions, wherein the central portion is connected to the additional portions via a connection cable. Wu teaches the detection device (Wu | Figure 5) comprising the central portion (Wu | main unit – element 10) and additional detection portions (Wu | multiple detector units – elements 25A-C). Wherein central portion (Wu | main unit – element 10) is connected to the additional portions (Wu | multiple detector units – elements 25A-C) via a connection cable (Wu | connection – element 50; Paragraph 0081, 0119). One having an ordinary skill in the art the time the invention was filed would have found it obvious to modify the detection devices within the system of Brownhill in view of Zhao, Duesterhoft, and Afentakis to incorporate the teachings of the detection device comprising the central portion and additional detection portions and wherein central portion is connected to the additional portions via a connection cable from Wu because doing so would allow the system to detect, process, and measure physiological signals from multiple locations simultaneously (Wu | Paragraph 0119) and further use of a connection cable would be common in the art designs which would yield predictable results.
Allowable Subject Matter
Claims 7, 18, and 20 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.
The following is a statement for the indication of allowable subject matter:
Regarding Claims 7, 8, and 20, the closet prior art of record is: Brownhill et al. (CN 109069712 A), Zhao et al. (US 20190307400 A1), Duesterhoft et al. (US 20130274563 A1), Afentakis et al. (US 10194856 B2), Wu et al. (US 20090299214 A1), Rogers et al. (US 20130041235 A1), Zhang et al. (US 20100249627 A1), Mazar (US 20090264792 A1), Houghton et al. (US 4417588 A), Sejrsen et al. (US 20030139676 A1), and Hunter et al. (US 20160310077 A1).
Regarding Claims 7, 18, and 20 Brownhill in view of Zhao and Duesterhoft teaches the system for comparing the physiological parameters of the patient, according to claims 1, 3, and 5 respectively, wherein said first printed circuit and said second printed circuit of each detection device (Brownhill | Paragraph 0096) comprise: (Brownhill | Paragraph 0095, 0147).
Brownhill teaches a matrix of sensors being 5x5 (Paragraph 0095). Brownhill are silent on the matrix being 16x32. It would have been obvious to one of ordinary skill in the art to have modified Brownhill to have a matrix of 16x32 since it has been held that the mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04).
Brownhill in view of Zhao, Duesterhoft, Afentakis, and Wu are silent in teaching a transistor in series with each sensor adapted to select the corresponding sensor. Rogers teaches a transistor in series with each sensor adapted to select the corresponding sensor (Rogers | Paragraphs 0065, 0323). One having an ordinary skill in the art the time the invention was filed would have found it obvious to modify the system of Brownhill in view of Zhao, Duesterhoft, Afentakis, and Wu to incorporate the teachings of a transistor from Rogers. Doing so would allow allows the system to select the optimal sensor for the specific wound or target location on the patient. As a result, treatment is delivered with pinpoint accuracy to the target location, avoiding to administer the care to the uninjured or nontarget area of the body (Rogers | Paragraph 0008).
Additionally, Brownhill in view of Zhao, Duesterhoft, Afentakis, Wu, and Rogers are silent in teaching a flexible connection cable; an MCU adapted to select said sensors one at a time, sending on a bus the number of the line and of the column to be selected and adapted to receive the measurement of the sensor by reading the output of a converter; plural selection devices adapted to activate the line and the corresponding column. Zhang teaches a flexible connection cable (Zhang | leads – elements 20, 22, 24; Figure 2; Paragraphs 0023-0025); an MCU adapted to select said sensors one at a time (Zhang | Figure 2; Paragraphs 0024-0026), sending on a bus (Zhang | data bus – element 82) the number of the line and of the column to be selected and adapted to receive the measurement of the sensor (Zhang | Paragraphs 0053-0054) by reading the output of a converter (Zhang | Paragraph 0057); plural selection devices adapted to activate the line and the corresponding column (Zhang | Paragraph 0049; [Examiner’s note, one skilled in the art can use a field-programmable gate array in combination with the processor to control a specific line and corresponding column.]). One having an ordinary skill in the art the time the invention was filed would have found it obvious to modify the system of Brownhill in view of Zhao, Duesterhoft, Afentakis, Wu, and Rogers to incorporate the teachings of the connector, the microcontroller selecting a specific sensor from Zhang. Doing so would allow the system to select the optimal sensor for providing treatment on the target location in the patient (Zhang | Paragraph 0028).
Brownhill in view of Zhao, Duesterhoft, Afentakis, Wu, Rogers, and Zhang are silent in teaching the converter is a digital analog converter. Mazar teaches the use of digital analog converter for physiological signals (Mazar | D/A – element 256; Figure 2A; Paragraphs 0078-0084; [Examiner’s note, the physiological signals are collected via the electrode to the digital to analog converter ). One having an ordinary skill in the art the time the invention was filed would have found it obvious to modify the system of Brownhill in view of Zhao, Duesterhoft, Afentakis, Wu, Rogers, and Zhang to incorporate the teachings of the digital to analog converter from Mazar because the DAC converts the internal digital data and controls signals into accurate analog outputs that can be further analyzed (Mazar | Paragraph 0079, 0102).
Additionally, Brownhill in view of Zhao, Duesterhoft, Afentakis, Wu, Rogers, Zhang, and Mazar are silent in teaching a thermistor adapted to connect the power supply to a resistive divider; said resistive divider adapted to acquire the current from said thermistor and generate a voltage; an amplifier adapted to scale and translate the possible output voltages from said resistive divider in order to fully exploit the input dynamics of said digital analog converter. Houghton teaches a thermistor (Houghton | thermistor – element 101) adapted to connect the power supply to a resistive divider (Houghton | Figure 4A; Column 3, lines 23-39; [Examiner’s note, the resistive divider is in combination with the resistor.]); said resistive divider (Houghton | resistance divider configuration) adapted to acquire the current from said thermistor and generate a voltage (Houghton | Figure 4A; Column 3, lines 23-39); an amplifier (Houghton | amplifier – element 140) adapted to scale and translate the possible output voltages from said resistive divider (Houghton | resistor – element 102) in order to fully exploit the input dynamics of said digital analog converter (Houghton | A/D converter – element 160; Figure 4A; Column 3, lines 23-39). One having an ordinary skill in the art the time the invention was filed would have found it obvious to modify the system of Brownhill in view of Zhao, Duesterhoft, Afentakis, Wu, Rogers, Zhang, and Mazar to incorporate the teachings of a thermistor, resistive divider, and an amplifier to be in series from Houghton. Doing so would allow the linearization of the output voltage over a specific temperature range of interest. (Houghton | Column 4 lines 40-54).
Additionally, Brownhill in view of Zhao, Duesterhoft, Afentakis, Wu, Rogers, Zhang, Mazar, and Houghton are silent in teaching the thermistor is a NTC resistor. Sejrsen teaches thermistor is an NTC resistor (Sejrsen | Paragraph 0040). One having an ordinary skill in the art the time the invention was filed would have found it obvious to substitute the thermistor of Brownhill in view of Zhao, Duesterhoft, Afentakis, Wu, Rogers, Zhang, Mazar, and Houghton with a NTC resistor from Sejrsen. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
Additionally, Brownhill in view of Zhao, Duesterhoft, Afentakis, Wu, Rogers, Zhang, Mazar, Houghton, and Sejrsen are silent in teaching the amplifier is an LNA. Hunter teaches an amplifier is a low noise amplifier (LNA) (Hunter | Paragraph 0099). One having an ordinary skill in the art the time the invention was filed would have found it obvious to substitute the amplifier of Brownhill in view of Zhao, Duesterhoft, Rogers, Zhang, Mazar, Houghton, and Sejrsen with a LNA from Hunter. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
However, the prior art of record does not disclose and would not have rendered obvious the “ordered combination” of elements recited in the claims. Although the prior art can teach each individual part of the claim, a skilled artisan would not find it obvious to combine them together without hindsight reasoning.
Response to Arguments
Applicant’s arguments and amendments filed 05/20/2026 have been fully considered.
The applicants amends have overcome the following: drawing objections, claim objections, and 35 U.S.C. 112b rejection.
Regarding the 35 U.S.C 103 Rejection, the applicant argues the following: “Brownhill neither teaches not suggests the amended recitation of: at least one matrix of temperature, pH, and skin oxygenation sensors adapted to send a first/second set of temperature, pH, and skin oxygenation data.” The examiner respectfully disagrees with the applicant's argument. The claim limitation recites "at least one matrix," which covers alternative sensor types for temperature, pH, or skin oxygenation. Brownhill teaches a matrix of temperature sensors in Figure 3A and Paragraph 0103. Because a claim with alternative limitations only requires support for a single alternative, Brownhill satisfies this requirement. Therefore, the applicant's arguments are not persuasive.
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.
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/SRISTI DIVINA GOMES/Examiner, Art Unit 3791
/DANIEL L CERIONI/Primary Examiner, Art Unit 3791
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