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) 1-5, 8, 13-16, 18-22, 25-26, 28-30, 36-37 and 39-40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (CN 106251739A). Zhang et al. shows the use of a passive clinical assessment device (Fig. 1) comprising: a freestanding patient-engaging structure (1) having a seat (8) and backrest (Fig. 1) configured to register with a person's anatomical structure in a predictable fashion (when the person is seated thereon); a plurality of sensors (4.1) supported on the patient-engaging structure in positions for registering with selected anatomical portions of a person engaged with the patient-engaging structure; and a caregiver display device (12) for displaying information as a function of data collected by via the plurality sensors, that is supported on the freestanding patient-engaging structure within a field of view of a person seated on the patient-engaging structure in a position to be viewable by a caregiver located across from and facing the person (while sitting on the stool (7)) and oriented so that the caregiver display device and information is not viewable by the person seated on the seat. Regarding claim 2, a patient-engagement structure as a countertop (9). Regarding claim 3, the caregiver display is supported on the patient-engaging structure in a position so as not be viewable by the person engaged with the patient engaging structure (see Figs.1). Regarding claims 4-5, the patient-engaging structure is configured as a patient-supporting structure. Regarding claims 13-16, and 28-30, the passive clinical-assessment device has an electronic data management component (4). The electronic data management component is operatively connected to one of the plurality of sensors (4.1). Regarding claims 18-22 and 36-38, each of the sensors is configured for capturing biometric data by making physical contact with a user’s skin. Zhang et al. shows the use of a display pod (the cabinet frame that supports the display device). Zhang et al. shows the use of a video camera (2) in regards to claim 25. The display pod has the tube (13) and along with software and hardware (13.2,14) for performing automated breath analysis on a breath sample from the tube in regards to claim 26.
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) 6-7, 9-12, 31-35 and 41-48 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. in view of Waterson et al. (2012/0179479). Zhang et al. shows all of the teachings of the claimed invention except the use of a pair of armrests having a respective set or electrically-conductive contacts or an inflatable cuff for automatically obtaining blood pressure measurement of a person seated on the seat. Waterson et al. teaches the use of a passive clinical assessment device (Fig.1) comprising a patient-engaging structure having a tiltable backrest (316) and a pair of armrests (306) that have electrically-conductive contacts and a base that supports a third set of electronically-conductive contacts (Figs. 1-2, (222) see para[0023], [0161-0162]) in regards to claims 7 and 9. Regarding claims 10-11, 34-35, 41 and 43-44 the armrest has an inflatable cuff (152) and a pulse oximeter clip (158) indirectly supported thereon. Waterson further teaches the use of a scale (112), in regards to claim 12 and 31 along with a microphone (147) in regards to claim 32. It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the patient- engaging structure of Zhang et al., with the teachings of Waterson et al. in order to allow more data to be collected in order to better monitor a patient’s vitals.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. in view of Macoviak et al. (2020/0098461). Zhang et al. fails to disclose an electronic data management component is configured to perform data processing on digital data to produce a 6-lead electrocardiogram (EKG). Macoviak et al. teaches the use of electronic data management component is configured to perform data processing on digital data to produce a 6-lead electrocardiogram (EKG) (see para[0131],[0320],[0324],[0357]). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the device of Zhang et al. to include an electronic data management component that is configured to perform data processing on digital data to produce a 6-lead electrocardiogram (EKG), as taught by Macoviak et al. in order to provide the detection of additional abnormality categories.
Claim(s) 23-24, 27 and 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. in view of Cashman et al (2018/0158555). Zhang et al. shows all of the teachings of the claimed invention but fails to disclose the use of an infrared temperature (touchless) sensor, and self-cleaning system. Cashman et al. teaches the use of a display pod having at least one touchless sensor comprising an infrared (IR) temperature sensor (Figs 2,5, 7, 8, 10 see para [0247], [0256], [0330]). Regarding claim 27, Cashman et al. teaches a compressed gas source configured to hold compressed gas (see para [0031], [0033], [0164], [0316)); a dispenser structure in fluid communication with the reservoir and the compressed gas source that is configured to dispense a mist of cleaning solution propelled by gas from the compressed gas source (para [0031],{0033},[0164],[0316]) having a controller operable to selectively open and close the valve (see para [0031], [0033], [0164], (0316]). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the passive clinical assessment device of Zhang et al. with the teachings of Cashman et al., in order to provide additional medical attendant assistance and insure that the examination environment was sterile.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 28 and 40 have been considered but are moot because the new ground of rejection does not rely on any of the references solely and/or in combination as applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 ANTHONY D BARFIELD whose telephone number is (571)272-6852. 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) at http://www.uspto.gov/interviewpractice. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY D BARFIELD/Primary Examiner, Art Unit 3636
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July 16, 2026
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