DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-11, 13-22 are pending.
In view of the Appeal Brief filed on 6/2/2026, PROSECUTION IS HEREBY REOPENED. A New grounds of rejection is set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/STEVEN LIM/Supervisory Patent Examiner, Art Unit 2688
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-11, 13-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the limitation “a calibration process to correct variations in the resistance value of each of the plurality of resistors”. The originally filed disclosure fails to provide support for the claimed limitation of “calibrating each of the plurality of resistors”. The originally filed disclosure only provides support for “a calibration process for correcting individual variation of the biological sensor 700” [0040, 0041] of the published application, and “The information processing unit 20 thus performs a calibration process (e.g., a resistance calibration) for correcting the variation of resistance values of the resistors 3101 to 3111.” [0063] of the published application. The teaching does not specify calibrating each resistor, only calibrating the collective resistor values. The limitation is not supported by the originally filed disclosure, and is considered a new matter.
Claims 2-11, 13-22 are rejected for being dependent on a rejected claim.
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 17, 18, 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.
Claim 17 recites the limitation “a memory configured to store the biological sensor”. the sensor is a physical device as described in the originally filed disclosure, [fig. 1, 0029]. It is not possible to store a physical device in a memory. It is not clear how a physical device is stored in a memory. The limitation is considered indefinite.
Claim 18 is rejected for being dependent on a rejected claim.
Claim 20 recites the limitation “the received biological information is at least one of ... an ECG, and a PPG of a person”. ECG and PPG are devices used to measure physiological parameters of a person, and not values that represent a physiological value of a person. The limitation is considered indefinite.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 19 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 11 recites the limitation “turn off the conversion adapter … after no longer receiving an operation input and a digital data input” which is a narrower form of a limitation. However, claim 19 recites “turn off the conversion adapter in response to the connected biological sensor being turned off” which is the broader form of the limitation. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
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.
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.
Claim(s) 1-6, 8, 10, 13, 16, 21, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kill et al. [US 20060122473] in view of Tanaka [JP 2010145131A].
As to claim 1. Kill discloses A conversion adapter comprising:
a communication unit, [figs. 1, 8, 0049] antenna 92/94 of the wand 11/54, configured to receive biological information based on digital data transmitted from an external apparatus, [0049] receives signal from the patch 9/52 antenna 72, [fig. 1, 0024] the patch 9 measures body temperature of a patient;
an information processing unit, [fig. 8, 0047] microprocessor 82, configured to perform data processing of the biological information based on the received digital data, [0050] microprocessor performs processing of the received temperature data;
a converter, [fig. 8, 0047] digital/analog to resistance converter (DAC) 86, the convert configured to convert the biological information processed by the information processing unit to corresponding resistance values of the biological information based on analog data, [0053] DAC 86 converts the digital temperature signals to a resistance value that corresponds to the patient temperature data; and
a connection unit, [fig. 1, 0059] monitor cables 14/174, configured to be connected to an external biological-information processing apparatus, [fig. 1, 0059] ECG monitor 138, and to output the biological information based on the analog data to the biological-information processing apparatus, [fig. 1, 0061] ECG monitor 138 receives, process and displays the analog signal,
wherein the information processing unit is configured to perform a calibration process to correct variations in the resistance value of each of the plurality of resistors of the converter, [0053, 0054] the resistive output of the converter 86 is calibrated by matching the value of the resistor to the measured temperature value.
Kill fails to disclose wherein the converter comprising a plurality of resistors each having a resistance value.
Tanaka teaches a resistance value output circuit and a body temperature measuring instrument comprising a measurement unit 22 and transmitting the measurement signals through connector 4 to a measuring device 5, [fig. 1, 0013]; wherein the measuring device 5 comprises a processing circuit 53, a digital to analog converter 54, and a cable 6, [fig. 1, 2, 0013, 0014]; wherein the measuring device 5 sends the processed signal to a monitor 8 for displaying the measured temperature, [0013, 0026]; wherein the analog to digital converter 54 comprising a plurality of resistors, [fig. 4, 0028], converts the temperature value into an analog resistance value, [fig. 2, 4, 0027].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Kill with that of Tanaka so that the digital to analog resistance converter of Kill can be implemented using the converter of Tanaka so that it can be implemented with a cost effective system that requires only resistors and simple switches.
As to claim 2. Kill fails to disclose The conversion adapter according to Claim 1, wherein the plurality of resistors are connected in series and the converter further includes switching elements configured to turn on and off the respective plurality of resistors.
Tanaka teaches a resistance value output circuit and a body temperature measuring instrument comprising a measurement unit 22 and transmitting the measurement signals through connector 4 to a measuring device 5, [fig. 1, 0013]; wherein the measuring device 5 comprises a processing circuit 53, a digital to analog converter 54, and a cable 6, [fig. 1, 2, 0013, 0014]; wherein the measuring device 5 sends the processed signal to a monitor 8 for displaying the measured temperature, [0013, 0026]; wherein the analog to digital converter 54 comprising a plurality of resistors, [fig. 4, 0028], converts the temperature value into an analog resistance value, [fig. 2, 4, 0027]; wherein the resistors are connected in series, [fig. 4, 0006]; each resistor is connected in parallel to a switch that can be turn on/off, [fig. 4, 0006].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Kill with that of Tanaka so that the digital to analog resistance converter of Kill can be implemented using the converter of Tanaka so that it can be implemented with a cost effective system that requires only resistors and simple switches.
As to claim 3. Kill fails to disclose The conversion adapter according to Claim 2, wherein the resistance values of the plurality of resistors are each set at 21 to 2n, with n being a natural number, and wherein each of the plurality of resistors connected in series comprise one resistor or a plurality of resistors connected in series or in parallel.
Tanaka teaches a resistance value output circuit and a body temperature measuring instrument comprising a measurement unit 22 and transmitting the measurement signals through connector 4 to a measuring device 5, [fig. 1, 0013]; wherein the measuring device 5 comprises a processing circuit 53, a digital to analog converter 54, and a cable 6, [fig. 1, 2, 0013, 0014]; wherein the measuring device 5 sends the processed signal to a monitor 8 for displaying the measured temperature, [0013, 0026]; wherein the analog to digital converter 54 comprising a plurality of resistors, [fig. 4, 0028], converts the temperature value into an analog resistance value, [fig. 2, 4, 0027]; wherein the resistors are connected in series, [fig. 4]; each resistor value is a multiple of 2 in increasing order of natural numbers, [fig. 4].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Kill with that of Tanaka so that the digital to analog resistance converter of Kill can be implemented using the converter of Tanaka so that it can be implemented with a cost effective system that requires only resistors and simple switches.
As to claim 4. Kill discloses The conversion adapter according to Claim 2, wherein the information processing unit is configured to perform an algorithmic process on the biological information based on the digital data, [0050] microprocessor utilizes an algorithm to derive the body temperature based on the sensor values.
As to claim 5. Kill discloses The conversion adapter according to The conversion adapter according to Claim 5,
wherein the communication unit is configured to receive the biological information based on the digital data transmitted from an external biological sensor by radio communication, [0049] receive RF signal, and
wherein the information processing unit is configured to perform a calibration process as the algorithmic process in which a variation in a characteristic of the biological sensor is corrected, [0027, 0053] calibration factor stored in memory used by the microprocessor to calibrate the signal from the sensor.
As to claim 6. Kill discloses The conversion adapter according to The conversion adapter according to Claim 5,
wherein the communication unit is configured to receive a plurality of pieces of temperature information as the biological information, [0059] received sensor values from a plurality of sensors 60, 62, and
wherein the information processing unit is configured to estimate a deep-body temperature as the algorithmic process and based on the plurality of pieces of temperature information, [0033] internal body temperature calculated based on two temperature measurements.
As to claim 8. Kill discloses The conversion adapter according to Claim 5, wherein the communication unit is configured to transmit information to at least one of the biological sensor, [figs. 1, 8, 0048] transmit to antenna 72 of the patch sensor 9/52, and an external medical apparatus by radio communication, [figs. 1, 8, 0055] transmit to multi parameter monitor 12/56.
As to claim 10. Kill discloses The conversion adapter according to Claim 1, wherein the communication unit is configured to support radio communication performed by a plurality of different radio communication methods, [0055].
As to claim 13. Kill fails to disclose The conversion adapter according to Claim 4, wherein the information processing unit is configured to perform a fault diagnosis process for the converter.
Tanaka teaches a resistance value output circuit and a body temperature measuring instrument comprising a measurement unit 22 and transmitting the measurement signals through connector 4 to a measuring device 5, [fig. 1, 0013]; wherein the measuring device 5 comprises a processing circuit 53, a digital to analog converter 54, and a cable 6, [fig. 1, 2, 0013, 0014]; wherein the measuring device 5 sends the processed signal to a monitor 8 for displaying the measured temperature, [0013, 0026]; wherein the analog to digital converter 54 comprising a plurality of resistors, [fig. 4, 0028], converts the temperature value into an analog resistance value, [fig. 2, 4, 0027]; wherein the system performs a process to determine an error in the conversion circuit for determining an offset calibration for connecting the error, [0022].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Kill with that of Tanaka so that the system can correct the error.
As to claim 16. Kill discloses The conversion adapter according to Claim 5, further comprising a connection switch configured to establish a connection with the biological sensor, wherein the radio communication unit establishes the connection with the biological sensor when the connection switch is pressed, [0008] a switch that needs to be activated or activate the receiving wand to establish connection.
As to claim 21. Kill fails to disclose The conversion adapter according to Claim 1, wherein the information processing unit is configured to:
measure an output resistance value for arbitrary input temperature data,
compare the measured output resistance value with an ideal output resistance value for the arbitrary input temperature data, and
correct an offset of difference based on the measured output resistance value and the ideal output resistance value to thereby perform the calibration process to correct the variations in the resistance value of each of the plurality of resistors of the converter.
Tanaka teaches a resistance value output circuit and a body temperature measuring instrument comprising a measurement unit 22 and transmitting the measurement signals through connector 4 to a measuring device 5, [fig. 1, 0013]; wherein the measuring device 5 comprises a processing circuit 53, a digital to analog converter 54, and a cable 6, [fig. 1, 2, 0013, 0014]; wherein the measuring device 5 sends the processed signal to a monitor 8 for displaying the measured temperature, [0013, 0026]; wherein the analog to digital converter 54 comprising a plurality of resistors, [fig. 4, 0028], converts the temperature value into an analog resistance value, [fig. 2, 4, 0027]; wherein the calibration processes is performed by using an unknown input resistor value and a known input resistor values to determine an offset value used for calibration process, [0022].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of Kill with that of Tanaka so that the system can perform self-calibration.
As to claim 22. Kill discloses The conversion adapter according to Claim 6, wherein the information processing unit is configured to eliminate an unknown thermal resistance by comparing a thermal flow of two systems having different thermal resistances and to calculate a body temperature candidate as the deep-body temperature of a user having the unknown thermal resistance, [0067] temperature sensed based on thermal resistance of a known sensor used to predict an unknown internal temperature pf the patient using a predictive algorithm.
Claim(s) 7, 9, 11, 14, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kill in view of Tanaka as applied to claim 1 above, further in view of Belliveau et al. [US 20180182491].
As to claim 7. Kill discloses The conversion adapter according to The conversion adapter according to Claim 5, wherein the communication unit is configured to receive information as the biological information, and wherein the information processing unit is configured to estimate at least one of a blood pressure level and a blood sugar level as the algorithmic process and based on the information, [0002].
The combination of Kill and Tanaka fails to disclose wherein the information is photoplethysmographic information.
Belliveau teaches a system and method for patient monitoring comprising a sensor 436 in communication with a health care provider (HCP) device 406 through a transmitter 404 [fig. 5, 0211]; wherein the sensors include a PPG sensor, [0139, 0440].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of the combination of Kill and Tanaka with that of Belliveau so that the system can use a single sensor to monitor a plurality of parameters.
As to claim 9. the combination of Kill and Tanaka fails to disclose The conversion adapter according to Claim 8, wherein the transmitted information is connection verification information regarding at least one of the biological sensor and the external medical apparatus.
Belliveau teaches a system and method for patient monitoring comprising a sensor 436 in communication with a health care provider (HCP) device 406 through a transmitter 404 [fig. 5, 0211]; wherein the transmitter transmits an identifier to a physiological sensor, [0076].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of the combination of Kill and Tanaka with that of Belliveau so that the system can get physiological data from the right sensor to avoid processing the wrong information.
As to claim 11. the combination of Kill and Tanaka discloses The conversion adapter according to Claim 1, further comprising a power supply controller configured to turn off the conversion adapter after an elapse of a predetermined time after no longer receiving an operation input and a digital data input.
Belliveau teaches a system and method for patient monitoring comprising a sensor 436 in communication with a health care provider (HCP) device 406 through a transmitter 404 [fig. 5, 0211]; wherein the transmitter performs pairing with sensors having a predetermined signal strength, [00349, 0350], for a predetermined period of time, [0049], and based on a user selection input, [0352].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of the combination of Kill and Tanaka with that of Belliveau so that the communication can be maintained until the data can be fully received and avoid data loss due to a weak connection.
As to claim 14. the combination of Kill and Tanaka discloses The conversion adapter according to Claim 5, wherein the radio communication unit is configured to select a biological sensor of a plurality of the biological sensors that has a highest radio wave intensity of a received radio wave as a biological sensor with which connection is to be established.
Belliveau teaches a system and method for patient monitoring comprising a sensor 436 in communication with a health care provider (HCP) device 406 through a transmitter 404 [fig. 5, 0211]; wherein the transmitter performs pairing with sensors having a predetermined signal strength, [00349, 0350], for a predetermined period of time, [0049], wherein the sensor devices with the highest signal strengths are selected, [0352].
It would have been obvious for one of ordinary skill in the art at the time of the filing of the claimed invention to combine the teachings of the combination of Kill and Tanaka with that of Belliveau so that the communication can be maintained until the data can be fully received and avoid data loss due to a weak connection.
As to claim 15. Kill discloses The conversion adapter according to Claim 14, wherein, in response to the radio wave intensity of the received radio wave varying by a predetermined width or dropping to a predetermined value or lower, the radio communication unit is configured to output information indicating that the radio wave intensity has varied by the predetermined width or that the radio wave intensity has dropped to the predetermined value or lower, [0044] the transmitting antenna modulator 64 of the patch is activated for a time period corresponding to the pulse width based on the sensor values of sensors 60, 62.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENYAM HAILE whose telephone number is (571)272-2080. The examiner can normally be reached 7:00 AM - 5:30 PM Mon. - Thur..
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/Benyam Haile/Primary Examiner, Art Unit 2688
/STEVEN LIM/Supervisory Patent Examiner, Art Unit 2688
Prosecution Insights