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 § 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 1-8 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 claim 1, the next to last line, “wherein a user input is configured…” is vague and unclear is the system is specifically reciting a structural limitation of the potentiometer, a functional limitation of the system, or how the system is used by a person (i.e. “user input”). It is suggested to use something similar to “wherein the potentiometer is configured to receive a user input to adjust an impedance of the potentiometer”.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claims 14-15 are rejected under 35 U.S.C. 102a1 as being anticipated by Ramamurthy (4611998). Ramamurthy teaches the use of the claimed:
--potentiometer (e.g. figure 5, element 110, col. 6, lines 1-26, etc.)
--compression mechanism configured to receive a vertical force (e.g. figure 5, element 80, in combination with elements 82 and 84, col. 5, lines 23-68, etc.) and to adjust the impedance according to the vertical force (e.g. col. 6, lines 10-20, etc. that changes the resistance and necessarily the impedance as the potentiometer/resistance is changed)
--where the compression mechanism comprises a rack having a plurality of teeth (e.g. figure 5, element 80 and 82, col. 5, line 23-col. 6, line 15, etc.) that translates the force to a gear with a plurality of teeth (e.g. figure 5, element 84, etc.) to rotate the gear and potentiometer through a shaft based on the rack (i.e. “spur gear” which is a rotational gear, col. 6, lines 20-26, Type J rotary potentiometer with shaft 112, etc.), the rack going to its initial position after compression due to the spring (e.g. figure 5, element 106, etc.).
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 (i.e., changing from AIA to pre-AIA ) 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 9, and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Constantine (2014/0093853) in view of Ramamurthy (4611998). Constantine discloses the claimed:
--ECG signal generator electrically coupled to AED (e.g. figure 1, element 115a, paras. 16, 19, etc.)
--AED (figure 1, element 125a, paras. 23-24, etc.), and
--backend circuit to receive a user input due to compressions, such as vertical force (e.g. figure 1, element 120, paras. 16, 21, 25, etc.— signal directly input into the ECG and AED). Note that the backend circuit is electrically attached to the AED and the ECG signal generator is electrically attached to the AED, both requiring at least two electrical contacts for the current to complete the circuit to and from the AED.
Constantine states that any compression sensor can be used (e.g. para. 21) but does not disclose it being a potentiometer with compression mechanism to receive a vertical force (claims 1 and 9), being a rack with teeth to rotate a gear with teeth, and rotate the potentiometer through a shaft, to adjust the impedance/resistance (claims 9, 11, and 13), where the rack goes back to its initial position after the vertical force (e.g. claim 12). Ramamurthy teaches to use a potentiometer with compression mechanism to receive a vertical force, being a rack with teeth to rotate a gear with teeth, and rotate the potentiometer through a shaft, to adjust the impedance/resistance, where the rack goes back to its initial position after the vertical force (e.g. see the 102 rejection above) and so that the CPR compressions can easily be detected for training a user and allowing for continual compressions. It would have been obvious to one having ordinary skill in the art at the time the invention was made/before it was effectively filed to have modified the system and method as taught by Constantine, with a potentiometer with compression mechanism to receive a vertical force, being a rack with teeth to rotate a gear with teeth, and rotate the potentiometer through a shaft, to adjust the impedance/resistance, where the rack goes back to its initial position after the vertical force, where the rack goes back to its initial position after the vertical force, as taught by Ramamurthy, since it would provide the predictable results of detecting CPR compressions so that a user can be trained to correctly deliver CPR and to continually allow for compressions.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Constantine in view of Ramamurthy (i.e. “modified Constantine”). Modified Constantine discloses the claimed invention except for the backend circuit having an additional potentiometer resistor adjustment circuit coupled in parallel to the potentiometer. It would have been obvious to one having ordinary skill in the art at the time the invention was made/before it was effectively filed to have modified the system and method as taught by modified Constantine, with the backend circuit having an additional potentiometer resistor adjustment circuit coupled in parallel to the potentiometer, as is well known and common knowledge in the art (see MPEP 2144I, 2144.03), since it would provide the predictable results of creating a minimum resistance to prevent current from exceeding a safe level to protect the circuit components and/or altering the range of resistance values available to better meet the needs of the circuit/system.
Allowable Subject Matter
Claims 2-6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to George Robert Evanisko whose telephone number is (571)272-4945. The examiner can normally be reached M-F 8AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Klein can be reached at 571-270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/George R Evanisko/Primary Examiner, Art Unit 3792 11/14/25