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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/22/26 has been entered.
Response to Arguments
With regards to the 112b rejection for “low noise” it is withdrawn in view of the amendment.
With regards to the 101 rejection, it is withdrawn after further consideration and in view of the amendments.
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 1-2, 4, 6, 8, 17-19, 21-23, 26, 30 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.
Claims 1, 17 recite a “electronic device included in a vital sign monitoring system a physiologic signal from a first accelerometer channel of a solid-state accelerometer configured to be embedded within a solid medium that separates a subject from the solid-state accelerometer and further configured to detect, spaced apart from the subject, the physiologic signal, with the physiologic signal obtained extra-corporeally, by the solid-state accelerometer,”. There is a clarity issue with the electronic device, solid medium and accelerometer and how the distinctions between them. Examiner believes the issue stems from the “solid medium” element. The claim recites “solid medium” but reading this in view of the specification Examiner is not clear what the metes and bounds are. Examiner notes there is no mention of solid medium in the specification. In arguendo, Examiners best guess is that this is referring to either a case around the accelerometers, the “rigid” plate, rigid structure, or one of the various elements of the bed mattress or frame etc. Put another way, its unclear if the accelerometer part of the electronic device? The bed? Some housing? For the above reasons the claims do not clearly define the metes and bounds of the claim and the claims are indefinite. The claims depending from these claims share this issue and are likewise rejected. Examiner would recommend setting up an interview to discuss this and move the case to allowance.
Claim 30 recites solid state accelerometer is disposed proximate to the “solid medium” in claim 1 it states that accelerometer is embedded in the “solid medium”. It is unclear how the accelerometer can be embedded in the solid medium without being proximate? Another way of interpreting this is “proximate” is a relative term and it is unclear what the metes and bounds of the term are. For the above reasons the claim is indefinite.
Allowable Subject Matter
All pending claims are allowable over the prior art. Claims 1, 17 (and their dependents) and claim 30 are rejected under 112.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20150196213 – [0082]-[0084], [0092]-[0094], [0107]-[0108], [0260]
US 20210100460 see [0073]-[0074]
US 20200163627 see [0023], [0071]-[0072], [0079]-[0082], [0093]-[0095], Figs. 1-3, 7
See references included in the NF rejection dated 5/28/25
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES R MOSS whose telephone number is (571)272-3506. The examiner can normally be reached Monday - Friday (9:30 am - 5:30 pm).
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Unsu Jung can be reached at (571)272-8506. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James Moss/Examiner, Art Unit 3792
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