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 .
Election/Restrictions
Applicant’s election without traverse of claims 1 and 4-7 in the reply filed on 12/04/25 is acknowledged.
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 1 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2016/077786 A1 granted to Weng et al (hereinafter “Weng”).
In reference to claim 1, Weng discloses a signal analysis device [e.g. control unit 120] comprising: a biological information acquisitor unit that acquires a waveform of a time section of an R wave [e.g. p. 21: “clause 139”] included in a waveform for one cycle indicating a cardiac cycle of a heart of an analysis target as a target time waveform [e.g. p. 48: lines 5-22]; and an analyzer unit that, upon approximating the target time waveform by an approximate time waveform that is a time waveform obtained by a difference or a weighted difference between a first cumulative distribution function that is a cumulative distribution function of a first unimodal distribution and a second cumulative distribution function that is a cumulative distribution function of a second unimodal distribution, or upon approximating the target time waveform by an approximate time waveform that is a time waveform obtained by adding a level value to a difference or a weighted difference between a first cumulative distribution function that is a cumulative distribution function of a first unimodal distribution and a second cumulative distribution function that is a cumulative distribution function of a second unimodal distribution, acquires at least one of at least some parameters of parameters identifying the first unimodal distribution, at least some parameters of parameters identifying the first cumulative distribution function, at least some parameters of parameters identifying the second unimodal distribution [e.g. abstract, “clause 1”, p. 78: lines 8-20], or at least some parameters of parameters identifying the second cumulative distribution function as a parameter indicating activity of a myocardium of the heart [e.g. p. 47: lines 13-15].
In reference to claim 7, Weng discloses wherein each unimodal distribution is a Gaussian distribution [e.g. p. 89: line 1].
Allowable Subject Matter
Claim 4 is 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 closest prior art of Weng fails to discloses a fifth unimodal distribution.
Claims 5 and 6 are 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 closest prior art of Weng fails to disclose a potential at a starting end of a target time waveform as the level value when the waveform is an R wave, and a potential at an end of a target time waveform as the level value when the waveform is a T wave.
Conclusion
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/NADIA A MAHMOOD/Primary Examiner, Art Unit 3796