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 .
Response to Amendment
The amendment filed January 30, 2026 has been entered. Claims 1, 3-4 have been amended. Currently, claims 1-4 are pending for examination.
Response to Arguments
Applicant’s arguments, see pages 5-8, filed January 30, 2026, with respect to the 35 U.S.C. 112 and 101 rejections have been fully considered and are persuasive. The 35 U.S.C. 112 and 101 rejections of claims 1-4 has been withdrawn.
Applicant’s arguments with respect to claim(s) 1-4 under 35 U.S.C. 103 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claim 3 is objected to because of the following informalities: “identifies” in line 4 should state, “identified”. Appropriate correction is required.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-4 provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 7-10 of copending Application No. 18/153,977 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
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.
Claim 3 is 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 3 recites the limitation "the first acoustic-to-electric sensor" in line 6, “the body acoustic signals” in line 7 and “the second acoustic-to-electric sensor” in lines 7-8. There is insufficient antecedent basis for this limitation in the claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Lahiji et al. (US 2011/0137209).
Regarding claim 1, Lahiji et al. discloses an apparatus comprising: a wearable size container configured to be removably attached to an external surface of a body ([0013]), wherein the container has an inner chamber (fig. b, d; internal portion between top patch and bottom patch where “electronic components optionally may be located or sandwiched between the opposed side of the patient patch and the inner side of the external patch” [0047]) and an outer surface (fig. a, c); a series of acoustic sensors 50 (“microphones”) within the wearable size container (fig. 6c, 7b; [0048]) configured to receive sound from different directions (“These microphones (and generally other small, inexpensive microphones) have an omni-directional performance (FIG. 1), resulting in the same performance along all the incident angles of sound.” [0006]) to enhance noise immunity (“microelectromechanical systems (MEMS) technology provides for directional, high quality and low-noise recording of sounds from the body's internal organs” [0013]); an acoustic waveform collector 100 configured to process signals from the series of acoustic sensors to generate an acoustic waveform (“process the signals, such as through summing” [0050], [0052]); and a waveform transmitter 112 that transmits the acoustic waveform ([0014], [0043], [0046], [0060]).
Regarding claim 2, Lahiji et al. discloses wherein the acoustic waveform is transmitted via a wireless connection ([0014], [0043], [0046], [0060]).
Regarding claim 3, Lahiji et al. discloses wherein the acoustic waveform collector further applies one or more filters 108, 110 (fig. 8) to one or more corresponding valid signal sections to filter out body noise and environmental noise (“Noise cancellation 108 is preferably provided”; “De-convolver 110 serves to de-convolve the multiple sounds received from the body.” [0052]), wherein valid signal sections are identified by stripping out one or more invalid section in which the environmental background sound detected by the first acoustic-to-electric sensor (35 U.S.C. 112b rejection) exceeds a background threshold (“Additional physical structures, such as a noise suppression screen may be supplied on the side of the device that is oriented to ambient noise in operation” [0052]; ambient background noise is regarded as exceeding a background threshold when compared to sounds from within the body). Additionally the limitation, “wherein valid signal sections are identified by stripping out one or more invalid section in which (i) the environmental background sound detected by the first acoustic-to-electric sensor (35 U.S.C. 112b rejection) exceeds a background threshold or (ii) a magnitude of the body acoustic signals (35 U.S.C. 112b rejection) from the second acoustic-to-electric sensor (35 U.S.C. 112b rejection) is below a mounting threshold indicative of improper mounting of the apparatus” does not alter the structure of the apparatus and does not meaningfully alter how the one or more filters is applied to the one or more corresponding valid signal sections.
Regarding claim 4, Lahiji et al. discloses wherein the acoustic waveform collector further obtains one or more movement waveform inputs (“accelerometers” [0046], [0062]), wherein each of the one or more movement waveform inputs associates with a corresponding current heartbeat waveform inputs, and wherein each movement waveform input indicates a movement status of a user (“one or more accelerometers additionally capture the heart and respiration rate from the movement of the chest and monitor the activity level of the person” [0062]).
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 ERICA S LEE whose telephone number is (571)270-1480. The examiner can normally be reached M-F 8-7pm, flex.
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/ERICA S LEE/Primary Examiner, Art Unit 3796