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 Species G, embodiment drawn to Figure(s) 12A-12B, in the reply filed on 3/12/26 is acknowledged.
Applicant indicated claims 14-18 are drawn to non-elected subject matter and cancelled the claims.
With respect to the claims comprising non-elected subject matter not indicated by Applicant and not disclosed with respect to elected Species G and Figures 12A-12B, the Examiner respectfully notes the following:
Claims 2-7, particularly the heater trace element specifics, are drawn to at least multiple, non-elected Species J and K and Figures 17A-18B, respectively, and the instant Specification’s description thereof [0183-0184]; and
Claims 10-13, particularly the sock element specifics and symmetrical aspects, are drawn to at least non-elected Species J and Figures 17A-17B and the instant Specification’s description thereof [0182-0183].
Claims 2-7 and 10-18 are withdrawn (14-18 now cancelled) from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/12/26. Thus, elected claims 1, 8 and 9 are examined hereinbelow on the merits.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Information Disclosure Statement
The accompanying information disclosure statement (IDS) submission(s) is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Objections
Claim 8 is objected to because of the following informalities: the positive recitation of “temperature senor” in lines 1-2 should apparently read “temperature sensor”, or the like. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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, 8, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Strasser et al. (US 11,134,859 B2, hereinafter Strasser).
For claim 1, Strasser discloses a system (400) configured to detect a stroke event based on a measurement of one or more physiological parameters from a sole of a foot (Figs 3, 39-52) (Cols 10-28), the system comprising inter alia:
a physiological sensor (412, 414) (Col 10 Li 42-67, Col 12, Li 8-48) comprising: a blood volume sensor (412, 414);
a shoe insert or a sock (Col 10 Li 42-67, Col 12, Li 8-48) configured to integrate a stimulus source (410) and the physiological sensor (Figs 40-41) (Col 10 Li 42-67, Col 12, Li 8-48), wherein the shoe insert or the sock is configured to position the physiological sensor for measurement of the one or more physiological parameters from the sole of the foot of a person (Col 10 Li 42-67, Col 12, Li 8-48, Col 16 Li 36 – Col 18 Li 20); and
one or more hardware processors communicatively coupled to the physiological sensor (Col 17 Li 20), wherein the one or more hardware processors are configured (Fig 52) to:
output a first activation signal to the stimulus source configured to heat the sole of the foot (S5204);
measure one or more physiological parameters from the blood volume sensor responsive to heating the sole of the foot (S5206); and
determine a stroke event based at least on the measurement of the one or more physiological parameters (S5208, S5210).
For claim 8 , Strasser discloses the system of Claim 1, wherein the physiological sensor is a temperature sensor (414).
For claim 9, Strasser discloses the system of Claim 1, further comprising a battery (407) positioned in a proximity of an ankle of the person (Col 10 Li 42-67, Col 12, Li 8-48).
Conclusion
The cited prior art made of record on the accompanying PTO-892 and not relied upon is considered pertinent to applicant's disclosure, relating to means for configuring stroke detection devices with heating induced vasodilation and temperature sensing around peripheral body portions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey G. Hoekstra whose telephone number is (571)272-7232. The examiner can normally be reached Monday through Thursday from 5am-3pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles A. Marmor II can be reached at (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Jeffrey G. Hoekstra
Primary Examiner
Art Unit 3791
/JEFFREY G. HOEKSTRA/ Primary Examiner, Art Unit 3791
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