DETAILED ACTION
The Examiner acknowledges the amendments received 01 February 2026. Claims 12-15 and 27-28 are withdrawn; claims 1-11 and 16-26 are pending.
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 Arguments
Applicant's arguments filed 01 February 2026 have been fully considered but they are not persuasive. Since the arguments pertain to the amendments to the claims, they will be addressed below in the prior art rejection.
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 1-11 and 16-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deriso (U.S. 2019/0125270). Deriso discloses a case (130) of a size and shape suitable to be held in a hand of a subject (Abstract; Figures 2A-H), the case having front and rear surfaces; an acoustic transducer (270) comprising an accelerometer (par. 0109), which is disposed in the case and configured to output an acoustical signal in response to acoustic waves that are emitted from a thorax of the subject (par. 0093-0094) and received through the front surface of the case when the subject holds the front surface of the case against the thorax (Figures 3A-3B); one or more sensors (230, 220, 270) disposed on the case and configured to acquire one or more physiological signals from one or more fingers of the subject while the subject holds the case in the hand; and processing circuitry (Figures 1A-1B) contained in the case (par. 0067 and 0071) and coupled to receive and process the acoustical signal and the one or more physiological signals and to output data indicative of a medical condition of the subject.
As to the functional language and statement of intended use, these have been carefully considered but are not considered to impart any further structural limitations over the prior art. Since Deriso utilizes an accelerometer to collect frequency data from a chest of a subject as claimed by the applicant, Deriso’s device is therefore capable of being used to collecting infrasonic waves below 20 Hz. In addition nothing prevents Deriso’s accelerometer from being used in this way. Therefore, they are capable of receiving infrasonic waves from the chest (thorax) of a patient.
Regarding claim 2, Deriso discloses (Figure 2D) the case comprises a receptacle, which is fixed to the rear surface of the case and is shaped and oriented to receive one of the fingers of the subject and which contains a sensor (230) for acquiring at least one of the physiological signals from the one of the fingers.
Regarding claim 3, Deriso discloses (Figure 2D) the one or more sensors comprise one or more optical emitters (230), which are configured to direct optical radiation toward the one of the fingers in the receptacle, and an optical receiver, which is configured to output the physiological signal in response to the optical radiation that is received from the one of the fingers wherein the physiological signal is indicative of an oxygen saturation of blood in the one of the fingers.
Regarding claim 4, Deriso discloses (Figure 2D) the one or more sensors comprise an electrode (132), which is disposed on the case and is configured to contact one of the fingers of the subject, and wherein the processing circuitry is configured to extract an electrocardiogram (ECG) from the physiological signal acquired by the electrode.
Regarding claim 5, Deriso discloses (Figure 2C) comprising a further electrode (220) disposed on the front surface of the case and configured to contact the thorax of the subject, wherein the processing circuitry is configured to measure the ECG between the electrode contacting the one of the fingers and the further electrode contacting the thorax (Figure 7).
Regarding claim 6, Deriso discloses (par. 0098) the processing circuitry is configured to extract from the acoustical signal, a seismocardiogram (SCG) of the subject, to make a comparison between respective features of the SCG and the ECG, and to output the data responsively to the comparison.
Regarding claim 7, Deriso discloses (par. 0090 and 0100) the one or more sensors comprise one or more optical emitters, which are configured to direct optical radiation toward a finger of the subject, and an optical receiver, which is configured to output a further physiological signal in response to the optical radiation that is received from the finger, and wherein the processing circuitry is configured to extract a pulse waveform from the further physiological signal and to compare the pulse waveform to at least one of the ECG and the SCG.
Regarding claim 8, Deriso discloses (par. 0076) the front surface of the case comprises a membrane, which vibrates in response to the acoustic waves, and wherein the acoustic transducer is coupled to sense a vibration of the membrane.
Regarding claim 9, Deriso discloses (par. 0076) the acoustic transducer that is coupled to sense the vibration of the membrane is a first acoustic transducer and is configured to output a first acoustical signal in response to the vibration of the membrane, and wherein the device comprises a second acoustic transducer, which is configured to output a second acoustical signal in response to ambient acoustic waves that are incident on the case, and wherein the processing circuitry is configured to generate a measure of a physiological activity in the thorax responsively to a difference between the first and second acoustical signals.
Regarding claim 10, Deriso discloses (par. 0020) a user interface, which is configured to prompt the subject to vocalize one or more predefined sounds, wherein the processing circuitry is configured to process the acoustical signal received from both the first and second acoustic transducers while the subject vocalizes the one or more predefined sounds.
Regarding claim 11, Deriso discloses (Figure 2E) a pressure sensor (275), which is configured to sense a force applied between the front surface of the case and the thorax, wherein the processing circuitry is configured to output an instruction to the subject to modify the applied force responsively to the sensed force.
Regarding claim 16, Deriso discloses (Abstract) providing a case (130) of a size and shape suitable to be held in a hand of a subject (Figures 2A-H), the case containing an acoustic transducer (270) comprising an accelerometer (par. 0109), which is configured to output an acoustical signal in response to acoustic waves that are emitted from a thorax of the subject (par. 0093-0094) and received through a front surface of the case when the subject holds the front surface of the case against the thorax (Figures 3A-B), and one or more sensors (220, 230, 270) disposed on the case and configured to acquire one or more physiological signals from one or more fingers of the subject while the subject holds the case in the hand; and while the subject holds the case in contact with the thorax, receiving and processing (Figures 1A-1B) the acoustical signal and the one or more physiological signals so as to output data indicative of a medical condition of the subject (par. 0067 and 0071).
Regarding claim 17, Deriso discloses (Figure 2D) the case comprises a receptacle, which is fixed to the rear surface of the case and is shaped and oriented to receive one of the fingers of the subject and which contains a sensor (230) for acquiring at least one of the physiological signals from the one of the fingers.
Regarding claim 18, Deriso discloses (Figure 2D) the one or more sensors comprise one or more optical emitters (230), which are configured to direct optical radiation toward the one of the fingers in the receptacle, and an optical receiver, which is configured to output the physiological signal in response to the optical radiation that is received from the one of the fingers, wherein the physiological signal is indicative of an oxygen saturation of blood in the one of the fingers.
Regarding claim 19, Deriso discloses (Figure 2D) the one or more sensors comprises an electrode (132), which is disposed on the case and is configured to contact the one of the fingers of the subject, and wherein processing the physiological signal comprises extracting an electrocardiogram (ECG) from the physiological signal acquired by the electrode.
Regarding claim 20, Deriso discloses (Figure 2C) a further electrode (220) is disposed on the front surface of the case and configured to contact the thorax of the subject, and wherein extracting the ECG comprises measuring the ECG between the electrode contacting the one of the fingers and the further electrode contacting the thorax (Figure 7).
Regarding claim 21, Deriso discloses (par. 0098) extracting from the acoustical signal a seismocardiogram (SCG) of the subject, making a comparison between respective features of the SCG and the ECG, and to outputting the data responsively to the comparison.
Regarding claim 22, Deriso discloses (par. 0090 and 0100) the one or more sensors comprise one or more optical emitters, which are configured to direct optical radiation toward a finger of the subject, and an optical receiver, which is configured to output a further physiological signal in response to the optical radiation that is received from the finger, and wherein processing the physiological signal comprises extracting a pulse waveform from the further physiological signal and comparing the pulse waveform to at least one of the ECG and the SCG.
Regarding claim 23, Deriso discloses (par. 0076) the front surface of the case comprises a membrane, which vibrates in response to the acoustic waves, and wherein the acoustic transducer is coupled to sense a vibration of the membrane.
Regarding claim 24, Deriso discloses (par. 0076) the acoustic transducer that is coupled to sense the vibration of the membrane is a first acoustic transducer and is configured to output a first acoustical signal in response to the vibration of the membrane, and wherein the case contains a second acoustic transducer, which is configured to output a second acoustical signal in response to ambient acoustic waves that are incident on the case, and wherein processing the acoustical signal comprises generating a measure of a physiological activity in the thorax responsively to a difference between the first and second acoustical signals.
Regarding claim 25, Deriso discloses (par. 0020) prompting the subject to vocalize one or more predefined sounds, wherein processing the acoustical signal comprises analyzing the acoustical signal received from both the first and second acoustic transducers while the subject vocalizes the one or more predefined sounds.
Regarding claim 26, Deriso discloses (Figure 2E) the case contains a pressure sensor (275), which is configured to sense a force applied between the front surface of the case and the thorax, and wherein the method comprises outputting an instruction to the subject to modify the applied force responsively to the sensed force.
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 DEBORAH L MALAMUD whose telephone number is (571)272-2106. The examiner can normally be reached Mon - Fri 1:00-9:30 Eastern.
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/DEBORAH L MALAMUD/Primary Examiner, Art Unit 3792