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 .
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“primary block” in all claims see [0028]-[0029], [0032] (using PG Pub for paragraph numbers;
“a primary interface” in all claims see [0029]-[0030], [0042];
“split detection block ” in all claims see [0027], [0029], [0031]-[0032];
“split interface” in all claims see [0029], [0042];
“detection unit” in all claims see [0030]-[0031], [0034];
“operational analysis unit” in claims 17-18, 27-28 see [0028], [0032];
“ID module” in claims 21, 31 see [0013], [0040]-[0041];
“wireless communication module” claims 24, 33 see [0046]
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 16-25, 33, 36 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.
Claim 16 recites “wherein, the primary block is externally connected to at least one said split detection block through the primary interface while integrated therein at least one detection unit” it is unclear what the “integrated therein” is referring to is it integrated into the primary or split block? Therefore, the claim does not clearly define the metes and bounds of the claim and the claim is indefinite. The claims depending from this claim share this issue and are likewise rejected. Reading the claim in view of the specification, Examiner believes the detection unit is supposed to be in the primary block as such that’s how this is being interpreted for purposes of examination.
Claim 16 recites “the detection unit of the primary block” however this lacks antecedent basis as there is no previous recitation of “the detection unit”, which causes a lack of clarity as to what is being referenced. Examiner notes that this may be reference to the element at issue in the previous 112b discussion above, which if so then this should follow the same phrasing (i.e. “the at least one detection unit” or similar) for consistency. In conclusion, the claim does not clearly define the metes and bounds of the claim and the claim is indefinite. The claims depending from this claim share this issue and are likewise indefinite.
Claims 24 and 33 recite “a wireless communication module configured to transmit /receive data associated with the split detection block and/or the detection unit, and/or an external instruction to/from an external device” lacks clarity. First, its unclear how “external instruction” (when interpreting external as external to the Health) is sent from the health detector (primary or split detector) to the external device. Examiner believes the phrasing underlined portion causes the confusion. The language does not clearly define the metes and bounds of what is claimed and renders the claim indefinite.
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) 16-18, 20, 22, 24-28, 30, 33-36 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US 20130253334 to Al-Ali et al. (hereinafter Ali).
Regarding Claim 16, a portable, multi-function health ([0009], Figs. 1A, 2A-B, 8-9A, 10), at least comprising:
a primary block ([0055]-[0056], [0085], Figs. 1A-D, 2A-B, 8-9D see also [0063], [0067], [0128]; Primary block is the one on the arm band), being configured to output and/or store detection data associated with various detection tasks ([0055], [0063], [0085]-[0086]; patient monitor on the person can transmit or store data),
a primary interface ([0029]-[0030], [0075], [0087], [0106]-[0107], [0130], Figs. 1A-B, 1E, 2A-B, 5, 8-10 see also [0085], [0128]; Interface/connector/port of primary block which connects the primary block to additional sensor(s)), being installed on the primary block and configured to establish adaptive connection with distinct, individual split detection blocks ([0029]-[0030], [0075], [0087], [0106]-[0107], [0130], Figs. 1A-B, 1E, 2A-B, 5, 8-10 see also [0085]), and
at least one said split detection block ([0030], [0054] including “can also be coupled to additional sensors, such as optical sensors, acoustic sensors, and/or electrocardiograph sensors.”, [0057], [0075], [0087] including “the patient monitor 216 b is connected to three different types of sensors.”, [0106]-[0107] including “connectors . . . for sensor cables (e.g., for optical, acoustic, ECG, and/or other sensors)”, [0130], Figs. 1A-B, 1E, 2A-B, 8-10; see also [0128]), being connected to the primary block through a split interface that is adapted to the primary interface, so as to perform corresponding detection tasks ([0030], [0075], [0087], [0106]-[0107], [0130], Figs. 1A-B, 1E, 2A-B, 5, 8-10 see also [0085], [0128]; Interface/connector/port of split detection block (aka external sensor) which connects the additional sensor(s) to the primary block. To the extent “so as to perform . . .” is an intended use of the device the structure recites by the prior art is functionally capable of performing the intended use),
wherein, the primary block is externally connected to at least one said split detection block through the primary interface ([0029]-[0030], [0075], [0087], [0106]-[0107], [0130], Figs. 1A-B, 1E, 2A-B, 5, 8-9A, 10 see also [0085]; Interface/connector/port of primary block which connects the primary block to additional sensors) while integrated therein at least one detection unit ([0055]-[0056], [0085], Figs. 1A-D, 2A-B, 8-9D see also [0063], [0071]; Primary block includes a “detection unit” or sensor),
in which,
only when connected to the primary block, is the split detection block enabled to perform the corresponding detection tasks ([0066]-[0067] including “control any other sensors that can be attached to the transceiver 116 or the cuff 112”, [0069], [0133], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10 see also [0083], [0128]; primary block “controls” devices and also provides power for the split detection block (i.e. the additional sensors). To the extent the element(s) is/are an intended use of the device the structure recites by the prior art is functionally capable of performing the intended use), and the detection tasks performed by the split detection block is different from the detection tasks of the detection unit of the primary block ([0030], [0054] including “can also be coupled to additional sensors, such as optical sensors, acoustic sensors, and/or electrocardiograph sensors.”, [0057], [0075], [0087], [0106]-[0107], [0130], Figs. 1A, 1E, 2A-B, 8-10; see also [0128]; primary block has one type of sensor and is connected to different split block detection unit (i.e. the additional sensors)), the split detection block and the primary block work together to perform the detection tasks ([0059], [0066]-[0067] including “control any other sensors that can be attached to the transceiver 116 or the cuff 112”, [0069], [0133], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10 see also [0083], [0120], [0128]; primary block “controls” devices and also provides power for the split detection block (i.e. the additional sensors) thus the primary block is “working together” with the split blocks), the split detection block which is the on-demand/plug-in activation will not perform any detection without the conformation from the primary block ([0066]-[0067] including “control any other sensors that can be attached to the transceiver 116 or the cuff 112”, [0069], [0133], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10 see also [0083], [0128]; primary block “controls” devices and also provides power for the split detection blocks (i.e. the additional sensors). To the extent the element(s) is/are an intended use of the device the structure recites by the prior art is functionally capable of performing the intended use),
the primary block is provided with a power source ([0069], [0133], Figs. 1A, 1E, 2B, 5, 8-9A, 10 see also [0083], [0121], [0128]), such that when the uncharged split detection block is connected to the primary block through the split interface, the primary block is enabled to power the split detection block ([0069], [0083], [0133], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10 see also [0128]; power is supplied by the primary block to the split detection blocks (i.e. the additional sensors). To the extent the element(s) is/are an intended use of the device the structure recites by the prior art is functionally capable of performing the intended use),
only when connected to the primary block, is the split detection block enabled to at least access and/or store data in the primary block ([0063], [0066]-[0067] including “control any other sensors that can be attached to the transceiver 116 or the cuff 112”, [0075]-[0076], [0131], [0133], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10 see also [0083], [0128]; primary block “controls” devices and also provides power through wired connection for the split detection block (i.e. the additional sensors). Wired connected additional sensors require the connection for power and data transfer capabilities. To the extent the element(s) is/are an intended use of the device the structure recites by the prior art is functionally capable of performing the intended use), and/or display information associated with the detection tasks through a display portion of the primary block in response to an operation of the primary block instructing so ([0063], [0066]-[0067] including “the wireless transceiver 116 might also include a display that outputs data reflecting any of the parameters described above”, [0076]-[0077], [0132], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10. To the extent the element(s) is/are an intended use of the device the structure recites by the prior art is functionally capable of performing the intended use).
Regarding Claim 17, an interpretation of Ali further discloses wherein the primary block and/or the split detection block is provided with an operational analysis unit ([0056], [0063]-[0064], [0067], [0075]-[0076], [0090], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10) that is configured to process the detection data from the detection unit and/or detection data of at least one said split detection block that is in connection with the primary block ([0056], [0063]-[0064], [0067], [0075]-[0076], [0090], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10).
Regarding Claim 18, an interpretation of Ali further discloses wherein the operational analysis unit is connected to and/or integrated with at least one analog-to-digital converter ([0067] including “can perform at least some front-end processing of the data, such as . . . analog-to-digital conversion”, [0126], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10 see also [0056], [0063]-[0064], [0090]; sensors additional and any on the primary block transfer the data to front end processing including the analog to digital converter (ADC) following which the digital signals then go through additional processing/analysis) that is configured to receive the detection task data from the primary block and/or from the split detection block by way of a sub-channel ([0056], [0063]-[0064], [0067], [0075]-[0076], [0083], [0090], [0126], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10), and the analog-to-digital converter converts and transmits the detection task data to the operational analysis unit for analysis and processing ([0056], [0063]-[0064], [0067], [0075]-[0076], [0090], [0126], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10)
Regarding Claim 20, an interpretation of Ali further discloses wherein the at least one kind of said split detection block contained in the health detector is configured to be connected to the primary block in a one-on-one manner according to detection need ([0030], [0075], [0087], [0106]-[0107], Figs. 1A, 1E, 2A-B, 5, 8-10 see also [0085], [0128]; Interface/connector/port of split detection block (aka additional or external sensor) which connects the additional sensor to the primary block), in which, the split detection block at least comprises a block selected from the following: a blood oxygen detection block ([0030], [0075] including “The optical sensor 102 . . . These parameters can include various blood analytes such as oxygen”, [0087], [0106]-[0107], Figs. 1A, 1E, 2A-B, 5, 8-10 see also [0085], [0128]).
Regarding Claim 22, an interpretation of Ali further discloses wherein only when connected to the primary block, is the split detection block enabled to activate one said detection task of the split detection block in response to an operation of the primary block instructing so ([0063], [0066]-[0067] including “control any other sensors that can be attached to the transceiver 116 or the cuff 112”, [0075]-[0076], [0131], [0133], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10 see also [0083], [0128]; primary block “controls” devices and also provides power through wired connection for the split detection block (i.e. the additional sensors). Wired connected additional sensors require the connection for power and data transfer capabilities).
Regarding Claim 24, an interpretation of Ali further discloses wherein the primary block is provided with a wireless communication module ([0062], [0072], [0079], [0085], [0105], [0122], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10) that is configured to transmit /receive data associated with the split detection block and/or the detection unit, and/or an external instruction to/from an external device ([0062], [0072], [0079], [0085], [0105], [0122], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10 see also [0066]-[0067]; For one non limiting example, data is gathered by sensors transferred to the wireless transmitter of primary block which then wirelessly transmits data to external device).
Regarding Claim 25, an interpretation of Ali further discloses wherein the primary block and/or the split detection block is provided with at least one data collector that is configured to collect data and transmit the collected data in an unprocessed form to the analog-to-digital converter where the data is converted so that usable data is provided to the operational analysis unit ([0067] including “can perform at least some front-end processing of the data, such as . . . analog-to-digital conversion”, [0126], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10 see also [0056], [0063]-[0064], [0090]; The ADCs are used to convert signals to digital (i.e. usable data) for analysis on a processor).
Regarding Claim 26, an interpretation of Ali discloses a portable, multi-function health detector, ([0009], Figs. 1A, 2A-B, 8-9A, 10) at least comprising:
a primary block ([0055]-[0056], [0085], Figs. 1A-D, 2A-B, 8-9D see also [0063], [0067], [0128]; Primary block is the one on the arm band) having an electrochemical detection unit and/or an oscillometric detection unit, and being configured to output at least one kind of health data ([0055]-[0056] including “the blood pressure device 110 a includes an inflatable cuff 112, which can be an oscilometric cuff”, [0085], Figs. 1A-D, 1E, 2A-B, 8-9A, 10 see also [0063], [0071]),
at least one split detection block ([0030], [0054] including “can also be coupled to additional sensors, such as optical sensors, acoustic sensors, and/or electrocardiograph sensors.”, [0057], [0075], [0087] including “the patient monitor 216 b is connected to three different types of sensors.”, [0106]-[0107] including “connectors . . . for sensor cables (e.g., for optical, acoustic, ECG, and/or other sensors)”, [0130], Figs. 1A-B, 1E, 2A-B, 8-10; see also [0128]) that is different from the oscillometric detection unit , and is configured to output at least one further kind of health data ([0030], [0054] including “can also be coupled to additional sensors, such as optical sensors, acoustic sensors, and/or electrocardiograph sensors.”, [0057], [0075], [0087], [0106]-[0107], [0130], Figs. 1A, 1E, 2A-B, 8-10; see also [0128]),
wherein, only when electrically connected ([0030], [0075], [0087], [0106]-[0107], [0130], Figs. 1A-B, 1E, 2A-B, 5, 8-10 see also [0085], [0128]; Interface/connector/port of split detection block (aka external sensor) physically (and electrically) connects the additional sensor(s) to the primary block using a wired connection. To the extent the element(s) is/are an intended use of the device the structure recites by the prior art is functionally capable of performing the intended use) to the outside of the primary block and driven by the primary block, is the split detection block enabled to generate the at least one further kind of health data ([0066]-[0067] including “control any other sensors that can be attached to the transceiver 116 or the cuff 112”, [0069], [0133], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10 see also [0083], [0128]; primary block “controls” devices and also provides power for the split detection block (i.e. the additional sensors)), the split detection block and the primary block work together to perform the detection tasks ([0059], [0066]-[0067] including “control any other sensors that can be attached to the transceiver 116 or the cuff 112”, [0069], [0133], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10 see also [0083], [0120], [0128]; primary block “controls” devices and also provides power for the split detection block (i.e. the additional sensors) thus the primary block is “working together” with the split blocks), the split detection block which is the on-demand/plug-in activation will not perform any detection without the conformation from the primary block ([0066]-[0067] including “control any other sensors that can be attached to the transceiver 116 or the cuff 112”, [0069], [0133], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10 see also [0083], [0128]; primary block “controls” devices and also provides power for the split detection blocks (i.e. the additional sensors)),
the primary block is provided with a power source ([0069], [0133], Figs. 1A, 1E, 2B, 5, 8-9A, 10 see also [0083], [0121], [0128]), such that when the uncharged split detection block is connected to the primary block through the split interface, the primary block is enabled to power the split detection block ([0069], [0083], [0133], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10 see also [0128]; power is supplied by the primary block to the split detection blocks (i.e. the additional sensors)),
only when connected to the primary block, is the split detection block enabled to at least access and/or store data in the primary block ([0063], [0066]-[0067] including “control any other sensors that can be attached to the transceiver 116 or the cuff 112”, [0075]-[0076], [0131], [0133], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10 see also [0083], [0128]; primary block “controls” devices and also provides power through wired connection for the split detection block (i.e. the additional sensors). Wired connected additional sensors require the connection for power and data transfer capabilities. To the extent the element(s) is/are an intended use of the device the structure recites by the prior art is functionally capable of performing the intended use), and/or display information associated with the detection tasks through a display portion of the primary block in response to an operation of the primary block instructing so ([0063], [0066]-[0067] including “the wireless transceiver 116 might also include a display that outputs data reflecting any of the parameters described above”, [0076]-[0077], [0132], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10. To the extent the element(s) is/are an intended use of the device the structure recites by the prior art is functionally capable of performing the intended use).
Regarding Claim 27, an interpretation of Ali further discloses wherein the primary block and/or the split detection block is provided with an operational analysis unit ([0056], [0063]-[0064], [0067], [0075]-[0076], [0090], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10) that is configured to process the detection data from the detection unit and/or detection data of at least one said split detection block that is in connection with the primary block ([0056], [0063]-[0064], [0067], [0075]-[0076], [0090], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10).
Regarding Claim 28, an interpretation of Ali further discloses wherein the operational analysis unit is connected to and/or integrated with at least one analog-to-digital converter ([0067] including “can perform at least some front-end processing of the data, such as . . . analog-to-digital conversion”, [0126], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10 see also [0056], [0063]-[0064], [0090]; sensors additional and any on the primary block transfer the data to front end processing including the analog to digital converter (ADC) following which the digital signals then go through additional processing/analysis) that is configured to receive the detection task data from the primary block and/or from the split detection block by way of a sub-channel ([0056], [0063]-[0064], [0067], [0075]-[0076], [0083], [0090], [0126], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10), and the analog-to-digital converter converts and transmits the detection task data to the operational analysis unit for analysis and processing ([0056], [0063]-[0064], [0067], [0075]-[0076], [0090], [0126], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10)
Regarding Claim 30, an interpretation of Ali further discloses wherein the at least one kind of said split detection block contained in the health detector is configured to be connected to the primary block in a one-on-one manner according to detection need ([0030], [0075], [0087], [0106]-[0107], Figs. 1A, 1E, 2A-B, 5, 8-10 see also [0085], [0128]; Interface/connector/port of split detection block (aka additional or external sensor) which connects the additional sensor to the primary block), in which, the split detection block at least comprises a block selected from the following: a blood oxygen detection block ([0030], [0075] including “The optical sensor 102 . . . These parameters can include various blood analytes such as oxygen”, [0087], [0106]-[0107], Figs. 1A, 1E, 2A-B, 5, 8-10 see also [0085], [0128]).
Regarding Claim 33, an interpretation of Ali further discloses wherein the primary block is provided with a wireless communication module ([0062], [0072], [0079], [0085], [0105], [0122], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10) that is configured to transmit /receive data associated with the split detection block and/or the detection unit, and/or an external instruction to/from an external device ([0062], [0072], [0079], [0085], [0105], [0122], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10 see also [0066]-[0067]; For one non limiting example, data is gathered by sensors transferred to the wireless transmitter of primary block which then wirelessly transmits data to external device).
Regarding Claim 34, an interpretation of Ali further discloses wherein the primary block and/or the split detection block is provided with at least one data collector that is configured to collect data and transmit the collected data in an unprocessed form to the analog-to-digital converter where the data is converted so that usable data is provided to the operational analysis unit ([0067] including “can perform at least some front-end processing of the data, such as . . . analog-to-digital conversion”, [0126], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10 see also [0056], [0063]-[0064], [0090]; The ADCs are used to convert signals to digital (i.e. usable data) for analysis on a processor).
Regarding Claim 35, an interpretation of Ali further discloses wherein the health detector is configured to at least be used for at least one or more kinds of blood oxygen detection ([0030], [0075] including “The optical sensor 102 . . . These parameters can include various blood analytes such as oxygen”, [0087], [0106]-[0107], Figs. 1A, 1E, 2A-B, 5, 8-10 see also [0085], [0128]).
Regarding Claim 36, an interpretation of Ali further discloses wherein the health detector is configured to at least be used for at least one or more kinds of blood oxygen detection ([0030], [0075] including “The optical sensor 102 . . . These parameters can include various blood analytes such as oxygen”, [0087], [0106]-[0107], Figs. 1A, 1E, 2A-B, 5, 8-10 see also [0085], [0128]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 19, 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ali in view of US 20200229765 to Peabody (hereinafter Peabody).
Regarding Claim 19, an interpretation of Ali may not explicitly disclose wherein the primary block is provided with a port for detection and/or calibration, such that upon insertion of a test paper and/or a standard test paper into the port, the corresponding detection data and/or standard data is recorded by the health detector, so as to at least obtain a relevant physiological index value measured according to an electrochemical detection principle.
However, in the same field of endeavor (medical diagnostic systems), Peabody teaches wherein the primary block is provided with a port for detection and/or calibration ([0010], [0077], Fig. 1H), such that upon insertion of a test paper and/or a standard test paper into the port ([0010], [0077], Fig. 1H), the corresponding detection data and/or standard data is recorded by the health detector, so as to at least obtain a relevant physiological index value measured according to an electrochemical detection principle ([0010], [0077], Fig. 1H).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified primary monitoring/sensing device with additional connected sensors as recited by Ali to include a test paper based electrochemical sensor into a multparameter physiological monitoring device as recited by Peabody because it provides in home ambulatory care effective and efficiently ([0004]-[0005]). Additionally, it would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have combined the primary monitoring/sensing device as recited by Ali to include a test paper based electrochemical sensor as recited by Peabody because it is merely Combining prior art elements according to known methods to yield predictable results.
Regarding Claim 29, an interpretation of Ali may not explicitly disclose wherein the primary block is provided with a port for detection and/or calibration, such that upon insertion of a test paper and/or a standard test paper into the port, the corresponding detection data and/or standard data is recorded by the health detector, so as to at least obtain a relevant physiological index value measured according to an electrochemical detection principle.
However, in the same field of endeavor (medical diagnostic systems), Peabody teaches wherein the primary block is provided with a port for detection and/or calibration ([0010], [0077], Fig. 1H), such that upon insertion of a test paper and/or a standard test paper into the port ([0010], [0077], Fig. 1H), the corresponding detection data and/or standard data is recorded by the health detector, so as to at least obtain a relevant physiological index value measured according to an electrochemical detection principle ([0010], [0077], Fig. 1H).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified primary monitoring/sensing device with additional connected sensors as recited by Ali to include a test paper based electrochemical sensor into a multparameter physiological monitoring device as recited by Peabody because it provides in home ambulatory care effective and efficiently ([0004]-[0005]). Additionally, it would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have combined the primary monitoring/sensing device as recited by Ali to include a test paper based electrochemical sensor as recited by Peabody because it is merely Combining prior art elements according to known methods to yield predictable results.
Claim Rejections - 35 USC § 103
Claim(s) 21, 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ali in view of US 20050283052 to Al-Ali et al. (hereinafter Weber).
Regarding Claim 21, Ali discloses the primary and split blocks with their associated sensing and interfaces as discussed above, an interpretation of Ali further discloses wherein the split detection block is provided with an information module providing properties of the sensor relevant for processing the signals ([0075]). an interpretation of Ali may not explicitly disclose an ID module, such that the split detection block in connection with the primary block is enabled to provide module ID data associated with the ID module to the primary block in response to said connection, in which the module ID data enables identification of the split detection block, the health detector has a working mode determined by the judgment result of the primary block on the module ID data, and the corresponding working mode is activated through manual selection and/or through automatic adaption made by the primary block, the primary block is configured to determine a data processing mode for the operational analysis unit based on the working mode determined according to the module ID data, and particularly the data processing mode for data from the corresponding split detection block adapted to connect with the primary interface.
However, in the same field of endeavor (medical diagnostic systems), Weber teaches an ID module ([0003]-[0004], [0008]-[0010]), such that the split detection block in connection with the primary block is enabled to provide module ID data associated with the ID module to the primary block in response to said connection, in which the module ID data enables identification of the split detection block ([0003]-[0004], [0008]-[0010] including “a monitor 300 adapted to recognize the sensor 200 accordingly”, Fig. 1), the health detector has a working mode determined by the judgment result of the primary block on the module ID data ([0003]-[0004], [0009] including ” identifies a particular application to the monitor 300”, [0010] including “the information element 230 is configured to identify that application or use to the monitor 300 accordingly. For example, when such a sensor 200 is connected to the monitor 300, the monitor 300 may select maximum sensitivity and minimum averaging time, providing hands-off optimum settings for these user-selectable operational parameters for a trauma care application.”), and the corresponding working mode is activated through manual selection and/or through automatic adaption made by the primary block ([0003]-[0004], [0009]-[0010]), the primary block is configured to determine a data processing mode for the operational analysis unit based on the working mode determined according to the module ID data ([0003]-[0004], [0008]-[0010], Fig. 1), and particularly the data processing mode for data from the corresponding split detection block adapted to connect with the primary interface ([0008]-[0010], Fig. 1).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified primary monitoring/sensing device with additional connected sensors as recited by Ali to include id module which provides identification and associated data of an additional sensor connected to the primary device as recited by Weber monitoring device is able to apply the preset operational parameters in emergency or trauma situations providing hands off optimum settings for the emergency situation ([0010]).
Regarding Claim 31, Ali discloses the primary and split blocks with their associated sensing and interfaces as discussed above, an interpretation of Ali further discloses wherein the split detection block is provided with an information module providing properties of the sensor relevant for processing the signals ([0075]). an interpretation of Ali may not explicitly disclose an ID module, such that the split detection block in connection with the primary block is enabled to provide module ID data associated with the ID module to the primary block in response to said connection, in which the module ID data enables identification of the split detection block, the health detector has a working mode determined by the judgment result of the primary block on the module ID data, and the corresponding working mode is activated through manual selection and/or through automatic adaption made by the primary block, the primary block is configured to determine a data processing mode for the operational analysis unit based on the working mode determined according to the module ID data, and particularly the data processing mode for data from the corresponding split detection block adapted to connect with the primary interface.
However, in the same field of endeavor (medical diagnostic systems), Weber teaches an ID module ([0008]-[0010]), such that the split detection block in connection with the primary block is enabled to provide module ID data associated with the ID module to the primary block in response to said connection, in which the module ID data enables identification of the split detection block ([0008]-[0010] including “a monitor 300 adapted to recognize the sensor 200 accordingly”, Fig. 1), the health detector has a working mode determined by the judgment result of the primary block on the module ID data ([0009] including ” identifies a particular application to the monitor 300”, [0010] including “the information element 230 is configured to identify that application or use to the monitor 300 accordingly. For example, when such a sensor 200 is connected to the monitor 300, the monitor 300 may select maximum sensitivity and minimum averaging time, providing hands-off optimum settings for these user-selectable operational parameters for a trauma care application.”), and the corresponding working mode is activated through manual selection and/or through automatic adaption made by the primary block ([0009]-[0010]), the primary block is configured to determine a data processing mode for the operational analysis unit based on the working mode determined according to the module ID data ([0008]-[0010], Fig. 1), and particularly the data processing mode for data from the corresponding split detection block adapted to connect with the primary interface ([0008]-[0010], Fig. 1).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified primary monitoring/sensing device with additional connected sensors as recited by Ali to include id module which provides identification and associated data of an additional sensor connected to the primary device as recited by Weber monitoring device is able to apply the preset operational parameters in emergency or trauma situations providing hands off optimum settings for the emergency situation ([0010]).
Claim Rejections - 35 USC § 103
Claim(s) 23, 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ali in view of US 20200321793 to Al-Ali et al. (hereinafter DeJong).
Regarding Claim 23, an interpretation of Ali further discloses wherein the split interfaces installed on the split detection blocks that are used for adaptively connecting to the primary block to perform different kinds of said detection tasks ([0030], [0068], [0075], [0087], [0106]-[0107], [0130], Figs. 1A-B, 1E, 2A-B, 5, 8-10 see also [0085], [0128]).
An interpretation of Ali may not explicitly recite the split interfaces are are identical to each other.
However, in the same field of endeavor (medical diagnostic systems), Dejong teaches split interfaces are identical to each other ([0199], [0214]; the interfaces for the external sensors/additional sensors connecting to the primary block are identical to each other).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified primary monitoring/sensing device with additional connected sensors as recited by Ali to include the interfaces from different additional sensors to be identical as recited by Dejong because it advantageously provides flexibility in the configuration of the system ([0199]).
Regarding Claim 32, an interpretation of Ali further discloses wherein only when connected to the primary block, is the split detection block enabled to activate one said detection task of the split detection block in response to an operation of the primary block instructing so ([0063], [0066]-[0067] including “control any other sensors that can be attached to the transceiver 116 or the cuff 112”, [0075]-[0076], [0131], [0133], Figs. 1A, 1E, 2A-B, 5, 8-9A, 10 see also [0083], [0128]; primary block “controls” devices and also provides power through wired connection for the split detection block (i.e. the additional sensors). Wired connected additional sensors require the connection for power and data transfer capabilities).
An interpretation of Ali may not explicitly recite the split interfaces are identical to each other.
However, in the same field of endeavor (medical diagnostic systems), Dejong teaches split interfaces are identical to each other ([0199], [0214]; the interfaces for the external sensors/additional sensors connecting to the primary block are identical to each other).
It would have been prima facie obvious to one of skill in the art before the effective filing date of the claimed invention to have modified primary monitoring/sensing device with additional connected sensors as recited by Ali to include the interfaces from different additional sensors to be identical as recited by Dejong because it advantageously provides flexibility in the configuration of the system ([0199]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20220287574 see for example [0184], Figs. 1A-C. Examiner could not find an English of the publications of CN 202011416632.8 and CN 202011425601.9 and depending on whether they provide support for the claims of the current App this reference may or may not be prior art.
US 10194862 to Chakravarthi et al. see Figs. 1A-F, 3A-B
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/James Moss/Examiner, Art Unit 3792