DETAILED ACTION
This action is pursuant to the claims filed on 01/20/2026. Claims 19-25, 27-34, 36-38 are pending. A first action on the merits of claims 19-25, 27-34, 36-38 is as follows.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/20/2026 has been entered.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/20/2026 and 02/11/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim(s) 19-25 and 37-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bojovic (U.S. PGPub No. 2016/0296132) in view of Hwang-2 (U.S. PGPub No. 2020/0315480) and in further view of Baxi (U.S. PGPub No. 2014/0114166).
Regarding claim 19, Bojovic teaches An adhesive patch device for synthesizing a 12-lead electrocardiogram (ECG) (see Figs 2a-d), the device comprising: a patch of adhesive material having a back and a front ([0073]), wherein the back is configured to be adhesively secured to a patient's chest ([0073]); a first electrode and a second electrode integrated on the back of the patch configured to measure bioelectric signals from the patient's chest (Figs 2a-c, [0018]), wherein the first and second electrodes are positioned a distance of at least 5 cm apart ([0018]); a third electrode on the front of the patch and configured to measure bioelectric signals from the patient's right hand ([0018]); a fourth electrode on the front of the patch and configured to measure bioelectric signals from the patient's left hand ([0018]); a processor, within a housing of the patch, configured to derive three orthogonal cardiac leads from the first, second, third and fourth electrodes ([0018]); wherein the processor is configured to operate in a first mode, collect the three orthogonal cardiac leads and indicate that the three orthogonal cardiac leads are associated with a cardiac event when the finger contact on both the third electrode and the fourth electrode ([0018] discloses first mode of operation where device is configured to collect the three leads when the fingers contact the 3rd and 4th electrodes; [0026] and [0034] explicitly discloses processor is capable of associating leads with a cardiac condition). Bojovic further teaches that it is well-known in the art that one-lead ECG measurements may be used for detecting rhythm disorders ([0007]).
Bojovic fails to teach a detection circuit configured to detect finger contact on both the third electrode and the fourth electrode; wherein the detection circuit is further configured to detect that both the third electrode and the fourth electrode are not contacting a finger and wherein the processor is further configured to automatically operate in a second mode and detect a one-lead ECG signal from the first electrode and the second electrode when the detection circuit detects that both the third electrode and the fourth electrode are not contacting the finger.
In related prior art, Hwang-2 teaches a similar device comprising first and second electrodes configured to be contact by fingers of the right or left hand wherein the device comprises a detection circuit configured to detect finger contact on both the third electrode and the fourth electrode (Fig 11-12 [0114]; apparatus automatically detects finger contact with electrodes 111/112, and further detects contact or lack of contact with remaining electrodes on abdomen to enter the 1-lead mode or the 6-lead mode); wherein the processor is configured to operate in a first mode and collect the three orthogonal cardiac leads when the detection circuit detects the finger contact on both the third electrode and the fourth electrode ([0114] apparatus detects contact of fingers and abdomen to measure all six leads); wherein the detection circuit is further configured to detect that both the third electrode and the fourth electrode are not contacting a finger and wherein the processor is further configured to automatically operate in a second mode and detect a one-lead ECG signal ([0114] discloses one lead ECG signal mode when user does not contact all leads; this determination is disclosed as occurring “automatically”). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Bojovic to incorporate the detection circuit to sense contact and lack of contact with the third and fourth electrodes to initiate collection of the three orthogonal leads and to automatically operate in a second mode and detect a one-lead ECG signal when the detection circuit detects that the third and fourth electrode are not contacting the finger to arrive at claim 19. Doing so would advantageously enable continuous monitoring for heart arrythmias using one lead ECGs as is known in the art (Bojovic [0007]) while the user is not contacting the third and fourth electrodes, thus providing additional utility to the system for one-lead ECG monitoring to detect rhythm disorders when the user is not contacting all electrode leads (Hwang-2 [0114]).
Bojovic fails to teach and wherein the first electrode is disposed substantially over the third electrode and the second electrode is disposed substantially over the fourth electrode.
In related prior art, Baxi teaches a similar device comprising a first electrode and a second electrode integrated on the back of the patch configured to measure bioelectric signals from the patient's chest (Fig 1 electrodes 138/140 [0027]; alternatively Fig 4A-C electrodes 412/414); and a third electrode on the front of the patch and configured to measure bioelectric signals from the patient's right hand and a fourth electrode on the front of the patch and configured to measure bioelectric signals from the patient's left hand (Fig 1 electrodes 134/136; alternatively Fig 4A-C electrodes 408/410); and wherein the first electrode is disposed substantially over the third electrode and the second electrode is disposed substantially over the fourth electrode (Fig 1, electrodes 138/140 are disposed substantially over corresponding electrodes 134/136; Likewise Fig 4A-C show electrodes 412/414 over electrodes 408/410). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the position of the third and fourth electrodes of Bojovic in view of Hwang-2 and Baxi to incorporate the first and second electrodes disposed substantially over the third and fourth electrodes to arrive at claim 19. Doing so would have been a simple substitution of one well-known electrode arrangement (Bojovic, Fig 2A-C electrodes A-B not disposed over electrodes C, D, G) for another well-known electrode arrangement (Baxi Figs 1 and 4A-C, electrodes 138/140 and 134/136 are disposed substantially over one another) to yield the predictable result of providing electrodes able to measure signals from a torso and electrodes to measure signals from a user’s hand. Furthermore, it would have been an obvious matter of design choice to one having ordinary skill in the art at before the effective filing date of the claimed invention to have modified the position of the third and fourth hand electrodes, since applicant has not disclosed that the position of said electrodes in relation to the first and second electrodes solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the position of the third and fourth electrodes of Bojovic as the third and fourth electrodes alignment or lack of alignment with the first and second electrodes does not change the function and purpose of said third and fourth electrodes to measure signals from a right and left hand respectively.
Regarding claim 20, Bojovic further teaches a communication circuit within the housing configured to transmit the processed three orthogonal cardiac leads to a remote processor ([0018]).
Regarding claim 21, Bojovic further teaches a marker on the housing indicating an orientation of the housing ([0020]).
Regarding claim 22, Bojovic further teaches an LED on the housing indicating an orientation of the housing ([0020]).
Regarding claim 23, Bojovic further teaches wherein the third and fourth electrodes are disposed on two opposed sides with respect to a longitudinal plane of symmetry of the housing, said longitudinal plane of symmetry being substantially perpendicular to the back of the housing ([0021]).
Regarding claim 24, Bojovic further teaches a ground electrode on the housing for contacting one of the patient's hands disposed on either a side or a front of the housing ([0022]).
Regarding claim 25, Bojovic further teaches wherein either the third or fourth electrode is band- shaped and disposed along a first side of the housing ([0023]).
Regarding claim 37, Bojovic teaches an adhesive patch device for synthesizing a 12-lead electrocardiogram (ECG) (see Figs 2a-d), the device comprising: a patch of adhesive material having a back and a front ([0073], wherein the back is configured to be adhesively secured to a patient's chest ([0073]); a first electrode and a second electrode integrated on the back of the patch configured to measure bioelectric signals from the patient's chest ([0018]), a third electrode on the front of the patch and configured to measure bioelectric signals from the patient's right hand ([0018]); a fourth electrode on the front of the patch and configured to measure bioelectric signals from the patient's left hand ([0018]); wherein the third and fourth electrodes are disposed on opposed sides with respect to a longitudinal plane of symmetry that is substantially perpendicular to the back of the housing ([0021]); a processor, within a housing of the patch, configured to derive three orthogonal cardiac leads from the first, second, third and fourth electrodes ([0018]), wherein the processor is configured to operate in a first mode, collect the three orthogonal cardiac leads and indicate that the three orthogonal cardiac leads are associated with a cardiac event when the finger contact on both the third electrode and the fourth electrode ([0018] discloses first mode of operation where device is configured to collect the three leads when the fingers contact the 3rd and 4th electrodes; [0026] and [0034] explicitly discloses processor is capable of associating leads with a cardiac condition). Bojovic further teaches that it is well-known in the art that one-lead ECG measurements may be used for rhythm disorders ([0007]).
Bojovic fails to teach a detection circuit configured to detect finger contact on both the third electrode and the fourth electrode; wherein the detection circuit is further configured to detect that both the third electrode and the fourth electrode are not contacting a finger and wherein the processor is further configured to automatically operate in a second mode and detect a one-lead ECG signal from the first electrode and the second electrode when the detection circuit detects that both the third electrode and the fourth electrode are not contacting the finger.
In related prior art, Hwang-2 teaches a similar device comprising first and second electrodes configured to be contact by fingers of the right or left hand wherein the device comprises a detection circuit configured to detect finger contact on both the third electrode and the fourth electrode (Fig 11-12 [0114]; apparatus automatically detects finger contact with electrodes 111/112, and further detects contact or lack of contact with remaining electrodes on abdomen to enter the 1-lead mode or the 6-lead mode); wherein the processor is configured to operate in a first mode and collect the three orthogonal cardiac leads when the detection circuit detects the finger contact on both the third electrode and the fourth electrode ([0114] apparatus detects contact of fingers and abdomen to measure all six leads); wherein the detection circuit is further configured to detect that both the third electrode and the fourth electrode are not contacting a finger and wherein the processor is further configured to automatically operate in a second mode and detect a one-lead ECG signal ([0114] discloses one lead ECG signal mode when user does not contact all leads; this determination is disclosed as occurring “automatically”). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Bojovic to incorporate the detection circuit to sense contact and lack of contact with the third and fourth electrodes to initiate collection of the three orthogonal leads and to automatically operate in a second mode and detect a one-lead ECG signal when the detection circuit detects that the third and fourth electrode are not contacting the finger. Doing so would advantageously enable continuous monitoring for heart arrythmias using one lead ECGs as is known in the art (Bojovic [0007]) while the user is not contacting the third and fourth electrodes, thus providing additional utility to the system for one-lead ECG monitoring to detect rhythm disorders when the user is not contacting all electrode leads (Hwang-2 [0114]).
Bojovic fails to teach and wherein the first electrode is disposed substantially over the third electrode and the second electrode is disposed substantially over the fourth electrode.
In related prior art, Baxi teaches a similar device comprising a first electrode and a second electrode integrated on the back of the patch configured to measure bioelectric signals from the patient's chest (Fig 1 electrodes 138/140 [0027]; alternatively Fig 4A-C electrodes 412/414); and a third electrode on the front of the patch and configured to measure bioelectric signals from the patient's right hand and a fourth electrode on the front of the patch and configured to measure bioelectric signals from the patient's left hand (Fig 1 electrodes 134/136; alternatively Fig 4A-C electrodes 408/410); and wherein the first electrode is disposed substantially over the third electrode and the second electrode is disposed substantially over the fourth electrode (Fig 1, electrodes 138/140 are disposed substantially over corresponding electrodes 134/136; Likewise Fig 4A-C show electrodes 412/414 over electrodes 408/410). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the position of the third and fourth electrodes of Bojovic in view of Hwang-2 and Baxi to incorporate the first and second electrodes disposed substantially over the third and fourth electrodes to arrive at claim 37. Doing so would have been a simple substitution of one well-known electrode arrangement (Bojovic, Fig 2A-C electrodes A-B not disposed over electrodes C, D, G) for another well-known electrode arrangement (Baxi Figs 1 and 4A-C, electrodes 138/140 and 134/136 are disposed substantially over one another) to yield the predictable result of providing electrodes able to measure signals from a torso and electrodes to measure signals from a user’s hand. Furthermore, it would have been an obvious matter of design choice to one having ordinary skill in the art at before the effective filing date of the claimed invention to have modified the position of the third and fourth hand electrodes, since applicant has not disclosed that the position of said electrodes in relation to the first and second electrodes solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the position of the third and fourth electrodes of Bojovic as the third and fourth electrodes alignment or lack of alignment with the first and second electrodes does not change the function and purpose of said third and fourth electrodes to measure signals from a right and left hand respectively.
Regarding claim 38, the Bojovic/Hwang-2 combination teaches the device of claim 37 as stated above.
Hwang-2 further teaches wherein the detection circuit is further configured to detect that contact has been removed from both the third electrode and the fourth electrode and wherein the processor is further configured to detect a one-lead ECG signal from the first electrode and the second electrode when the detection circuit detects that contact has been removed from both the third electrode and the fourth electrode ([0114] ECG apparatus “automatically” determines whether the user contacts enough electrodes to display one lead or enough electrodes to display all leads, and displays the result, thus the processor also detects that contact has been removed from analogous third and fourth electrodes 111/112 of Fig 1). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bojovic in view of Hwang-2 to incorporate the detection circuit configured to detect that the finger contact has been removed from the third and fourth electrodes, wherein the processor is configured to detect a one-lead ECG signal from the first and second electrode when the detection circuit detects the removal of the fingers to arrive at claim 38. Doing so would advantageously enable continuous monitoring for heart arrythmias using one lead ECGs as is known in the art (Bojovic [0007]) when the user is not contacting the third and fourth electrodes, thus providing additional utility to the system for one-lead ECG monitoring to detect rhythm disorders when the user is not contacting all electrode leads (Hwang-2 [0114]).
Claim(s) 27 and 29-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bojovic in view of Hwang-2, Baxi, and in further view of Hwang (U.S. PGPub No. 2021/0137392).
Regarding claim 27, in view of the combination of claim 19 above, Bojovic teaches that it is well-known in the art that one-lead ECG measurements may be used for rhythm disorders ([0007]).
Bojovic fails to explicitly teach wherein the processor is configured to detect an irregular cardiac signal from the one-lead ECG signal and to prompt the patient to touch the third electrode and the fourth electrode when the irregular cardiac signal is detected.
In related prior art, Hwang further teaches that it is well-known in the art that one-lead ECG measurements may be used for detecting rhythm disorders ([0003]) and that PPG may also be used to detect rhythm disorders ([0025] and Fig 9, PPG detects heart rate variability in the same manner as a one-lead ECG); and further teaches a similar device for synthesizing 12-lead ECG measurements (see Fig 1 and [0058]) wherein the processor is configured to detect an irregular cardiac signal from the one-lead ECG signal and to prompt the patient to touch the third electrode and the fourth electrode when the irregular cardiac signal is detected ([0093-0094] Fig 8-10 cardiac arrythmia is detected which prompts an alarm to prompt the patient to touch the two exterior electrodes to perform an ECG reading). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Bojovic in view of Hwang-2 and Hwang to incorporate the processor being configured to automatically detect a one-lead ECG with the first and second electrodes when the third and fourth electrodes are not in use to advantageously continuously monitor for heart arrythmias (Bojovic [0007]) and to prompt the user to contact the third and fourth electrodes for a full ECG measurement when said arrythmia is detected (Hwang [0093-0094]). Such a use of a one-lead ECG would be obvious to one of ordinary skill in the art as one-lead ECGs are well-known to monitor for heart rhythm disorders (Bojovic [0007]). Furthermore, implementing the processor to prompt the patient to touch the third and fourth electrodes upon a detected irregular cardiac signal from the one-lead ECG would advantageously enable the device to collect ECG information from multiple channels during an arrhythmia event so that an accurate diagnosis may be later obtained (Hwang [0103]).
Regarding claim 29, Bojovic teaches an adhesive patch device for synthesizing a 12-lead electrocardiogram (ECG) (see Figs 2a-d), the device comprising: a patch of adhesive material having a back and a front ([0073], wherein the back is configured to be adhesively secured to a patient's chest ([0073]); a first electrode and a second electrode integrated on the back of the patch configured to measure bioelectric signals from the patient's chest ([0018]), wherein the first and second electrodes are positioned a distance of at least 5 cm apart ([0018]); a third electrode on the front of the patch and configured to measure bioelectric signals from the patient's right hand ([0018]); a fourth electrode on the front of the patch and configured to measure bioelectric signals from the patient's left hand ([0018]); wherein the third and fourth electrodes are disposed on opposed sides with respect to a longitudinal plane of symmetry that is substantially perpendicular to the back of the housing ([0021]); a processor, within a housing of the patch, configured to derive three orthogonal cardiac leads from the first, second, third and fourth electrodes ([0018]); wherein the processor is configured to operate in a first mode, collect the three orthogonal cardiac leads and indicate that the three orthogonal cardiac leads are associated with a cardiac event when the finger contact on both the third electrode and the fourth electrode ([0018] discloses first mode of operation where device is configured to collect the three leads when the fingers contact the 3rd and 4th electrodes; [0026] and [0034] explicitly discloses processor is capable of associating leads with a cardiac condition). Bojovic further teaches that it is well-known in the art that one-lead ECG measurements may be used for rhythm disorders ([0007]).
Bojovic fails to teach a detection circuit configured to detect finger contact on both the third electrode and the fourth electrode; wherein the detection circuit is further configured to detect that both the third electrode and the fourth electrode are not contacting a finger and wherein the processor is further configured to automatically operate in a second mode and detect a one-lead ECG signal from the first electrode and the second electrode when the detection circuit detects that both the third electrode and the fourth electrode are not contacting the finger.
In related prior art, Hwang-2 teaches a similar device comprising first and second electrodes configured to be contact by fingers of the right or left hand wherein the device comprises a detection circuit configured to detect finger contact on both the third electrode and the fourth electrode (Fig 11-12 [0114]; apparatus automatically detects finger contact with electrodes 111/112, and further detects contact or lack of contact with remaining electrodes on abdomen to enter the 1-lead mode or the 6-lead mode); wherein the processor is configured to operate in a first mode and collect the three orthogonal cardiac leads when the detection circuit detects the finger contact on both the third electrode and the fourth electrode ([0114] apparatus detects contact of fingers and abdomen to measure all six leads); wherein the detection circuit is further configured to detect that both the third electrode and the fourth electrode are not contacting a finger and wherein the processor is further configured to automatically operate in a second mode and detect a one-lead ECG signal ([0114] discloses one lead ECG signal mode when user does not contact all leads; this determination is disclosed as occurring “automatically”). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Bojovic to incorporate the detection circuit to sense contact and lack of contact with the third and fourth electrodes to initiate collection of the three orthogonal leads and to automatically operate in a second mode and detect a one-lead ECG signal when the detection circuit detects that the third and fourth electrode are not contacting the finger. Doing so would advantageously enable continuous monitoring for heart arrythmias using one lead ECGs as is known in the art (Bojovic [0007]) while the user is not contacting the third and fourth electrodes, thus providing additional utility to the system for one-lead ECG monitoring to detect rhythm disorders when the user is not contacting all electrode leads (Hwang-2 [0114]).
Bojovic fails to teach and wherein the first electrode is disposed substantially over the third electrode and the second electrode is disposed substantially over the fourth electrode.
In related prior art, Baxi teaches a similar device comprising a first electrode and a second electrode integrated on the back of the patch configured to measure bioelectric signals from the patient's chest (Fig 1 electrodes 138/140 [0027]; alternatively Fig 4A-C electrodes 412/414); and a third electrode on the front of the patch and configured to measure bioelectric signals from the patient's right hand and a fourth electrode on the front of the patch and configured to measure bioelectric signals from the patient's left hand (Fig 1 electrodes 134/136; alternatively Fig 4A-C electrodes 408/410); and wherein the first electrode is disposed substantially over the third electrode and the second electrode is disposed substantially over the fourth electrode (Fig 1, electrodes 138/140 are disposed substantially over corresponding electrodes 134/136; Likewise Fig 4A-C show electrodes 412/414 over electrodes 408/410). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the position of the third and fourth electrodes of Bojovic in view of Hwang-2 and Baxi to incorporate the first and second electrodes disposed substantially over the third and fourth electrodes. Doing so would have been a simple substitution of one well-known electrode arrangement (Bojovic, Fig 2A-C electrodes A-B not disposed over electrodes C, D, G) for another well-known electrode arrangement (Baxi Figs 1 and 4A-C, electrodes 138/140 and 134/136 are disposed substantially over one another) to yield the predictable result of providing electrodes able to measure signals from a torso and electrodes to measure signals from a user’s hand. Furthermore, it would have been an obvious matter of design choice to one having ordinary skill in the art at before the effective filing date of the claimed invention to have modified the position of the third and fourth hand electrodes, since applicant has not disclosed that the position of said electrodes in relation to the first and second electrodes solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the position of the third and fourth electrodes of Bojovic as the third and fourth electrodes alignment or lack of alignment with the first and second electrodes does not change the function and purpose of said third and fourth electrodes to measure signals from a right and left hand respectively.
Bojovic fails to explicitly teach wherein the processor is configured to detect an irregular cardiac signal from the one-lead ECG signal and to prompt the patient to touch the third electrode and the fourth electrode when the irregular cardiac signal is detected.
In related prior art, Hwang further teaches that it is well-known in the art that one-lead ECG measurements may be used for detecting rhythm disorders ([0003]) and that PPG may also be used to detect rhythm disorders ([0025] and Fig 9, PPG detects heart rate variability in the same manner as a one-lead ECG); and further teaches a similar device for synthesizing 12-lead ECG measurements (see Fig 1 and [0058]) wherein the processor is configured to detect an irregular cardiac signal from the one-lead ECG signal and to prompt the patient to touch the third electrode and the fourth electrode when the irregular cardiac signal is detected ([0093-0094] Fig 8-10 cardiac arrythmia is detected which prompts an alarm to prompt the patient to touch the two exterior electrodes to perform an ECG reading). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Bojovic in view of Hwang-2 and Hwang to incorporate the processor being configured to automatically detect a one-lead ECG with the first and second electrodes when the third and fourth electrodes are not in use to advantageously continuously monitor for heart arrythmias (Bojovic [0007]) and to prompt the user to contact the third and fourth electrodes for a full ECG measurement when said arrythmia is detected (Hwang [0093-0094]). Such a use of a one-lead ECG would be obvious to one of ordinary skill in the art as one-lead ECGs are well-known to monitor for heart rhythm disorders (Bojovic [0007]). Furthermore, implementing the processor to prompt the patient to touch the third and fourth electrodes upon a detected irregular cardiac signal from the one-lead ECG would advantageously enable the device to collect ECG information from multiple channels during an arrhythmia event so that an accurate diagnosis may be later obtained (Hwang [0103]).
Regarding claim 30, Bojovic further teaches a communication circuit within the housing configured to transmit the processed three orthogonal cardiac leads to a remote processor ([0018]).
Regarding claim 31, Bojovic further teaches a marker on the housing indicating an orientation of the housing ([0020]).
Regarding claim 32, Bojovic further teaches an LED on the housing indicating an orientation of the housing ([0020]).
Regarding claim 33, Bojovic further teaches a ground electrode on the housing for contacting one of the patient's hands disposed on either a side or a front of the housing ([0022]).
Regarding claim 34, Bojovic further teaches wherein either the third or fourth electrode is band- shaped and disposed along a first side of the housing ([0023]).
Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bojovic in view of Hwang-2 and Baxi as applied to claim 19, and in further view of Parker (U.S. PGPub No. 2011/0237922).
Regarding claims 28, Bojovic/Hwang-2/Baxi teach the device of claim 19 as stated above.
Bojovic fails to teach a symptoms present input on the patch, wherein the processor is configured so that the three orthogonal cardiac leads derived from the first, second, third and fourth electrodes are marked by a flag indicating that the patient has activated the symptoms present input.
In related prior art, Parker teaches a similar device for ECG wherein the device comprises a symptoms present input, wherein the processor is configured so that the three orthogonal cardiac leads derived from the first, second, third and fourth electrodes are marked by a flag indicating that the patient has activated the symptoms present input ([0101] event button 114 allows for the device to record and flag ECG signals when the button is activated by a patient after experiencing symptoms). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Bojovic in view of Hwang, Baxi and Parker to incorporate the symptoms present input to arrive at the device of claims 28. Doing so would advantageously allow for a patient to actively record physiological signals related to a symptomatic event for later analysis by a physician as needed ([0101]).
Claim(s) 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bojovic in view of Hwang-2, Baxi, and Hwang as applied to claim 29, and in further view of Parker (U.S. PGPub No. 2011/0237922).
Regarding claims 36, Bojovic/Hwang-2/Baxi/Hwang teach the device of claim 29 as stated above.
Bojovic fails to teach a symptoms present input on the patch, wherein the processor is configured so that the three orthogonal cardiac leads derived from the first, second, third and fourth electrodes are marked by a flag indicating that the patient has activated the symptoms present input.
In related prior art, Parker teaches a similar device for ECG wherein the device comprises a symptoms present input, wherein the processor is configured so that the three orthogonal cardiac leads derived from the first, second, third and fourth electrodes are marked by a flag indicating that the patient has activated the symptoms present input ([0101] event button 114 allows for the device to record and flag ECG signals when the button is activated by a patient after experiencing symptoms). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Bojovic in view of Hwang-2, Baxi, Hwang, and Parker to incorporate the symptoms present input to arrive at the device of claim 36 respectively. Doing so would advantageously allow for a patient to actively record physiological signals related to a symptomatic event for later analysis by a physician as needed ([0101]).
Response to Arguments
Applicant's arguments filed 01/20/2026 have been fully considered but they are not persuasive.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Regarding claims 19 and 37, the applicant states on page 9 of the remarks, “Bojovic does not teach or suggest a processor configured to “collect the three orthogonal cardiac leads, and indicate that the three orthogonal cardiac leads are associated with a cardiac event when the detection circuit detects finger contact on both the third electrode and the fourth electrode””. The examiner respectfully disagrees. Paragraph [0018] of Bojovic explicitly discloses a processor configured to collect three orthogonal leads when the fingers contact both the third and fourth electrodes as shown in Fig 2D. Paragraph [0026] and [0034] also both explicitly disclose the processor configured to indicate that the orthogonal leads are associated with a cardiac event. The remainder of applicant’s arguments directed to Hwang-2 and Baxi are unpersuasive in light of the above.
Arguments directed to claims 27-34 and 36 are equally unpersuasive for the reasons stated above.
Conclusion
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/ADAM Z MINCHELLA/Primary Examiner, Art Unit 3794