DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after 16 March 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The preliminary amendment to the claims filed 11 July 2023 has been entered. Claim(s) 1-6, 11-19 and 22-25 is/are currently amended. Claim(s) 7-10 and 20 has/have been canceled. Claim(s) 1-6, 11-19 and 21-25 is/are pending.
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 ("BRI") 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 BRI 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(I), claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f):
(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). The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) 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). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) 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), 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), except as otherwise indicated in an Office action.
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 pre-AIA 35 U.S.C. 112, second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 14, 17 and claims dependent thereon is/are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, 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 pre-AIA the applicant regards as the invention.
Regarding claim 14 and claims dependent thereon, the claim is dependent upon itself and is therefore indefinite. Claim 14 will be further discussed with the understanding it dependent on claim 1.
Regarding claim 17 and claims dependent thereon, the claim is dependent upon itself and is therefore indefinite. Claim 17 will be further discussed with the understanding it dependent on claim 16.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2003/0212348 A1 (Lambert).
Regarding claim 23, Lambert discloses a method of manufacture of an auscultation module, the method comprising:
providing a mould (¶ [0044] aluminum mold);
arranging in the mould functional units of the auscultation module including an auscultation microphone (¶ [0044] placing the microphone in the mold; Fig. 1, where the cable(s) 6 are additionally within the molded material; ¶ [0035] telemetric means; etc.);
inserting into the mould a liquid-form settable elastomer (¶ [0044] liquid latex composition is placed in the mold surrounding the microphone); and
setting of the elastomer, so that the functional units of the auscultation module are contained and embedded in a resulting elastomer body (¶ [0044] allowing the liquid latex to cure).
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:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
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) 1-3, 13-14 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2019/0231262 A1 (Nasry) in view of US 2018/0177158 A1 (Yamaguchi); or alternatively, over Nasry in view of Yamaguchi and WO 2011/117862 A2 (cited by Applicant, Melman).
Regarding claim 1, Nasry discloses/suggests a wearable auscultation device comprising:
a wearable sensor support (throughout document, garment) configured to be worn on a user's torso (e.g., ¶ [0009], ¶ [0030], etc.) and to carry a plurality of auscultation modules (e.g., ¶ [0009] plurality of auscultation acoustic sensor devices, such as microphones, stethoscopes, etc.), positioning the plurality of auscultation modules in use at respective auscultation sites on the torso and retaining the plurality of auscultation modules in contact with the user's skin (e.g., ¶ [0009], ¶ [0019], etc.), wherein at least one of the auscultation modules comprises: a body of elastomer material providing a contact face for contact with the user's skin and an auscultation microphone to sense sound waves conducted through the elastomer material (e.g., ¶ [0009] microphones may be surrounded and contained in a pliable rubber material; ¶ [0009] detection devices are secured in direct contact with the skin of the patient; etc.).
Nasry does not expressly disclose the orientation of the auscultation microphone within the elastomer material. Additionally, Nasry does not disclose the auscultation module(s) comprises an acoustic element having an acoustic impedance different from the acoustic impedance of the elastomer material, the acoustic element being embedded in the body of elastomer material between the contact face and the auscultation microphone and defining an acoustic chamber which converges in the direction toward the auscultation microphone.
Yamaguchi discloses/suggests a wearable auscultation device comprising a wearable sensor support (harness) configured to be worn on a user's torso (e.g., Fig. 1) and to carry at least one auscultation module (sensor 100; Fig. 8; etc.), positioning the auscultation module(s) in use at respective auscultation sites on the torso and retaining the auscultation module(s) in contact with the user's skin (¶ [0087]), wherein the auscultation module comprises: a body of material providing a contact face for contact with the user's skin (Fig. 2B, sponge 103, which may be any suitable material having flexibility to maintain close contact with skin and sound propagating properties, e.g., ¶ [0123]); an auscultation microphone directed toward the contact face to sense sound waves conducted through the material (Fig. 2B, microphone 101; ¶ [0039] microphone is oriented toward the animal/user), and an acoustic element having an acoustic impedance different from the acoustic impedance of the material, the acoustic element being embedded in the body of material between the contact face and the auscultation microphone and defining an acoustic chamber which converges in the direction toward the auscultation microphone (Fig. 2B, basal portion 102; ¶ [0038] basal portion has a parabolic (e.g., funnel-shaped) recess and is preferably a material with high reflectance against sound waves; ¶ [0039], ¶ [0131], etc. basal portion 102 enables efficiently collecting sound emanating from the direction in which the recess is directed, i.e., towards the user, and minimizes collection of sound from other directions; etc.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nasry with the auscultation microphone being directed toward the contact face; and the auscultation module(s) further comprising an acoustic element having an acoustic impedance different from the acoustic impedance of the elastomer material, the acoustic element being embedded in the body of elastomer material between the contact face and the auscultation microphone and defining an acoustic chamber filled with the body material and which converges in the direction toward the auscultation microphone as taught and/or suggested by Yamaguchi in order to enable the auscultation module(s) to efficiently collect sound(s) emanating from the user (Yamaguchi, ¶ [0127]) and limit extraneous noises from being collected (Yamaguchi, ¶ [0139]).
As discussed above, Nasry discloses the microphone of the auscultation module/device may be surrounded by and contained in an elastomer (pliable rubber) material and configured to record heart and lung soundwaves (e.g., ¶ [0009]). While Nasry does not explicitly state sound waves are "conducted through the elastomer material," or has sound propagating properties, one of ordinary skill in the art would readily appreciate the elastomer material is at least sufficiently capable of conducting heart and lung soundwaves therethrough to be detected by the microphone contained therein. Alternatively/Additionally, Melman more expressly discloses a comparable device comprising a body of elastomer material (e.g., silicon rubber) providing a contact face for contact with the user's skin and a sensor to sense sound waves conducted through the elastomer material (e.g., pg. 7, line 25 - pg. 8, line 7), wherein the elastomer material is sufficiently flexible to conform the curvatures of the user's body to provide good acoustic contact (pg. 9, lines 7-17). Accordingly, Melman discloses an elastomer material that meets the requirements of the material encapsulating the microphone and acoustic element as taught/suggested by Yamaguchi. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nasry with the body being comprised of an elastomer material as taught/suggested by Melman as a simple substitution of one suitable auscultation module body material for another to yield no more than predictable results. See MPEP 2143(I)(B).
Regarding claim 2, Nasry as modified discloses/suggests the acoustic chamber is elastomer filled (e.g., Yamaguchi, Fig. 2B, wherein the chamber/recess is filled with the material of body 103, which is an elastomer, as discussed with respect to rejection of claim 1 above).
Regarding claim 3, Nasry as modified discloses/suggests the acoustic element includes a hollow conical form which converges in the direction toward the auscultation microphone (e.g., Yamaguchi, ¶ [0038] basal portion 102 has a parabolic (e.g., funnel-shaped) recess).
Regarding claim 13, Nasry as modified discloses/suggests the auscultation modules are removably attachable to the wearable sensor support (e.g., ¶ [0009] microphones may be removably attached to the garment).
Regarding claim 14, Nasry as modified discloses/suggests the wearable sensor support comprises includes a plurality of auscultation module couplings each configured to receive and mount one respective auscultation module (e.g., ¶ [0045] devices associated with the garment may be located into pockets formed on the garment, fastened by snaps, other mechanical fastening devices, etc.).
Regarding claim 16, Nasry as modified discloses/suggests the device further comprises a sensor for detecting a heartbeat (throughout document, garment includes a plurality of ECG leads).
Claim(s) 4-6 and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nasry in view of Yamaguchi (or over Nasry in view of Yamaguchi and Melman) as applied to claim(s) 1 above, and further in view of US 2019/0216420 A1 (Hsu).
Regarding claims 4-6, Nasry as modified discloses/suggests the limitations of claim 1, as discussed above, and further discloses/suggests includes at least one functional unit contained and embedded in the body of elastomer material, the functional unit(s) including a data interface for outputting an audio data stream, the data interface comprising an unwired data interface which transmits through the elastomer material (e.g., ¶ [0009] microphones, which may be surrounded and contained in a pliable rubber material, may be digital microphones adapted for Bluetooth connectivity with one or more computing devices). Nasry as modified does not expressly disclose the functional units further include a processor; a memory; and an electrical battery.
Hsu discloses/suggests auscultation module (¶ [0031] input unit or chest piece) including, inter alia, functional units comprising a processor (processor(s) 704); a memory (memory 712); a data interface for outputting an audio data stream (wireless transceiver 706); and an electrical battery (power component 714; ¶ [0059]), wherein the functional units of the auscultation module are contained and embedded in a body of elastomer material (e.g., ¶ [0033]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nasry with the functional units of the auscultation module contained and embedded in the body of elastomer material further including a processor, a memory, and an electrical battery as taught/suggested by Hsu in order to enable each auscultation module to process and transmit its audio data for further review and/or analysis (Hsu, ¶¶ [0085]-[0086]).
Regarding claims 11-12, Nasry as modified discloses/suggests the limitations of claim 1, as discussed above, but does not disclose the auscultation module further includes an ambient noise microphone directed away from the contact surface.
Hsu discloses/suggests a wearable auscultation module (¶ [0031] input unit or chest piece) including an auscultation microphone directed toward a contact surface (auscultation micro-phone(s) 206; ¶ [0036]); and an ambient noise microphone directed away from the contact surface (ambient microphone(s) 208; ¶ [0036]), wherein the wearable auscultation device is configured to cancel ambient noise from an audio data stream output from the auscultation microphone (e.g., ¶ [0025] a processor can apply a noise cancellation algorithm that considers as input the audio data produced by the auscultation microphone(s) and the audio data produced by the ambient microphone(s)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nasry with the auscultation module including an ambient noise microphone directed away from the contact surface and the wearable auscultation device being configured to cancel ambient noise from an audio data stream output from the auscultation microphone as taught/suggested by Hsu in order to improve the quality of sound recorded by the auscultation module(s) (Hsu, ¶ [0025]).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nasry in view of Yamaguchi (or over Nasry in view of Yamaguchi and Melman) as applied to claim(s) 13 above, and further in view of US 2022/0160300 A1 (Sysun).
Regarding claim 15, Nasry as modified discloses/suggests the limitations of claim 14, as discussed above, but does not expressly disclose each of the auscultation module couplings includes an aperture to receive the auscultation module and to engage its periphery.
Sysun discloses/suggests a comparable device comprising a wearable sensor support (vest 100) configured to be worn on a user's torso (e.g., ¶ [0054]) and to carry a plurality of auscultation modules (stethoscopes), wherein the wearable sensor support includes a plurality of auscultation module couplings each configured to receive and mount one respective auscultation module, the auscultation module couplings including an aperture to receive the auscultation module and to engage its periphery (e.g., Fig. 5C, recess and associated retaining lip shaped to receive and retain a respective stethoscope).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nasry with each of the auscultation module couplings including an aperture to receive the auscultation module and to engage its periphery as taught/suggested by Sysun as a simple substitution of one suitable mechanical auscultation module coupling for another to yield no more than predictable results. See MPEP 2143(I)(B).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nasry in view of Yamaguchi (or over Nasry in view of Yamaguchi and Melman) as applied to claim(s) 16 above, and further in view of Hsu and US 2016/0004224 A1 (Pi).
Regarding claim 17, Nasry as modified discloses/suggests the limitations of claim 16, as discussed above, but does not disclose the wearable auscultation device is configured to move from a dormant state to an active state upon detection of a heartbeat.
Hsu discloses/suggests a wearable auscultation module(s) configured to move from a dormant state to an active state upon detection said module(s) are being worn/secured to the surface of the body (¶¶ [0038]-[0039]). Pi discloses a wearable device comprising a sensor for detecting a heartbeat (HR sensor), wherein presence/detection of a heartbeat indicates the wearable device is being worn by a user (e.g., ¶ [0049]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nasry with the wearable auscultation device being configured to move from a dormant state to an active state upon detection of said device being worn, for example, by detection of a heartbeat, as taught/suggested by Hsu and Pi in order to ensure the microphone(s) of said device are not recording while not being worn, e.g., for privacy purposes (Hsu, ¶ [0038]), reducing power consumption, etc.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nasry in view of Yamaguchi (or over Nasry in view of Yamaguchi and Melman) as applied to claim(s) 1 above, and further in view of US 2019/0090053 A1 (Paré).
Regarding claim 18, Nasry as modified discloses/suggests the limitations of claim 1, as discussed above, but does not expressly disclose the auscultation microphone communicates with a gas-filled chamber formed in the body of elastomer material.
Paré discloses certain types of microphones typically utilize (i.e., a designed for use with) a small air cavity (e.g., ¶ [0038]; Fig. 3A; etc.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nasry with the auscultation microphone communicating with a gas-filled chamber formed in the body of elastomer material in order to facilitate utilizing certain types of microphones design to receive sound through the air (e.g., MEMS microphones) (Paré, ¶ [0038]).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nasry in view of Yamaguchi and Paré (or over Nasry in view of Yamaguchi, Melman and Paré) as applied to claim(s) 18 above, and further in view of US 2006/0129067 A1 (Grajales).
Regarding claim 19, Nasry as modified discloses/suggests the limitations of claim 1, as discussed above, but does not disclose the acoustic element includes a through-going opening arranged such that sound waves are able to pass through the through-going opening to reach the auscultation microphone.
Grajales discloses a wearable auscultation module comprising acoustic element (Fig. 3, stethoscopic cup 305) including a through-going opening arranged such that such that sound waves are able to pass through the through-going opening to reach an auscultation microphone (e.g., Fig. 3, opening at the vertex of the conical cavity leading to microphone 315).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nasry with the acoustic element including a through-going opening arranged such that sound waves are able to pass through the through-going opening to reach the auscultation microphone as taught/suggested by Grajales as a simple substitution of one suitable element shape/configuration suitable for providing a microphone at the bottom portion of the acoustic element for another to yield no more than predictable results. See MPEP 2143(I)(B).
Claim(s) 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamaguchi and Melman.
Regarding claim 21, Yamaguchi discloses/suggests an auscultation module (sensor 100; Fig. 8; etc.) comprising:
a body of material providing a contact face for contact with the user's skin (Fig. 2B, sponge 103, which may be any suitable material having flexibility to maintain close contact with skin and sound propagating properties, e.g., ¶ [0123]);
an auscultation microphone directed toward the contact face to sense sound waves conducted through the material (Fig. 2B, microphone 101; ¶ [0039] microphone is oriented toward the animal/user), and
an acoustic element having an acoustic impedance different from the acoustic impedance of the material, the acoustic element being embedded in the body of material between the contact face and the auscultation microphone and defining an acoustic chamber which converges in the direction toward the auscultation microphone (Fig. 2B, basal portion 102; ¶ [0038] basal portion 102 has a parabolic (e.g., funnel-shaped) recess and is preferably a material with high reflectance against sound waves; ¶ [0039], ¶ [0131], etc. basal portion 102 enables efficiently collecting sound emanating from the direction in which the recess is directed, i.e., towards the user, and minimizes collection of sound from other directions; etc.).
Yamaguchi does not expressly disclose the material is an elastomer material. However, as noted above, Yamaguchi discloses the body may be comprised of any material having flexibility to maintain close contact with skin and sound propagating properties (e.g., ¶ [0123]).
Melman discloses/suggests a comparable device comprising a body of elastomer material (e.g., silicon rubber) providing a contact face for contact with the user's skin and a sensor to sense sound waves conducted through the elastomer material (e.g., pg. 7, line 25 - pg. 8, line 7), wherein the elastomer material is sufficiently flexible to conform the curvatures of the user's body to provide good acoustic contact (pg. 9, lines 7-17). Accordingly, Melman discloses an elastomer material that meets the requirements of the material encapsulating the microphone and acoustic element as taught and/or suggested by Yamaguchi. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Yamaguchi with the body being an elastomer material as taught/suggested by Melman as a simple substitution of one suitable auscultation module body material for another to yield no more than predictable results. See MPEP 2143(I)(B).
Regarding claim 22, Yamaguchi as modified discloses and/or suggests the acoustic element includes a hollow conical form which converges in the direction toward the auscultation microphone (e.g., ¶ [0038] basal portion 102 has a parabolic (e.g., funnel-shaped) recess).
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lambert in view of US 2020/0128317 A1 (Feldman) and US 2011/0090626 A1 (Hoellwarth).
Regarding claim 24, Lambert discloses the limitations of claim 23, as discussed above, but does not expressly disclose providing some or all of the functional units on a circuit board. However, Lambert does disclose the auscultation module, or functional units thereof, may comprise telemetric means (¶ [0035]).
Feldman discloses/suggests a module comprising functional units including at least a microphone (microphones 808, 812) and telemetric means (¶ [0133] transmitter), wherein said functional units are provided on a circuit board(s) (PCB(s), ¶ [0106], ¶ [0133]) and encased in an elastomer material (e.g., ¶ [0133]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lambert with providing some of all of the functional units (e.g., microphone, telemetric means, etc.) on a circuit board as taught/suggested by Feldman as a simple substitution of one suitable method/means for providing the functional units for embedding in an elastomer material for another to yield no more than predictable results. See MPEP 2143(I)(B).
Lambert as modified does not disclose the method comprises partially filling the mould with the liquid-form settable elastomer; placing the circuit board upon the poured elastomer; and inserting further liquid-form settable elastomer over the circuit board.
Hoellwarth discloses/suggests a method of embedding/encasing an electronic component in an elastomer (e.g., silicone rubber) comprising partially filling a mould with a liquid-form settable elastomer; placing the electronic component upon the poured elastomer; and inserting further liquid-form settable elastomer over the electronic component (¶ [0129] the electronic component is sandwiched between two layers of material). Hoellwarth further discloses/suggests the above-noted process is a suitable, predictable alternative method of embedding/encasing an electronic component to the method apparently described by Lambert, i.e., a single pour molding process (e.g., ¶ [0129]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lambert to comprise partially filling the mould with the liquid-form settable elastomer; placing the circuit board upon the poured elastomer; and inserting further liquid-form settable elastomer over the circuit board as taught and/or suggested by Hoellwarth as a simple substitution of one suitable method/means of embedding the functional units of the auscultation module in an elastomer material for another to yield no more than predictable results. See MPEP 2143(I)(B).
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lambert in view of Yamaguchi.
Regarding claim 25, Lambert discloses the limitations of claim 23, as discussed above, but does not disclose placing an acoustic element between the auscultation microphone and a surface of the mould, so that the acoustic element is embedded in the elastomer body.
Yamaguchi discloses/suggests a comparable auscultation module comprising an acoustic element placed between an auscultation microphone and a contact surface of a body of material in which the auscultation microphone is embedded (e.g., Fig. 2B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lambert with placing an acoustic element between the auscultation microphone and a surface of the mould so that the acoustic element is embedded in the elastomer body as taught/suggested by Yamaguchi in order to enable the manufactured auscultation module(s) to efficiently collect sound(s) emanating from the user (Yamaguchi, ¶ [0127]) and limit extraneous noises from being collected (Yamaguchi, ¶ [0139]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure: see attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Meredith Weare whose telephone number is 571-270-3957. The examiner can normally be reached Monday - Friday, 9 AM - 5 PM.
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/Meredith Weare/Primary Examiner, Art Unit 3791