DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Group II, claims 10-20 in the reply filed on 12/18/2025 is acknowledged. Claims 1-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/18/2025.
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 11-13 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 11 recites the limitation "the housing" in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 12 recites the limitation "the second electrocardiogram sensor plate" in line 4. There is insufficient antecedent basis for this limitation in the claim. Claim 12 recites the limitation "the housing" in line 5. There is insufficient antecedent basis for this limitation in the claim. Claim 13 directly depends from claim 11 and is also rejected to for the reasons stated above regarding claim 11. As best understood for the purpose of examination claims 11-13 have been interpreted to include one or more cardiac sensors being provided on the handheld auscultation device with at least one electrode disposed against a palm of the user.
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) 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2014/0364755 to Sankai et al. (Sankai) (cited by applicant).
In reference to at least claim 10
Sankai discloses a method for processing signal data of a user using a handheld auscultation device (e.g. 220), comprising: simultaneously collecting auscultation signal data of a user using a bell and a microphone of the handheld auscultation device (e.g. “ the microphone 250 is provided at a center of an opening 240a in the electrocardiac detector 240. The microphone 250 detects the body sounds (including respiratory sound and cardiac sound)” para. [0115]) and cardiac signal data using one or more cardiac sensors of the handheld auscultation device at a contact point (e.g. “The electrodes 31 through 33 forming the electrocardiac detector 240”, para. [0114]); processing, using the handheld auscultation device, the auscultation signal data and the cardiac signal data to generate digital auscultation signal data and digital cardiac signal data (e.g. “When the controller 280 shapes the waveforms of the electrocardiac signals detected by the electrocardiac detector 240 of the stethoscope unit 220 and the signals of the cardiac sound and cardiac murmur detected by the microphone 250 of the stethoscope unit 220”, para. [0117]); and transmitting the digital auscultation signal data and the digital cardiac signal data to a mobile device connected to the handheld auscultation device (e.g. “and the shaped waveforms are transmitted from the communication unit 260, the waveforms of the electrocardiac signals, the cardiac sound, and the cardiac murmur received from the stethoscope unit 220 are displayed on the display unit 320 of the physician's side terminal apparatus 230 that is provided at the remote location”, para. [0117]).
Claim(s) 10 and 14-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0046241 to Lam et al. (Lam) (cited by applicant).
In reference to at least claim 10
Lam discloses a method for processing signal data of a user using a handheld auscultation device (e.g. 110), comprising: simultaneously collecting auscultation signal data of a user using a bell and a microphone of the handheld auscultation device (e.g.” a diaphragm-less based stethoscope design 111 and acoustic chamber 112 for acquiring the PCG.”, para. [0056], “The acoustic chamber 112 is designed into the housing for electronics and is able to amplify the heart sound for acquisition (i.e. transducing to electrical signals) using microphone 113. The acoustic chamber 112 creates a snug fit around the chest and isolates the environmental noise to enable quality PCG signal acquisition.”, para. [0057]) and cardiac signal data using one or more cardiac sensors of the handheld auscultation device at a contact point (e.g. “Three dry electrodes 451-453 are provided on the perimeter of the surface 311 to obtain ECG. The three dry electrodes 451-453 are arranged evenly apart from each other on the perimeter of the surface 311. When in use, the dry electrodes 451-453 are in contact with the skin of the subject.”, para. [0059]; “Another dry electrode 520 is provided on the side surface of the top part 320. “, para. [0064]); processing, using the handheld auscultation device, the auscultation signal data and the cardiac signal data to generate digital auscultation signal data and digital cardiac signal data (e.g. “The apparatus 110 is a wearable device communicatively connected to a mobile device 120. “, para. [0049], “processing unit 420 for processing the signal received from the microphone and dry electrodes.”, para. [0062], “The apparatus 110 further comprises a network interface 420 in order to be communicatively connectable with the mobile device 120. “, para. [0056], “The processing unit 420 can receive and transmit data, execute software applications.”, para. [0065]); and transmitting the digital auscultation signal data and the digital cardiac signal data to a mobile device connected to the handheld auscultation device (e.g. “The transceiver 423 is connected to an antenna which is configured to transmit outgoing data and receive incoming data over a radio communication channel. The radio communication channel can be a digital radio communication channel such as a WiFi, Bluetooth, RFID, NFC, DSRC, WiMax, CDMA, 3G/4G (or a future variant of cellular communication), GSM, or any other future wireless communication interface.”, para. [0068]).
In reference to at least claim 14
Lam discloses wherein the bell has a depth that is greater than 7.0 mm (e.g. “The acoustic chamber 112 is tapered to an optimised angle between 23° to 25° B (between the bottom surface 311 of the bottom part 310 and the opening 312) to cater for noise isolation and various body types creating gap of minimum distance of about 7 to 9 mm from the microphone to the skin C.”, para. [0058]).
In reference to at least claim 15
Lam discloses wherein the transmission is performed using wired or wireless connection (e.g. “The radio communication channel can be a digital radio communication channel such as a WiFi, Bluetooth, RFID, NFC, DSRC, WiMax, CDMA, 3G/4G (or a future variant of cellular communication), GSM, or any other future wireless communication interface. “, para. [0068]).
In reference to at least claim 16
Lam discloses :receiving, at the mobile device, the digital auscultation signal data and the digital cardiac signal data for the contact point (e.g. “The apparatus 110 is a wearable device communicatively connected to a mobile device 120. In response to receiving data from the apparatus 110, “, para. [0049]); and storing, at the mobile device, the digital auscultation signal data and the digital cardiac signal data for the contact point (e.g. “ a processing system 1300 or a virtual machine running on the processing system 1300 of a mobile device 120”, para. [0079], “The memory 1360 is a device that transmits and receives data to and from processor 1310 for storing data to a memory.”, para. [0084]).
In reference to at least claim 17
Lam discloses wherein the digital auscultation signal data is stored as an audio file and the digital cardiac signal data is stored as a data file (e.g. “The memory 1360 may include a non-volatile memory, such as a Read Only Memory (ROM), that stores instructions and data needed to operate various sub-systems of processing system 1300 and to boot the system at start-up. One skilled in the art will recognize that any number of types of memory may be used to perform this function…. One skilled in the art will recognize that any number of types of memory may be used as volatile memory and the exact type used is left as a design choice to those skilled in the art.”, para. [0084]).
In reference to at least claim 18
Lam discloses processing the digital auscultation signal data and the digital cardiac signal data to determine one or more clinical parameters (e.g. “Additionally, the apparatus 110 can also be applied to many applications beyond assisting in heart diagnosis, example detecting of lung anomaly, muscle degeneration, sign of life of a person, etc.”, para. [0051], “The system 100 can be used by clinicians for continuous monitoring of ECG and PCG for patients with asymptomatic heart anomaly. This is similar to the Holter monitoring, which only monitors the ECG whilst the system 110 according to this disclosure monitors both ECG and PCG concurrently for better medical diagnosis. In addition, clinicians can also use the system to conduct remote clinical assessment (e.g. tele-medicine) and provide effective assessments of heart anomaly.”, para. [0128]).
In reference to at least claim 19
Lam discloses generating a user interface using the digital auscultation signal data and the digital cardiac signal data, the user interface including a visualization of waveforms associated with the digital auscultation signal data and the digital cardiac signal data (e.g. “A mobile application is installed on the mobile device 120 to display the data acquired from the apparatus 110”, para. [0054], “The display 1340 receives display data from processor 1310 and display images on a screen for a user to see. The display 1340 may be a liquid crystal display (LCD) or organic light-emitting diode (OLED) display.”, para. [0083]).
In reference to at least claim 20
Lam discloses wherein the processing, using the handheld auscultation device, the auscultation signal data and the cardiac signal data to generate the digital auscultation signal data and the digital cardiac signal data includes: converting the auscultation signal data and the cardiac signal data to the digital auscultation signal data and the digital cardiac signal data (e.g. “For purposes of this description, the microphone 113 is an audio receiver that is able to convert sound into electrical signal. The audio receiver may include an analogue to digital converter to convert the electrical signal to digital signal.”, para. [0057], “An analogue to digital converter (ADC) 425 may be provided to the processing unit 420 to convert the analogue signals from touch sensor 510, microphone 113 and dry sensors 451-453 and 520 to digital signals.”, para. [0070])); and filtering the digital auscultation signal data and the digital cardiac signal data to remove noise (e.g. “Respective low pass filter (as show as shown 1711 and 1712, Fig. 17.4) will be applied for each of the ECG and PCG signals to remove noise.”, para. [0092]).
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.
Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0046241 to Lam et al. (Lam) in view of US 2002/0045805 to Gopinathan et al. (Gopinathan).
In reference to at least claim 11
Lam discloses a method according to claim 10. Lam further discloses the one or more electrodes includes a first electrocardiogram sensor disposed on the housing (e.g. “Three dry electrodes 451-453 are provided on the perimeter of the surface 311 to obtain ECG. The three dry electrodes 451-453 are arranged evenly apart from each other on the perimeter of the surface 311. When in use, the dry electrodes 451-453 are in contact with the skin of the subject.”, para. [0059]; “Another dry electrode 520 is provided on the side surface of the top part 320. “, para. [0064]) and that the subject can place his or her finger in contact with dry electrode 520 to provide stability to reference potential of ECG acquisition (e.g. para. [0059]).
Lam does not explicitly disclose the first electrode sensor being disposed against a palm of the user.
Gopinathan discloses a tele-diagnostic device which discloses a glove probe (e.g. 12) that is strapped to a user’s hand (e.g. Fig. 1, para. [0030]) with one or more cardiac sensors (e.g. 40a-40j) including a cardiac sensor which are disposed on the palm (e.g. 40b, 40i, Figs. 2,4) allowing free and close contact with the skin surface of the person using the probe (e.g. para. [0019]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Lam to include positioning at least one of the dry electrodes so that it is disposed against a palm of the user, as taught by Gopinathan, in order to provide free and close contact with the skin surface of the person using the auscultation device providing a simple arrangement for gathering cardiac diagnostic information (‘805, para. [0007], [0019]).
In reference to at least claim 12
Lam modified by Gopinathan renders obvious a method according to claim 11. Lam further discloses wherein: the one or more cardiac sensors includes a second electrocardiogram sensor and a third electrocardiogram sensor; and the second electrocardiogram sensor plate and the third electrocardiogram sensor are disposed along the circumference of the housing (e.g. “Three dry electrodes 451-453 are provided on the perimeter of the surface 311 to obtain ECG. The three dry electrodes 451-453 are arranged evenly apart from each other on the perimeter of the surface 311. When in use, the dry electrodes 451-453 are in contact with the skin of the subject.”, para. [0059]).
In reference to at least claim 13
Lam modified by Gopinathan renders obvious a method according to claim 11. Gopinathan discloses the glove probe being strapped against a hand of the user (e.g. “The glove probe 12 can then preferably be tightened around the patient's wrist by any suitable means such as a Velcro strap.” para. [0030]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Lam to include the auscultation device with the cardiac sensors being strapped to the hand of the user and positioning at least one of the dry electrodes so that it is disposed against a palm of the user, as taught by Gopinathan, in order to provide free and close contact with the skin surface of the person using the auscultation device providing a simple arrangement for gathering cardiac diagnostic information (‘805, para. [0007], [0019]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2013/0116584 to Kapoor which teaches a biometric front-end recorder system with a bell and a microphone. US 2019/0298183 to Burg et al. which teaches a portable device with multiple integrated sensor for vital sign scanning.
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/JENNIFER L GHAND/Examiner, Art Unit 3796