DETAILED ACTION
The communication dated 5/26/2026 has been entered and fully considered.
Claims 1-3 and 16-23 were canceled. Claim 5 was amended. Claims 24-31 were added. Claims 4-15 and 24-31 are currently pending.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 5/26/2026 is acknowledged.
Newly submitted claims 24-31 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: Inventions Group I and Group II are related as product and process of use. The inventions can be shown to be distinct if either or both of the following can be shown: (1) the process for using the product as claimed can be practiced with another materially different product or (2) the product as claimed can be used in a materially different process of using that product. See MPEP § 806.05(h). In the instant case the method of Group II can be practiced with another materially different product such as one which utilizes an electromagnetic signal other than ultra-wide band.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 24-31 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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.
Claims 7-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walker et al. U.S. Publication 2019/0365600 (henceforth referred to as Walker).
As for claim 7, Walker teaches a device (Fig. 1: part 100), comprising: a transmitter (Fig. 1: parts 138, 140, and 142) configured to transmit an UWB signal; a receiver (paragraph [0023]) configured to receive a reflection of the UWB signal from a wearable device or a medical device; and a processor (Fig. 1: part 132) configured to: determine a time-of-flight of the UWB signal between the transmitter and the receiver (paragraph [0023]); and determine a position of the wearable device or the medical device by analyzing the time-of-flight of the signal (paragraph [0052]).
As for claim 8, Walker further teaches: a backboard or a support device (Fig. 1: part 136) comprising the transmitter and the receiver, and wherein the processor is configured to determine the position of the wearable device or the medical device by determining a distance between the wearable device or the medical device and the backboard or the support device (paragraph [0052]).
As for claim 9, Walker further teaches that the wearable device comprises a glove worn by a rescuer (paragraph [0024]).
As for claim 10, Walker further teaches that the medical device comprises a mechanical chest compression device (paragraphs [0071]-[0075]).
As for claim 11, Walker further teaches that the receiver is configured to receive the reflection of the UWB signal from an adjunct disposed in a suction cup or pressure plate of the mechanical chest compression device (paragraphs [0040] and [0065]).
As for claim 12, Walker further teaches that the processor is further configured to: identify that the UWB signal has been reflected from the wearable device or the medical device by identifying a spectral signature of the reflection of the UWB signal (paragraph [0024]).
As for claim 13, Walker further teaches that the processor is further configured determine a depth of a chest compression performed on a subject by analyzing the position of the wearable device or the medical device (paragraphs [0027] and [0045]).
As for claim 14, Walker further teaches that the processor is further configured to: detect a recoil of a chest compression performed on a subject by analyzing the position of the wearable device or the medical device (paragraph [0024]).
As for claim 15, Walker further teaches: an output device (Fig. 1: part 131) configured to output an indication of the position of the wearable device or the medical device.
Allowable Subject Matter
Claims 4-6 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: Walker et al. U.S. Publication 2019/0365600, the closest prior art, differs from the instant claims in failing to teach determine a time-of-flight of the UWB signal between the transmitter, the wearable device, and the receiver; determine a distance between the wearable device and the support device by analyzing the time-of-flight of the UWB signal between the transmitter, the wearable device, and the receiver; determine a depth of a chest compression administered by the rescuer to the subject by analyzing the distance between the wearable device and the support device. Furthermore, it would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system taught by Walker as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEVON J SHAHINIAN whose telephone number is (571)270-1384. The examiner can normally be reached M-F: 9:30am-6:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Barr can be reached at (571)272-1414. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LEVON J SHAHINIAN/Primary Examiner, Art Unit 1711
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