DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim 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.
Claim 29 is 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.
The term “safe” in claim 29 is a relative term which renders the claim indefinite. The term “safe” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is unclear what it means for a deformation to be “safe” as the specification does not provide a clear description of what “safe” is.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 27-33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oliveira et al. ‘400 (US Pub No. 2013/0085400 – previously cited).
Regarding claim 27, Oliveira et al. ‘400 teaches a device for measuring a skull volumetric variation (Title, Abstract) comprising:
a. a transducer of variation (Figs. 5-10 strain sensor 15 and [0043]) comprising a detector of variation (Figs. 5-10 pin 16 and [0044]) provided with a first end configured to receive a deflection related to skull volumetric variation, wherein the transducer of variation converts a detected variation on electric signal ([0046]); and
b. a housing (Fig. 4 sensor housing and [0043]), wherein the transducer of variation is positioned inside the housing (Fig. 6 shows pin 16 is in the sensor housing.), said housing comprising a locking device (Fig. 8 internal display 12 and [0038]) provided with a first end comprising a trigger (Fig. 6 sensing bar 13 and [0044]) and a second end, opposite to the first end, comprising an opening, wherein the opening is adapted to be associated to the detector of variation (The opening at the end of sensing bar 13 connects to pin 16, as seen in Fig. 10.); wherein the housing further comprises a delimiting enclosure (The enclosure surrounded by the lid 7 is interpreted as the delimiting enclosure.) positioned opposite to the first end of the detector of variation, and the delimiting enclosure comprising a limiting element (Fig. 10 support 11 and [0043]).
Regarding claim 28, Oliveira et al. ‘400 teaches wherein the detector of variation comprises a pin (Figs. 5-10 pin 16 and [0044]), in which said pin is connected to the transducer of variation (Pin 16 is connected to strain sensor 15.), wherein the pin detects variation and generates a deformation on said transducer of variation for converting on electric signal ([0046]).
Regarding claim 29, Oliveira et al. ‘400 teaches wherein the housing comprises a safety space between the delimiting enclosure and the transducer of variation (The area between the lid 7 and the strain sensor 15 is interpreted as a safety space.), wherein the safety space provides a safe deformation of the transducer of variation ([0046]; The strain sensor 15 can bend, or deform, in the area between the lid 7 and strain sensor 15.).
Regarding claim 30, Oliveira et al. ‘400 teaches wherein the housing comprises a switch comprising a trigger opening configured to be associated with the trigger (Sensor bar 13 is connected to the support 11. This connection is interpreted as a “switch.”), wherein said switch comprises a displacement limited by the limiting element (The movement of sensor bar 13 is limited by the support 11.).
Regarding claim 31, Oliveira et al. ‘400 teaches wherein the transducer of variation is cantilevered fixed on a base (Figs. 6-10 sensor box base 9 and [0043]; Strain sensor 15 is cantilevered to sensor box base 9 via the support 11.).
Regarding claim 32, Oliveira et al. ‘400 teaches a system for non-invasive monitoring of intracranial pressure (Title, Abstract) comprising:
a. a device for measuring the skull volumetric variation (Fig. 1 equipment 1 and [0035]) comprising:
a transducer of variation (Figs. 5-10 strain sensor 15 and [0043]) comprising a detector of variation (Figs. 5-10 pin 16 and [0044]) provided with a first end configured to receive a deflection related to skull volumetric variation (Figs. 6-10 show that pin 16 is at a first end.), wherein the transducer of variation converts the deflection into electric signals, being the electric signals related to intracranial pressure of a user ([0046]);
a housing (Fig. 4 sensor housing and [0043]), wherein the transducer of variation is positioned inside the housing (Fig. 6 shows pin 16 is in the sensor housing.), said housing comprising a locking device provided (Fig. 8 internal display 12 and [0038]) with a first end comprising a trigger (Fig. 6 sensing bar 13 and [0044]) and a second end, opposite to the first end, comprising an opening, wherein the opening is adapted to be associated to the detector of variation (The opening at the end of sensing bar 13 connects to pin 16, as seen in Fig. 10.); wherein the housing further comprises a delimiting enclosure (The enclosure surrounded by the lid 7 is interpreted as the delimiting enclosure.) positioned opposite to the first end of the detector of variation, and the delimiting enclosure comprising a limiting element (Fig. 10 support 11 and [0043]); and
a wireless antenna positioned inside the housing for transmitting the electric signals related to intracranial pressure of the user ([0047]; “wireless communication technologies”);
b. a pre-configured receiver receiving the transmitted electric signals related to intracranial pressure of the user (One of ordinary skill would understand that in order for the external display 14 to receive the ICP data, the external display 14 should need a receiver.); and
c. a monitor in communication with the pre-configured receiver displaying the electric signals related to intracranial pressure of the user (Fig. 1 external display 14 and [0038]).
Regarding claim 33, Oliveira et al. ‘400 teaches wherein the detector of variation comprises a pin (Figs. 5-10 pin 16 and [0044]), wherein the skull volumetric variation of the user applies a deflection to the pin (Pin 16 is connected to strain sensor 15.) which transfers the deflection in order to deform the transducer of variation generating a differential voltage signal related to the intracranial pressure of the user ([0046]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AURELIE H TU whose telephone number is (571)272-8465. The examiner can normally be reached [M-F] 7:30-3:30.
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/AURELIE H TU/ Primary Examiner, Art Unit 3791