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.
Claims 4 and 5 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. With regard to claim 4, the phrases “the physiological telemetry electrode” and “the physiological activity signals” lack antecedent basis. With regard to claim 5, the phrase “the physiological activity signals” lacks antecedent basis.
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) 3, 4, 6, 7, 9 – 14, 16, 17, 20 – 22, 24 – 29, 31 – 33, and 39 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Khair et al. (USPN 6,897,788). The arrangement of Figures 2 and 3 as discussed in column 6, line 65 – column 8, line 4 provides details of a physiological telemetry electrode arrangement including connectable case, processor, ADC, and wireless communication elements, as well as additional circuit components, consistent with the claim requirements. Khair et al. provide further details of reception of data from plural sensors at a remote/base unit for display of data to the medical provider (Figures 1, 4 and the descriptions thereof).
Claim(s) 3, 5, 8, 11, 15, 18, 19, 23, 31 – 37, and 39 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toth et al. (USPGPub 2015/0351690). Toth et al. teach a modular physiologic monitoring system (Figures 1A, 6) comprising a module for monitoring physiological signals that can mate with a patch for providing connection to the subject during measurements (paragraphs [0013] – [0016]; [0021] – [0024]). The module can include sensors and corresponding circuitry for collecting data on a variety of physiological parameters (paragraphs [0040] – [0042]). Further details regarding implementation of the modules is discussed in “Modular Monitoring Aspects” (starting at paragraph [0107]) and “Module Features and Performance Enhancing Aspects” (starting at paragraph [0225]). Toth et al. provide further discussion of the module in combination with the patch (Figures 2B-2D and 12A-12C and the descriptions thereof) for sensing from the subject.
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) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Toth et al. as applied to claim 11 above. With regard to claim 38, Toth et al. teach a variety of physiological signals that may be collected, analyzed, and transmitted by the system, including ECG, pulse oximetry, blood pressure, etc., but do not provide an exhaustive list or particularly refer to collection of blood glucose data but indicate that other sensors may be included. As such, absent a showing of unexpected result or criticality, it would have been within the skill level of the art before the effective filing date of the claimed invention to have modified Toth et al. to collect, analyze, and transmit other known physiological signals of interest, including blood glucose, since it has generally been held to be obvious to modify a device in such a manner to rely on alternate equivalent expedients and Toth et al. indicate this would be an obvious modification.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Boesen (USPN 6,470,893); Mok et al. (USPN 6,643,541); and Besson et al. (USPN 7,215,991) teach further examples of patient-wearable ECG telemetry arrangements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC FRANK WINAKUR whose telephone number is (571)272-4736. The examiner can normally be reached Mon-Fri 9 am - 6 pm.
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, Chuck Marmor, II can be reached at 571-272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ERIC F WINAKUR/Primary Examiner, Art Unit 3791
Prosecution Insights