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 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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: an inflating/deflating device and a control device in claim 1 and an inflating/deflating device and an interface in claim 5. The inflating/deflating device is a pump and valve, see ¶43. The control device is a A/D converter, a processor and output D/A converter, see ¶46-48. The interface of claim 5 is the A/D converter that receives the sensor signals, see ¶47.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-6 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. Claims 1, 5 and 6 recite “the estimated value” when referring to determining an air feeding flow rate. There is no antecedent bases for the estimated value as the claim previously recites an estimated value of capacity volume. It is not clear if these values are the same.
Claim 3 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. It is not clear what is meant by the control device is configured to deflate the internal pressure without interrupting the power supply to the inflation/deflation device. It seems from ¶69 the device can maintain a pump flow rate while deflating but this is not clear in the claim language. The inflating/deflating device contains the pump and the deflating value so activating the deflation would change or in a way interrupt the power supply.
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) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi et al. US 2014/0257116 in view of Eto et al. US 2011/0251499.
Regarding claim 1, 5 and 6, Kobayashi discloses a sphygmomanometer, comprising:
a ventilation passage adapted to be communicated with an interior of a cuff that is adapted to be attached to a body of a subject ([¶50] air tube 31);
an inflating/deflating device configured to perform at least one of air feeding and air exhausting through the ventilation passage to inflate/deflate internal pressure of the cuff ([¶50][FIG.1] air system 300 that contains pump 51 and valve 52); and
a control device configured to control an operation of the inflating/deflating device ([¶130][FIG.1] valve driving circuit 54 and pump driving circuit 53), wherein the control device is configured to:
cause the inflating/deflating device to initiate a first air feeding to the cuff with a prescribed flow rate ([FIG.10] at step 5 a constant inflation speed is set and inflation starts at step 6);
calculate an estimated value of a capacity volume of the cuff based on a time length for which the internal pressure inflates from a first value to a second value ([FIG.10] at step 9 the length of the cuff site is determined based on the volume change over time. [¶81,114-120] a change in volume and overall volume is determined);
determine, based on the estimated value, an air feeding flow rate for obtaining a prescribed inflating speed ([¶114-120] the inflation rate can be changed based on the determined length)
cause the inflating/deflating device to initiate a second air feeding to the cuff with the air feeding flow rate before the internal pressure reaches zero ([¶114-120] the inflation speed is changed); and
measure blood pressure of the subject while the second air feeding is performed ([¶93] the blood pressure is determined).
Kobayashi does not specifically disclose cause the inflating/deflating device to perform at least the air exhausting before an inflation of the internal pressure reaches a steady state to deflate the internal pressure. Eto teaches a similar blood pressure device that depressurizes then repressurizes at another rate ([¶80-85]). Therefore, it would have been obvious to one of ordinary skill in the art prior to the time of filing to combine the device of Kobayashi with the repressurization of Eto in order to have a more accurate measure of the pulse wave and blood pressure.
Regarding claim 2, Kobayashi does not specifically disclose the control device is configured to deflate the internal pressure to a value less than 10 mmHg before the second air feeding is initiated. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Kobayashi to include the 10 mmHg value since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claim 3, Eto teaches the control device is configured to deflate the internal pressure without interrupting power supply to the inflating/deflating device ([¶80] the deflating occurs while the pumping can continue).
Regarding claim 4, Kobayashi discloses the control device is configured to increase the air feeding flow rate after the second air feeding is initiated to maintain the inflating speed ([¶114-120] the inflation can be corrected).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL ANTHONY CATINA whose telephone number is (571)270-5951. The examiner can normally be reached 10-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Chen can be reached at 5712723672. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL A CATINA/Examiner, Art Unit 3791 /TSE W CHEN/Supervisory Patent Examiner, Art Unit 3791