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 1-10 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 1 recites “a plurality of elastomers, respectively disposed between each of the plurality of sub air-bladders and a corresponding one of the plurality of pressure sensors” in lines 7-8. It is unclear as to whether this limitation should be interpreted as: #1) the elastomers are disposed between each of the sub air-bladders, along with their corresponding pressure sensors, or #2) the elastomers are disposed between each sub air-bladder and its respective pressure sensor, as the claim could be interpreted either way. Furthermore, if the intended interpretation is #2), it is unclear as to how the plurality of elastomers can be disposed between each sub air-bladder and its corresponding pressure sensor, since the plurality of pressure sensors was previously recited as being disposed on the plurality of sub air-bladders in lines 5-6 of Claim 1. Clarification is requested.
Claim Rejections - 35 USC § 103
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 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.
Claims 1 and 3-10 are rejected under 35 U.S.C. 103 as being unpatentable over AUO Corp (CN 111887823; cited by Applicant; the machine translation, provided herewith, is referred to below) in view of Ide et al (WO 2005079665; the machine translation, provided herewith, is referred to below).
Regarding Claim 1, AUO Corp discloses a physiological signal measurement apparatus (Physiological signal measuring device; Abstract), comprising:
a base seat (base portion 11);
an air-bladder device, disposed on the base seat (The three bag portions 17 are located on the base portion 11 and are sequentially arranged on one surface of the base portion 11; Page 6 Paragraph 5) and comprising a plurality of sub air-bladders (the first bag portion 15, the second bag portion 16 and the third bag portion 17 are inflatable structures (for example, for filling gas, liquid, etc., or sponge, silica gel, etc.; Page 6 Paragraph 6);
a plurality of pressure sensors, respectively disposed on the plurality of sub air-bladders (the plurality of pressure sensors 21 are respectively located in the first bag portion 15, the second bag portion 16 and the third bag portion 17; Page 7 Paragraph 4);
a plurality of elastomers (the material of the base portion 11, the first bag portion 15, the second bag portion 16 and the third bag portion 17 is an airtight elastomer sheet; Page 6 Paragraph 5).
AUO Corp fails to teach wherein the plurality of elastomers are respectively disposed between each of the plurality of sub air-bladders and a corresponding one of the plurality of pressure sensors.
In a similar technical field, Ide teaches a blood pressure manometer (Abstract), wherein a plurality of elastomers (elastomer plate 11A; FIG. 4 shows an elastic plate 11C according to the third embodiment. (A) is a plan view of the elastic plate 11C, and (b) is a front view of the elastic plate 11C. The difference from the elastic plate 11A of the first embodiment is that, in the elastic plate 11C, the flat portion 11a is divided substantially near the center, and this divided portion is connected to be openable and closable by the hinge portion 22; [0010]) are respectively disposed between each of the plurality of sub air-bladders and a corresponding one of the plurality of pressure sensors (in the sphygmomanometer 10, the elastic body of the first embodiment is interposed between the cuff band 12 and the blood blocking bag 13. The plate 11A is interposed and fixed; [0017]; Examiner’s Note: Figure 1 shows wherein the elastomer plate 11A is disposed between the bag 13 and the pressure sensor 18).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the elastomer plate teachings of Ide into the invention of AUO Corp, because the elastomer plate flattens the flattened tendon tissue on the palm side with the flat portion, and then presses the peripheral tissue of the artery with the inclined portion; and, as a result, the difference in height between the tendon tissue and the surrounding tissue of the artery is reduced, so that the blood-blocking bag is evenly applied to the measurement site, and the compression force of the blood-blocking bag is efficiently transmitted to the artery. Therefore, blood pressure can be measured accurately and the plate can further stabilize the mounting position with respect to the wrist, so that it is less likely to be displaced from the wrist (Ide [0009]).
Regarding Claim 3, AUO Corp fails to teach wherein a thickness of the plurality of elastomers is less than or equal to 5 mm.
In a similar technical field, Ide teaches a blood pressure manometer (Abstract), wherein a thickness of the plurality of elastomers is less than or equal to 5 mm (The elastic body plate 11A is formed by, for example, bending and molding a flexible material such as plastic having a thickness t of 1 to 2 mm; [0020]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the elastomer plate teachings of Ide into the invention of AUO Corp, because the elastomer plate flattens the flattened tendon tissue on the palm side with the flat portion, and then presses the peripheral tissue of the artery with the inclined portion; and, as a result, the difference in height between the tendon tissue and the surrounding tissue of the artery is reduced, so that the blood-blocking bag is evenly applied to the measurement site, and the compression force of the blood-blocking bag is efficiently transmitted to the artery. Therefore, blood pressure can be measured accurately and the plate can further stabilize the mounting position with respect to the wrist, so that it is less likely to be displaced from the wrist (Ide [0009]).
Regarding Claim 4, AUO Corp discloses wherein the plurality of sub air-bladders are communicated with each other (Wherein, the base portion includes a filling portion, the base portion communicates with the first bag portion, the second bag portion and the third bag portion, and a filler is filled into the first bag portion, the second bag portion, and the second bag portion through the filling portion, the bag part and the third bag part; Page 6 Paragraph 8).
Regarding Claim 5, AUO Corp discloses wherein when the plurality of sub air-bladders are under a same inflation pressure, heights of the plurality of sub air-bladders relative to the base seat are different (When the first bag portion 15, the second bag portion 16 and the third bag portion 17 are inflated upward (in the direction Z shown in FIG. 3 ) due to filling, the first bag portion 15 has a first height H1 , and the second bag portion 15 has a first height H1 . 16 has a second height H2, and the third bag portion 17 has a third height H3 (as shown in FIG. 4 ), wherein the first height H1, the second height H2 and the third height H3 are sequentially increased, in other words, the third The height H3 is the highest, the second height H2 is the second, and the first height H1 is the lowest; Page 7 Paragraph 1).
Regarding Claim 6, AUO Corp discloses wherein the plurality of sub air-bladders comprise a first sub air-bladder, a second sub air-bladder, and a third sub air-bladder arranged on the base seat in sequence (The three bag portions 17 are located on the base portion 11 and are sequentially arranged on one surface of the base portion 11; Page 6 Paragraph 5; Figures 1-3, 5-6), when the first sub air-bladder to the third sub air-bladder are under the same inflation pressure, heights of the first sub air-bladder and the third sub air-bladder relative to the base seat are greater than a height of the second sub air-bladder relative to the base seat (In some embodiments, the first height H1 is between 2.2 mm and 8.2 mm, preferably between 3.2 mm and 7.2 mm. The second height H2 is between 7.3mm and 13.3mm, preferably between 8.3mm and 12.3mm. The third height H3 is between 8.5mm and 14.5mm, preferably between 9.5mm and 13.5mm; Page 7 Paragraph 2; Examiner’s Note: If H1 is at the upper range, around 8.2mm, and H2 is at the lower range, around 7.3mm, then H1 would be greater than H2. Furthermore, many different heights within the H3 range would qualify as being greater than H2).
Regarding Claim 7, AUO Corp discloses wherein the heights of the first sub air-bladder and the third sub air-bladder relative to the base seat are 1.1 to 1.5 times the height of the second sub air-bladder relative to the base seat (In some embodiments, the first height H1 is between 2.2 mm and 8.2 mm, preferably between 3.2 mm and 7.2 mm. The second height H2 is between 7.3mm and 13.3mm, preferably between 8.3mm and 12.3mm. The third height H3 is between 8.5mm and 14.5mm, preferably between 9.5mm and 13.5mm; Page 7 Paragraph 2; Examiner’s Note: If H1 is 8.2mm, and H2 is 7.3mm, then H1 is at least 1.1 times H2. Furthermore, many different heights within the H3 range would qualify being 1.1 to 1.5 times H2).
Regarding Claim 8, AUO Corp discloses wherein the base seat (base portion 11) comprises a first wing (bottom plate 31) and a second wing (the first pocket portion 15 , the second pocket portion 16 and the third pocket portion 17) oppositely disposed and a connecting part connecting the first wing and the second wing (base portion 11), the first wing, the second wing, and the connecting part surround to form a containing part (Examiner’s Note: Figure 1 shows the bottom plate, base portion, and the first, second, and third portions that all form said “containing part”), and the air-bladder device (the first bag portion 15, the second bag portion 16 and the third bag portion 17 are inflatable structures (for example, for filling gas, liquid, etc., or sponge, silica gel, etc.; Page 6 Paragraph 6), the plurality of pressure sensors (the plurality of pressure sensors 21 are respectively located in the first bag portion 15, the second bag portion 16 and the third bag portion 17; Page 7 Paragraph 4), and the plurality of elastomers (the material of the base portion 11 , the first bag portion 15, the second bag portion 16 and the third bag portion 17 is an airtight elastomer sheet; Page 6 Paragraph 5) are disposed in the containing part (Examiner’s Note: All of these aforementioned elements are disposed within the physiological signal measuring device, as shown in Figure 1).
Regarding Claim 9, AUO Corp discloses wherein the first wing, the second wing, and the connecting part are integrally formed (a bottom plate 31 may be further provided, wherein the bottom plate 31 is located on the side of the base portion 11 where the first pocket portion 15, the second pocket portion 16 and the third pocket portion 17 are not provided. Here, the bottom plate 31 is a rigid and non-deformable plate body. The bottom plate 31 abuts against the side of the base 11 where the first bag portion 15, the second bag portion 16 and the third bag portion 17 are not provided; Page 8 Paragraph 6).
Regarding Claim 10, AUO Corp discloses wherein the first wing and the second wing are disposed in parallel (a bottom plate 31 may be further provided, wherein the bottom plate 31 is located on the side of the base portion 11 where the first pocket portion 15, the second pocket portion 16 and the third pocket portion 17 are not provided. Here, the bottom plate 31 is a rigid and non-deformable plate body. The bottom plate 31 abuts against the side of the base 11 where the first bag portion 15, the second bag portion 16 and the third bag portion 17 are not provided; Page 8 Paragraph 6; Examiner’s Note: The first and second wings are disposed in parallel, as can be seen in Figures 1-2).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over AUO Corp and Ide et al, as applied to claim 1 above, and further in view of Kondo et al (U.S. Publication No. 2009/0264774).
Regarding Claim 2, although AUO Corp discloses wherein the elastomer can be a thermoplastic polyurethane (TPU), polyvinyl chloride (PVC) , silicone, rubber, thermoplastic elastomer (TPE) (Page 6 Paragraph 5) and Ide discloses wherein the elastomer plate is formed by, for example, bending and molding a flexible material such as plastic having a thickness t of 1 to 2 mm and a width W of about 50 mm in a heated state, or by injection molding with a mold, and wherein it can be easily molded ([0020]), AUO Corp and Ide fail to specifically disclose wherein a hardness of the plurality of elastomers is less than or equal to 50 HA.
In a similar technical field, Kondo teaches blood pressure measuring cuffs and a blood pressure measuring device (Abstract), wherein a hardness of the plurality of elastomers is less than or equal to 50 HA (The cuff bladder 22 is integrally molded from an elastic material including silicon rubber, natural rubber and predetermined synthetic resin materials with a Shore hardness value of 30 to 60, preferably around 50; [0117]; the cuff bladder 22 is integrally molded from a transparent or light transmitting elastic material including silicon rubber, natural rubber and predetermined synthetic resin materials with a Shore hardness value of 30 to 60, preferably around 50. In addition, the cuff bladder 22 is set against the cuff member 40 in an air-tight manner, and elastically deforms between pressurized and depressurized condition, with the pressing surface 30 moving approximately in parallel; [0126]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the hardness teachings of Kondo into those of AUO Corp and Ide in order to enable elastic deformation of the device between pressurized and depressurized conditions (Kondo [0126]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHANEL J YOON whose telephone number is (571) 272-2695. The examiner can normally be reached on Monday-Friday 9:00AM-5:00PM.
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/CHANEL J YOON/Examiner, Art Unit 3791