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 .
DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of election of species in the reply filed on 11/7/24 is acknowledged. Therefore, Examiner will exam elected claims and embodiment shows in fig 2A, 3A only (all other embodiments are non-elected).
Interview (10/30/24): The interview discussed about the embodiment shown in fig 2A and Fig 3A ONLY. The other embodiments (fig 7-13) are non-elected and Applicant didn’t request to do any re-arrangement or re-group in the interview which is reasonable. For example, Fig 7-10 are similar to embodiments shown in fig 5-6 which are non-elected. Embodiments shown in Fig 12-13 are similar to fig 2B, 3B which are non-elected embodiments.
Therefore, any claims or arguments based on the non-elected embodiments will not be consider in the current and future office actions.
Claim Objections
Claims 1 and dependent claims are objected to because of the following informalities:
In claim 1, “the center portion comprising an extension member defining an axis about which the vent cover is configured to rotate” are unclear. This limitation lack antecedent basis. Further clarification is required.
The Examiner respectfully requests that the Applicant(s) review all claims for any such similar issues.
Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, all the limitations, rejected under 35 U.S.C. 112, second paragraph, and/or the claim objections (see above objection) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 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 of this title, 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 21, 28-35, 37-39 are rejected under 35 U.S.C. 103 as being unpatentable over Dyell (US 10111591) in view of Wang (US 20070041157 A1) and further in view of PANCHENKO (US 20190178260)
Regarding claim 21, Dyell disclosed A patient monitoring device configured to communicate with one or more physiological sensors and determine at least one physiological parameter of a patient, the patient monitoring device (abstract, see also fig 1-8) comprising: a sensor input configured to receive communications from a physiological sensor coupled to a patient (at least fig 4-6; col. 3, lines 45-60; col. 10, lines 10-40; Dyell’s sensor monitor at least one or more parameters overlap with Applicant’s parameters in the SPEC); a housing configured to house an integrated display (at least fig 4-6; col. 3, lines 45-60; col. 10 , lines 10-40).
Dyell lacks teaching (as a whole structure):
wherein the housing comprises a plurality of housing portions configured to couple using at least one internal connection feature;
wherein the housing defines a recess and further defines one or more ventilation holes within the recess, wherein the one or more ventilation holes allow air to flow through the housing of the patient monitoring device; and a vent cover rotatably coupled to the housing at a center portion of the vent cover, the center portion comprising an extension member defining an axis about which the vent cover is configured to rotate, wherein the vent cover is configured to be positioned in one of a plurality of configurations by rotation of the vent cover about the axis.
Wang teaches an electronic device (abstract, see also fig 1-13) comprising:
the housing comprises a plurality of housing portions configured to couple using at least one internal connection feature (at least fig 1-3, at least for the portions discussed in this office action; see discussion below);
wherein the housing defines a recess and further defines one or more ventilation holes within the recess (at least fig 1-13; a recess and further defines one or more ventilation holes within the recess; see also fig 1A, fig 1B with vents, paragraph [64]-[77]; see also fig 4, fig 6, fig 7, and/or fig 9), wherein the one or more ventilation holes allow air to flow through the housing of the patient monitoring device (at least fig 1-13; the one or more ventilation holes allow air to flow through the housing of the device; paragraph [64]-[77]); and a vent cover rotatably coupled to the housing at a center portion of the vent cover (at least fig 2 or fig 9B), wherein the vent cover is configured to be positioned in one of a plurality of configurations by rotation of the vent cover about the axis. Examiner’s note: any structure can cover the vents is the vent cover.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, or at the time of the invention was made, to include this feature (above discussed features/limitations; at least the fan and associated parts , heat sink and associated parts) and modify to previous discussed structure (modified to the patient monitoring device) so as to further improve the heat sink of the modified structure.
Dyell in view of Wang lacks teaching: the center portion comprising an extension member defining an axis about which the vent cover is configured to rotate.
PANCHENKO teaches a vent structure comprising: the center portion comprising an extension member defining an axis about which the vent cover is configured to rotate (at least fig 6 or fig 8-9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, or at the time of the invention was made, to include this feature (the center portion comprising an extension member defining an axis about which the vent cover is configured to rotate) and modify to previous discussed structure (modified to the previous discussed vent cover structure) so as to further enhance the rotation structure and/or secure the vent cover on the modified structure.
Regarding claim 28, Modified Dyell further disclosed a first configuration of the plurality of configurations comprises a configuration of the vent cover wherein the vent cover is oriented within the recess to at least partially cover the one or more ventilation holes to protect the one or more ventilation holes from at least some external contaminants (at least Wang’s Fig 1-8; see also Fig 9-13, the vent cover is oriented within the recess specifically shown in fig 1A-1C, fig 2A-2C), wherein the covering of the one or more ventilation holes by the vent cover continues to permit the air to flow through the housing of the patient monitoring device through the one or more ventilation holes (at least Wang’s Fig 1-8; see also Fig 9-13).
Regarding claim 29, Modified Dyell further disclosed a second configuration of the plurality of configurations comprises a configuration of the vent cover wherein the vent cover is oriented to provide a stabilization feature to the patient monitoring device (at least Wang’s Fig 1-8; see also Fig 9-13), wherein the orientation of the vent cover in the second configuration does not cover the one or more ventilation holes (at least Wang’s Fig 1-8; see also Fig 9-13).
Examiner’s note: Examiner consider when the total area facing to the bottom surface (or table) is increased in one configuration, that configuration will provide a stabilization feature to the patient monitoring device (at least fig 2-4 shows this feature).
Regarding claim 30, Modified Dyell further disclosed rotation of the vent cover transitions the vent cover between the first configuration and the second configuration (at least Wang’s Fig 1-8; see also Fig 9-13).
Regarding claim 31, Modified Dyell further disclosed a locking mechanism configured to limit rotation of the vent cover (at least Wang’s Fig 1-8; see also Fig 9-13; Examiner consider the structure can limit rotation of the vent cover is a locking mechanism).
Regarding claim 32, Modified Dyell further disclosed a first configuration of the plurality of configurations comprises at least a portion of an outer surface of the vent cover being level with at least a portion of an outer surface of the housing (at least Wang’s Fig 1-8; see also Fig 9-13).
Regarding claim 33, Modified Dyell further disclosed the stabilization feature provides lateral support to the patient monitoring device (at least Wang’s Fig 1-8; see also Fig 9-13).
Regarding claim 34, Modified Dyell further disclosed the stabilization feature includes the vent cover oriented such that its ends protrude past edges of the housing (at least Wang’s Fig 1-8; see also Fig 9-13).
Regarding claim 35, Modified Dyell further disclosed the vent cover includes a body, an engagement member, and an extension member, the extension member extending between the body and the engagement member (at least Wang’s Fig 1-8; see also Fig 9-13). Examiner’s note: Examiner consider at least the portion engages with the housing is engagement member, the center body portion is the body, and the portion extending between the body and the engagement member is the extension member.
Regarding claim 37, Modified Dyell further disclosed the plurality of housing portions comprise a housing of the integrated display (see fig 1, the housing of the integrated display 100), the housing of the integrated display defining a front portion (the front portion, in Fig 1A, of the housing of the patient monitoring device (at least Wang’s Fig 1-8; see also Fig 9-13).
Regarding claim 38, Modified Dyell further disclosed the plurality of housing portions further comprise a faceplate (at least fig 1, any faceplates adjacent the housing of the integrated display; For example the side walls of 140, rear wall of 140, etc.; the primary art also disclosed the same structure with faceplates adjacent the housing of the integrated display) adjacent the housing of the integrated display (at least Wang’s Fig 1-8; see also Fig 9-13).
Regarding claim 39, Modified Dyell further disclosed a sensor port, the faceplate accommodating the sensor port (See Dyell’s Fig 4, the faceplates with connection to the sensor 12, Examiner consider as sensor port).
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
With respect to the Applicants’ remarks that, “However, assuming that the blower 205 is a vent cover (which Applicant disagrees with), Wang is silent to the blower 205 having a central portion comprising an extension member, let alone an extension member that defines a rotation axis about which the blower 205 is configured to rotate. Thus, Applicant respectfully submits that Wang does not disclose, teach, or suggest at least "a vent cover rotatably coupled to the housing at a center portion of the vent cover, the center portion comprising an extension member defining an axis about which the vent cover is configured to rotate, wherein the vent cover is configured to be positioned in one of a plurality of configurations by rotation of the vent cover about the axis" as recited in amended Claim 21.” (pages 6 to the end).
Examiner’s Answer: the Examiner respectfully disagrees and notes that:
Applicant’s arguments have been considered but are moot because the arguments do not apply to current ground of rejection in the office action.
In this case, Wang teaches an electronic device (abstract, see also fig 1-13) comprising:
the housing comprises a plurality of housing portions configured to couple using at least one internal connection feature (at least fig 1-3, at least for the portions discussed in this office action; see discussion below);
wherein the housing defines a recess and further defines one or more ventilation holes within the recess (at least fig 1-13; a recess and further defines one or more ventilation holes within the recess; see also fig 1A, fig 1B with vents, paragraph [64]-[77]; see also fig 4, fig 6, fig 7, and/or fig 9), wherein the one or more ventilation holes allow air to flow through the housing of the patient monitoring device (at least fig 1-13; the one or more ventilation holes allow air to flow through the housing of the device; paragraph [64]-[77]); and a vent cover rotatably coupled to the housing at a center portion of the vent cover (at least fig 2 or fig 9B), wherein the vent cover is configured to be positioned in one of a plurality of configurations by rotation of the vent cover about the axis. Examiner’s note: any structure can cover the vents is the vent cover.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, or at the time of the invention was made, to include this feature (above discussed features/limitations; at least the fan and associated parts , heat sink and associated parts) and modify to previous discussed structure (modified to the patient monitoring device) so as to further improve the heat sink of the modified structure.
Dyell in view of Wang lacks teaching: the center portion comprising an extension member defining an axis about which the vent cover is configured to rotate.
PANCHENKO teaches a vent structure comprising: the center portion comprising an extension member defining an axis about which the vent cover is configured to rotate (at least fig 6 or fig 8-9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, or at the time of the invention was made, to include this feature (the center portion comprising an extension member defining an axis about which the vent cover is configured to rotate) and modify to previous discussed structure (modified to the previous discussed vent cover structure) so as to further enhance the rotation structure and/or secure the vent cover on the modified structure.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERRY WU whose telephone number is (571)270-5420. The examiner can normally be reached on PHP: M-Th: 8:30-12:30; 2:30-8:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Imani Hayman can be reached on 571.270.5528. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JERRY WU/ Primary Examiner, Art Unit 2841
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