DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The action is in response to amendments filed on 03/03/2026. Claims 3 have been amended. Claims 18-20 have been cancelled. Claims 24-33 are new. Claims 1-17, 21-33 are pending and examined below.
Claim Objections
Claims 7-8, 11, 30-31 are objected to because of the following informalities:
Regarding claims 7 and 8, the term “the oximetry value” lacks antecedent basis.
Regarding claim 11, the limitation “wherein the using a sensor of the oximeter device to detect a movement comprises detecting a frequency of the movement, and the adjusted quality metric value is adjusted in proportion the frequency” should be changed to “wherein the using a sensor of the oximeter device to detect a movement comprises detecting a frequency of the movement, and the adjusted quality metric value is adjusted in proportion to the frequency”.
Regarding claims 30 and 31 “the first tissue” should be changed to “the tissue” for antecedent basis consistency.
Appropriate correction is required.
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 23-28, and claims dependent thereof, 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.
Regarding claims 23-28, the claims all recite “the method of claim 1”. However, claim 1 is a system/apparatus claim. As such the claim is indefinite.
Regarding claim 32, the claim depends on claim 9, but recites terms such as “the first tissue”, “the oxygen saturation value”, “the display”, and “the displayed oxygen saturation value” which lack antecedent basis and seem to be derived from claim 1 which is a separate apparatus claim. As such claim 32 is indefinite.
Regarding claim 33, the claim depends on claim 9, but recites terms such as “the first tissue”, “the first location”, “the light source”, “the detector”, “the response” which all lack antecedent basis. As such the claim is indefinite.
Response to Arguments
Applicant’s arguments, filed 03/03/2026, with respect to the 35 USC 101 rejections have been fully considered and are persuasive. The 35 USC 101 rejections have been withdrawn.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/ABID A MUSTANSIR/ Examiner, Art Unit 3791
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