DETAILED ACTION
The Examiner acknowledges the amendments received 22 December 2025. Claims 1-12 are pending.
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 .
Response to Arguments
Applicant's arguments filed 22 December 2025 have been fully considered but they are not persuasive. Since the arguments pertain to the amendments, they will be addressed below in the prior art rejection.
Claim Rejections - 35 USC § 112
In view of the amendments received 22 December 2025, the Examiner withdraws the rejection of claims 1-12 under 35 USC 112, second paragraph, or 35 USC 112(b).
Claim Rejections - 35 USC § 102
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 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.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wong et al (U.S. 4,414,981). Wong discloses (col. 9, line 43-col. 10, line 3) a sensor unit that detects predetermined biological information related to an organ of a living body; an A/D conversion unit (col. 7, line 52-col. 8, line 42) that converts a measurement signal output from the sensor unit into a digital signal; a storage unit that stores information including the digital signal related to the measurement signal output from the A/D conversion unit; an analysis processing unit that determines presence or absence of a potential abnormality in the organ by analyzing the digital signal; and a measurement control unit that changes a sampling frequency related to A/D conversion of the measurement signal under a predetermined condition when the analysis processing unit has determined that a potential abnormality is present in the organ, wherein the organ is a heart and the measurement signal is an electrocardiographic signal; the analysis processing unit determines that a potential abnormality is present in the heart when the digital signal satisfies a predetermined second condition; the measurement control unit performs control of: changing the sampling frequency from a predetermined first frequency to a predetermined second frequency higher than the predetermined first frequency over a predetermined period of time set in advance or while the second condition is satisfied when the analysis processing unit has determined that a potential abnormality is present in the heart; and storing a heartbeat interval obtained from the digital signal sampled at the first frequency in the storage unit when the analysis processing unit has not determined that a potential abnormality is present in the heart, and storing an electrocardiographic waveform obtained from the digital signal sampled at the second frequency in the storage unit when the analysis processing unit has determined that a potential abnormality is present in the heart; wherein, heartbeat interval data is continuously stored and deleted from the storage unit such that most recent heartbeat interval data is retained in the storage unit for the analysis processing unit to perform the determination of a potential abnormality, and oldest heartbeat interval data is deleted from the storage unit (col. 9, lines25-42); and wherein, electrocardiographic waveform data is indefinitely stored in the storage unit (col. 19, lines 12-38).
Regarding claim 2, Wong discloses (col. 6, lines 27-35) the analysis processing unit determines presence or absence of a potential abnormality in the heart based on a heartbeat interval calculated using the digital signal.
Regarding claim 3, Wong discloses (col. 7, line 52-col. 8, line 42) the second condition comprises a variation of the heartbeat interval that deviates from a predetermined threshold.
Regarding claims 4-6, Wong discloses (col. 1, line 26-col. 2, line 15) the biological information measurement device comprises a wearable device attachable attached to the living body.
Regarding claims 7-12, Wong discloses (col. 3, lines 16-27) a notification apparatus adapted to output notifying information when the analysis processing unit has determined presence of a potential abnormality in the organ.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEBORAH L MALAMUD whose telephone number is (571)272-2106. The examiner can normally be reached Mon - Fri 1:00-9:30 Eastern.
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/DEBORAH L MALAMUD/Primary Examiner, Art Unit 3792