DETAILED ACTION
This action is pursuant to claims filed on 11/22/2023. Claims 1-7 are pending. A first action on the merits of claims 1-7 is as follows.
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 1-7 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 claim 1, the claim recites the limitation “a user” in line 9. It is unclear if this recitation is intended to refer to the examinee introduced in line 1, or a different user. If it is referring to the examinee, it needs to refer back to it. If it is referring to a different user, it is unclear how the device calculates the blood pressure of a user that is not wearing the device. For purposes of examination, it is being interpreted as referring to the examinee introduced earlier in the claim. Claims 2-5 are also rejected due to their dependence from claim 1.
Regarding claim 2, the claim recites the limitation “one or more expansion parts” in line 17. It is unclear if this recitation is referring to the expansion part from claim 1, or different expansion parts. If it is referring to the expansion part of claim 1, it needs to refer back to it. If it is referring to different expansion parts, it needs to be distinguished from the expansion part from claim 1. For purposes of examination, it is being interpreted as referring to the examination part from claim 1.
Regarding claim 6, the claim recites the limitation “a user” in line 9. It is unclear if this is intended to refer to the examinee introduced in line 1, or a different user. If it is referring to the examinee, it needs to refer back to it. If it is referring to a different user, it is unclear how the device calculates the blood pressure of a user that is not wearing the device. For purposes of examination, it is being interpreted as referring to the examinee introduced earlier in the claim. Claim 7 is also rejected due to its dependence from claim 6.
Regarding claim 7, the claim recites the limitation “one or more concave parts” in line 27. It is unclear if this limitation is referring to the concave part from claim 6, or different concave parts. If it is referring to the concave part from claim 6, it needs to refer back to it. If it is referring to different concave parts, it needs to be distinguished from the concave part from claim 6. For purposes of examination, it is being interpreted as referring to the concave part from claim 6.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 20190365257) in further view of Sano (US 20220218216).
Regarding independent claim 1, Lee teaches a blood pressure measuring device configured to be worn around a wrist of an examinee ([0001]: “The present invention relates to a wrist blood pressure monitor which is wearable on a wrist to measure blood pressure”), comprising:
a first strap configured to be wound on a part of the wrist adjacent to an ulnar artery ([0064]: “the strap frame 111 is disposed along the circumference of the ulna and has a shape having curvature so as to cover the region of the wrist through which the ulnar artery B passes.”);
a second strap connected to the first strap to be worn around the wrist, configured to be worn on a part of the wrist adjacent to a radial artery ([0064]: “the air bag 120 is provided on the connection strap 112, and presses the region of the wrist through which the radial artery A passes when blood pressure is measured”), and including an air pocket into and from which air selectively flows ([0064]: “the air bag 120 is provided on the connection strap 112”; [0051]: “the air bag 120 may be configured as a type in which air injection, i.e., air supply, is possible”); and
a main body provided on the first strap or the second strap and including a measurement unit configured to measure a pressure of the air pocket (Wrist cuff 100; [0047]: “The wrist cuff 100 is wearable on the wrist like a wristwatch, has a wrist strap 110 to be worn on the wrist, and the above-described blood pressure measurement sensor 200 is provided on the wrist cuff 100”; [0050]: “the sensor 200 is provided on the air bag 120 to sense change in pressure of the air bag 120”) and a controller configured to calculate a blood pressure of a user based on the pressure of the air pocket measured by the measurement unit ([0087]: “the wrist blood pressure monitor may include a blood pressure calculation unit to calculate blood pressure of the subject based on a signal from the pressure sensor”; [0055]: “the sensor 200 is connected to a controller, i.e., a circuit board 140 which calculates blood pressure”),
wherein the air pocket includes a compressing chamber which expands when filled with air and thus compresses the wrist and compresses the radial artery ([0048]: “the wrist cuff 100 in accordance with this embodiment may further include an air bag 120 to press a designated region of the wrist, for example, a region of the wrist through which the radial artery A passes”).
However, Lee does not teach wherein the compressing chamber includes a first surface adjacent to the wrist and a second surface facing the first surface, and a part of the second surface protrudes toward the first surface and forms an expansion part.
Sano discloses a blood pressure measurement device. Specifically, Sano teaches wherein the compressing chamber includes a first surface adjacent to the wrist and a second surface facing the first surface, and a part of the second surface protrudes toward the first surface and forms an expansion part ([0060]: “The pressing member including the pressing cuff 30 presses the sensing cuff 40 toward the measurement target site, and causes the sensing cuff 40 to compress (press) the measurement target site”. Including the pressing cuff into the compressing chamber will allow for the second surface (a side of the pressing cuff) to extend towards the first surface (a side of the air bag), which will form the expansion part.). Lee and Sano are analogous arts as they are both related to wrist-worn blood pressure measurement devices.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the expansion part from Sano into the device from Lee as it allows the device to ensure that the air bag is making full contact with the user’s wrist, which can ensure it is getting accurate measurements and provide a correct result of blood pressure to the user.
Regarding claim 2, the Lee/Sano combination teaches the blood pressure measuring device of Claim 1, wherein the compressing chamber has one or more expansion parts (Sano, [0060]: “The pressing member including the pressing cuff 30 presses the sensing cuff 40 toward the measurement target site, and causes the sensing cuff 40 to compress (press) the measurement target site”. Including the pressing cuff into the compressing chamber will allow for the second surface (a side of the pressing cuff) to extend towards the first surface (a side of the air bag), which will form the expansion part.).
Regarding claim 3, the Lee/Sano combination teaches the blood pressure measuring device of Claim 1, wherein the second strap has a plurality of holes formed along a longitudinal direction, the air pocket is equipped with an air pocket ring, and the air pocket ring is detachably coupled to any one of the plurality of holes to adjust a position of the air pocket on the second strap (Lee, [0071]: “A plurality of assembly holes 113 to adjust the height of the wrist cuff is formed through the assistant frame”; [0071]: “at least one assembly pin 114 is provided on the base frame”; [0072]: “the assembly pin 114 is coupled to any one of the assembly holes 113, and the height of the wrist cuff 100, more particularly, the height of the strap frame 111 may be adjusted according to coupled positions of the assembly pin 114”; “One side of the wrist cuff 100 (the other end of the connection strap) and the other end of the wrist cuff 100 (the other end of the above-described strap frame) are detachably connected by a detachable unit, such as a Velcro strap, a hook, a button or a buckle”. It would have been obvious to use one of the attachment mechanisms described in paragraph [0079], such as the buckle that has the same structure as the discloses air pocket ring, in place of the pin described above as they are all suitable attachment structures, and it would be a simple substitution.).
Regarding claim 4, the Lee/Sano combination teaches the blood pressure measuring device of Claim 1, wherein the main body includes a display unit configured to display the calculated blood pressure (Lee, [0073]: “The wrist cuff 100 may further include the display unit 150 to display blood pressure of a user (a subject), i.e., a wearer, and the above-described circuit board 140 is built in the display unit 150”; [0055]: “the sensor 200 is connected to a controller, i.e., a circuit board 140 which calculates blood pressure”).
Regarding claim 5, the Lee/Sano combination teaches the blood pressure measuring device of Claim 1, wherein the main body includes a communication unit configured to transmit data to an external device (Lee, [0084]: “the wrist blood pressure monitor in this embodiment may further include a wireless communication unit using a Bluetooth scheme or the like to transmit blood pressure data (user's blood pressure) to a designated terminal, for example, a smartphone, other terminals or a management module, in addition to the display unit”).
However, the Lee/Sano combination does not teach receiving data from and transmitting data from an external device.
Sano teaches receiving data from and transmitting data from an external device ([0069]: “The communication device 70 transmits various types of data and various signals to an external device via a communication network, and receives information from the external device via the communication network”).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the communication from the external device into the Lee/Sano combination as it allows the device to not only transmit data to the external device, but also allows it to receive data that can assist in the analysis of the user’s health information.
Regarding independent claim 6, Lee teaches a blood pressure measuring device configured to be worn around a wrist of an examinee ([0001]: “The present invention relates to a wrist blood pressure monitor which is wearable on a wrist to measure blood pressure”), comprising:
a first strap configured to be wound on a part of the wrist adjacent to an ulnar artery ([0064]: “the strap frame 111 is disposed along the circumference of the ulna and has a shape having curvature so as to cover the region of the wrist through which the ulnar artery B passes.”);
a second strap connected to the first strap to be worn around the wrist, configured to be worn on a part of the wrist adjacent to a radial artery ([0064]: “the air bag 120 is provided on the connection strap 112, and presses the region of the wrist through which the radial artery A passes when blood pressure is measured”), and including an air pocket into and from which air selectively flows ([0064]: “the air bag 120 is provided on the connection strap 112”; [0051]: “the air bag 120 may be configured as a type in which air injection, i.e., air supply, is possible”); and
a main body provided on the first strap or the second strap and including a measurement unit configured to measure a pressure of the air pocket (Wrist cuff 100; [0047]: “The wrist cuff 100 is wearable on the wrist like a wristwatch, has a wrist strap 110 to be worn on the wrist, and the above-described blood pressure measurement sensor 200 is provided on the wrist cuff 100”; [0050]: “the sensor 200 is provided on the air bag 120 to sense change in pressure of the air bag 120”) and a controller configured to calculate a blood pressure of a user based on the pressure of the air pocket measured by the measurement unit ([0087]: “the wrist blood pressure monitor may include a blood pressure calculation unit to calculate blood pressure of the subject based on a signal from the pressure sensor”; [0055]: “the sensor 200 is connected to a controller, i.e., a circuit board 140 which calculates blood pressure”),
wherein the air pocket includes:
a compressing chamber which includes a first surface adjacent to the wrist and a second surface facing the first surface and expands when filled with air and thus compresses the wrist with the first surface and compresses the radial artery ([0048]: “the wrist cuff 100 in accordance with this embodiment may further include an air bag 120 to press a designated region of the wrist, for example, a region of the wrist through which the radial artery A passes”).
However, Lee does not teach an auxiliary chamber which communicates with a part of the second surface of the compressing chamber and expands when filled with air, and has a cross-sectional diameter that increases and decreases in a direction parallel to the first surface of the compressing chamber and thus forms a concave part.
Sano teaches an auxiliary chamber which communicates with a part of the second surface of the compressing chamber and expands when filled with air ([0060]: “The pressing member including the pressing cuff 30 presses the sensing cuff 40 toward the measurement target site, and causes the sensing cuff 40 to compress (press) the measurement target site”), and has a cross-sectional diameter that increases and decreases in a direction parallel to the first surface of the compressing chamber and thus forms a concave part ([0084]: “the pressing cuff 30 is filled with air, and the pressing cuff 30 expands (which can be grasped as the operation of the pressing cuff 30). Then, the expansion of the pressing cuff 30 presses the sensing cuff 40 toward the wrist BW.”; Figs. 9-15 show the expansion of the auxiliary chamber and the concave part that is created when the auxiliary chamber and the compressing chamber press on each other.).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the concave part from Sano into the device from Lee as it allows the device to ensure that the air bag is making full contact with the user’s wrist, which can ensure it is getting accurate measurements and provide a correct result of blood pressure to the user.
Regarding claim 7, the Lee/Sano combination teaches the blood pressure measuring device of Claim 6, wherein the auxiliary chamber has one or more concave parts (Sano, [0060]: “The pressing member including the pressing cuff 30 presses the sensing cuff 40 toward the measurement target site, and causes the sensing cuff 40 to compress (press) the measurement target site”. Including the pressing cuff into the compressing chamber will allow for the second surface (a side of the pressing cuff) to extend towards the first surface (a side of the air bag), which will form the expansion part.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN K MCCORMACK whose telephone number is (703)756-1886. The examiner can normally be reached Mon-Fri 7:30-5.
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/E.K.M./Examiner, Art Unit 3791
/MATTHEW KREMER/Primary Examiner, Art Unit 3791