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 61-81 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. Claims 62-72, 74-81 are rejected due to dependency.
Claims 61 and 73 recite “the cylindrical housing”. However, it is unclear which housing is applicant referring to. Applicant is suggested to positively recite the cylindrical housing before referencing to it in the wherein clause. Same rejection applies to claim 73. Clarification is requested via amendments.
Claim Rejections - 35 USC § 102
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.
Claim(s) 61-72 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kiani et al. (USPN 7,239,905).
Regarding claim 61, Kiani et al. discloses a finger sensor system, the system comprising: one or more modular components comprising: an exterior curved wall comprising at least one finger well (figure 1), wherein the exterior curved wall is configured to allow one or more fingers of the user to rest in a natural curved position along the exterior curved wall when the cylindrical housing is held by the hand of the user (figure 1), wherein the at least one finger well comprises at least one finger sensor configured to optically measure one or more physiological parameters from a tissue site on at least one of the one or more fingers resting along the exterior curved wall (figure 1, Col. 6 line 30, Col.7 line 34).
Regarding claim 62, Kiani discloses that the finger well is configured to be embedded in a central portion of the one or more modular components (figure 1).
Regarding claim 63, Kiani discloses the finger well is configured to be adjacent to a central portion of the one or more modular components (figure 1).
Regarding claim 64, Kiani discloses the finger well comprises at least one pressure component (figure 11, spring 532).
Regarding claim 65, Kiani discloses the at least one pressure component comprises a spring configured to push the at least one sensor towards an interior of the finger well (figure 11, spring 532).
Regarding claim 66, Kiani discloses the at least one pressure component comprises a clasp configured to apply pressure to a measurement site of a patient (element 150 figure 1).
67. (Original) The finger sensor system of claim 61 comprising an alignment lens configured to be disposed between a finger disposed in the finger well and the at least one sensor (window 111, Col.6 lines 55-60).
68. (Original) The finger sensor system of claim 67 wherein the alignment lens comprises a flexible material (window 111, Col.6 lines 55-60).
69. (Original) The finger sensor system of claim 67 wherein the alignment lens comprises silicone (window 111, Col.6 lines 55-60).
Regarding claim 70, Kiani discloses at least one of the one or more modular components comprises a planar surface adjacent to the exterior curved wall (figure 1).
Regarding claim 71, Kiani discloses the planar surface comprises a display (figure 1).
Regarding claim 72, Kiani discloses the one or more modular components comprises a plurality of housing components configured to couple together (figure 1).
Claim(s) 61-66,70-81 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (USPN 2009/0137891).
Regarding claim 61, Wang et al. discloses a finger sensor system, the system comprising: one or more modular components comprising: an exterior curved wall comprising at least one finger well, wherein the exterior curved wall is configured to allow one or more fingers of the user to rest in a natural curved position along the exterior curved wall when the cylindrical housing is held by the hand of the user (figure 1), wherein the at least one finger well comprises at least one finger sensor configured to optically measure one or more physiological parameters from a tissue site on at least one of the one or more fingers resting along the exterior curved wall (light emitting diode 8 and photoreceiver cell 81). See the annotated figure below, [0046]-[0051].
Regarding claim 62, Wang et al. discloses that the finger well is configured to be embedded in a central portion of the one or more modular components (figure 10).
Regarding claim 63, Wang et al. discloses the finger well is configured to be adjacent to a central portion of the one or more modular components (figure 10).
Regarding claim 64, Wang et al. discloses the finger well comprises at least one pressure component (figures 1 and 8, clamping cover 11, spring 13, [0047]-[0048]).
Regarding claim 65, Wang et al. discloses the at least one pressure component comprises a spring configured to push the at least one sensor towards an interior of the finger well (figures 1 and 8, clamping cover 11, spring 13, [0047]-[0048]).
Regarding claim 66, Wang et al. discloses the at least one pressure component comprises a clasp configured to apply pressure to a measurement site of a patient (figures 1 and 8, clamping cover 11, spring 13, [0047]-[0048]).
Regarding claim 70, Wang et al. discloses at least one of the one or more modular components comprises a planar surface adjacent to the exterior curved wall (figure 6).
Regarding claim 71, Wang et al. discloses the planar surface comprises a display (figure 6).
Regarding claim 72, Wang et al. discloses the one or more modular components comprises a plurality of housing components configured to couple together (figure 10).
Regarding claim 73, Wang et al. discloses a finger sensor system, the system comprising: a first housing component comprising: an exterior curved wall comprising at least one first finger well, wherein the exterior curved wall is configured to allow one or more fingers of the user to rest in a natural curved position along the exterior curved wall when the cylindrical housing is held by the hand of the user, wherein the at least one first finger well comprises at least one first finger sensor configured to optically measure one or more physiological parameters from a tissue site on at least one of the one or more fingers resting along the exterior curved wall (light emitting diode 8 and photoreceiver cell 81), and a second housing component configured to couple to the first housing component, the second housing component comprising at least one second finger well, the at least one second finger well comprising at least one second finger sensor (electrode 300). See the annotated figure below, [0046]-[0051].
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300
408
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Greyscale
Regarding claim 74, Wang et al. discloses a third housing component comprising one or more hardware processors (housing element 1, figure 6).
Regarding claim 75, Wang et al. discloses the at last one first sensor comprises a spectroscopic sensor configured to measure Raman emissions ([0011]-[0012], [0026]).
Regarding claim 76, Wang et al. discloses the at least one first sensor comprises an optical sensor configured to measure pulse oximetry ([0011]-[0012], [0026]).
Regarding claim 77, Wang et al. discloses the at least one first finger well comprises a sensor cover and an internal clasp (figures 1 and 8, clamping cover 11, spring 13, [0047]-[0048]).
Regarding claim 78, Wang et al. discloses the internal clasp comprises a hinged component configured to support the first finger figures 1 and 8, clamping cover 11, spring 13, [0047]-[0048]).
Regarding claim 79, Wang et al. discloses the sensor cover comprises the at least one first sensor figures 1 and 8, clamping cover 11, spring 13, [0047]-[0048]).
Regarding claim 80, Wang et al. discloses the internal clasp further comprises a spring configured to push the hinged component towards the sensor cover figures 1 and 8, clamping cover 11, spring 13, [0047]-[0048]).
Regarding claim 81, Wang et al. discloses the first housing component comprises a planar surface adjacent to the exterior curved wall and wherein the planar surface comprises a display (figure 6).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARJAN FARDANESH whose telephone number is (571)270-5508. The examiner can normally be reached Monday-Friday 9:00-17:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacqueline Cheng can be reached on (571)272-5596. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARJAN FARDANESH/Primary Examiner, Art Unit 3791
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