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 .
Information Disclosure Statement
The most recent information disclosure statement (IDS) submitted on September 8, 2025 is being considered by the examiner.
Response to Amendment
The amendment filed September 05, 2025 has been entered. Claim 1 has been amended by the applicant. The amendment has been incorporated in the Current Office Action. New claims 39-43 have been added by the applicant and are incorporated in the Current Office Action.
Response to Applicant Remarks/Arguments
With respect to Applicant's Remarks filed September 05, 2025:
Applicant’s arguments with respect to claims 1-15 and 39-43 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112b
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 40 is 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.
Claim 40 recites the phrase “The modular stethoscope of claim 40”, indicating a dependence on itself, which is not correct. For the purpose of further claim analysis the phrase “The modular stethoscope of claim 40” will be interpreted as “The modular stethoscope of claim 39” resulting in claim 40 being interpreted as being dependent on claim 39.
Claim 41 depends on claim 40 and includes all of claim 40’s elements. As a result, claim 41 is also rejected as being indefinite.
Claim Rejections - 35 USC § 103
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 1-3, 5-10, 13-15 and 39-43 are rejected under 35 U.S.C. 103 as being anticipated by Stivers (U.S Patent Application Publication No. 2019/0298297 A1) in view of Pande (U.S Patent Application Publication No. 2019/0274656 A1) and in further view of Meyer (U.S Patent No. 5104158 A).
Regarding Claim 1, Stivers teaches: ‘A modular stethoscope (Abstract: “A breakaway stethoscope...”) comprising: a first module comprising a chest piece (Fig.1, Chest Piece 22) and a first tubing (Fig.1, Tube 26, First Portion 30) disposed in fluid communication with and connected to the chestpiece (Fig.1, Tube 26 to Chest Piece 22), wherein the chestpiece (Fig.1, Chest Piece 22) is configured to transmit acoustic waves through the first tubing (Par 0010: “To direct and convey toward the...ear the sounds captured by the chest piece 22...includes... a tube...”); a second module (Fig.1, Coupler 34 to Earpieces 28) detachably connected to the first module (Fig.1, Chest Piece 22 to Coupler 34), the second module comprising a second tubing (Fig.1, Tube 26, Second Portion 32) and a headset (Fig.1 Earpieces 28 with Yoke) disposed in fluid communication with the second tubing (Fig.1, Tube 26, Second Portion 32); and a tube connector (Fig.1 Coupler 34 and it’s equivalent Fig.5 Coupler 80) fluidly disposed between the first tubing of the first module (Fig.1, Tube 26, First Portion 30) and the second tubing of the second module (Fig.1, Tube 26, Second Portion 32), wherein the tube connector (Fig.1 Coupler 34; Fig.5 Coupler 80) is detachably connected to the first tubing of the first module (Fig.1 Coupler 34, and it’s equivalent Fig.5 Coupler 80, connected to First End 36 of Tube’s First Portion 30), the tube connector (Fig.1 Coupler 34, and it’s equivalent Fig.5 Coupler 80), comprising: a first part (Fig.5, Coupler 80, First Section 82) comprising a barbed portion (Fig.5, Coupler 80, First Section 82, shown with barbs) configured to be at least partially received within the first tubing (Fig.3, Coupler 34, equivalent to two part Coupler 80 of Fig.5, configured to be received by Tube 26) to connect the first part (Fig.5, Coupler 80, First Section 82) to the first tubing (Fig.1, Tube 26, First Portion 30), wherein the first part defines a first channel extending therethrough (Fig.5, Coupler 80’s First Section 82 with dashed lines defining internal channel), such that the first channel is configured to be disposed in fluid communication with the first tubing (Fig.3, Coupler 34, equivalent to two part Coupler 80 of Fig.5, and their internal channels shown with dashed lines, configured to be received by Tube 26); a second part separate from the first part (Fig.5, Coupler 80, Second Section 86, separate from First Section 82), wherein the second part defines a second channel extending therethrough (Fig.5, Coupler 80, Second Section 86 shown with dashed lines defining internal channel), such that the second channel is configured to be disposed in fluid communication with the second tubing (Fig.3, Coupler 34, equivalent to two part Coupler 80 of Fig.5, and their internal channels shown with dashed lines, configured to be received by Tube 26; Fig.1 shows Coupler 34 in connection with both tube portions); and ‘configured to detachably (Fig.5, Coupler 80, Sections 82 and 86 are detachable by pulling magnets 84 and 88)’ and ‘connect the first part (Fig.5, Coupler 80, First Section 82) to the second part (Fig.5, Coupler 80, Second Section 86), such that the first channel fluidly communicates with the second channel to acoustically couple the first tubing to the second tubing (Fig.5, Inner channels of Coupler 80, Sections 82 and 86, shown with dashed lines and being connected through magnets 84 and 88. These two inner channels acoustically couple Tube 26, Portions 30 and 32, as shown in Fig.1)’.
Stivers is not relied upon herein to teach: ‘and wherein the second part comprises: a body; and a quick coupling member movably mounted to the body, wherein the quick coupling member is’.
But Meyer teaches: ‘and wherein the second part comprises: a body (Meyer, Fig.2, Coupler 20 with two Parts, 22 and 24, each of which is a body.); and a quick coupling member (Meyer, Col 4, Ln 14-15: “A locking collar, herein referred to as a quick connecting/disconnecting clip member 26...”) movably mounted to the body (Meyer, Abstract: “...clip member (26) is slidable...”; See Also Fig.2 where Clip 26 is mounted on body of Part 24), wherein the quick coupling member is (Meyer, Col 4, Ln 14-15: “A locking collar, herein referred to as a quick connecting/disconnecting clip member 26...”)’.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of ‘and wherein the second part comprises: a body; and a quick coupling member movably mounted to the body, wherein the quick coupling member is’ in Stivers’ invention as taught by Meyer’s invention.
The motivation for doing this would be to facilitate the assembly process and have a lesser likelihood of failure (Meyer, Col 2, Ln 42-44: “...the female coupling member facilitates assembly and is less likely to fail...”).
Stivers is also not relied upon herein to teach: ‘and sealably connect’.
However Pande teaches: ‘and sealably connect (Par 0040: “First coupler 42
may be in first piece 12, which can seal openings 21 and 23...”; Par0041: “Second coupler 44 may be in second piece 28, which can seal openings 31 and 33...”)’
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of ‘and sealably connect’ in Stivers’ invention as taught by Pande’s invention.
The motivation for doing this would be to allow for both acoustic and digital transmission of sound through a stethoscope (Pande, Par 0006: “...connectors for acoustic and digital stethoscope transmissions.” Par 0029: “The present invention is connectors that allow both acoustic and digital transmissions and methods of operating the same.”).
Regarding Claim 2, Stivers, in view of Pande and in further view of Meyer, teaches: The modular stethoscope of claim 1:
Stivers teaches: wherein the first tubing (Fig.1 Tube 26, First Portion 30
comprises a first proximal end connected to the chestpiece (Fig.1 Tube 26, First Portion 30, has proximal end connected to Chest Piece 22), a first distal end opposite to the first proximal end and distal to the chestpiece (Fig.1 Tube 26, First Portion 30, has distal end away from Chest Piece 22), a first outer surface (Fig.3 Tube 26 shows outer surface), and a first inner surface (Fig.3 Tube 26 dashed lines shows inner surface), wherein each of the first outer surface and the first inner surface extends between the first proximal end and the first distal end (Fig.1 Tube 26, First Portion 30, extends between its proximal and distal ends), wherein the first inner surface defines a first inner volume (Fig.3 Tube 26 shows inner surface with dashed lines. Volume is tube length multiplied with the cross-sectional area of the inner surface shown with the dashed lines. Tubes have inner volume.) configured to transport the acoustic waves (Par 0010: “To direct and convey...the sounds captured by the chest piece 22, the stethoscope 20 also includes...a tube 26...”), and wherein the barbed portion of the first part of the tube connector (Fig.5, Coupler 80, First Section 82) is configured to be at least partially received within the first inner surface of the first tubing at the first distal end (Fig.3 shows barbed Coupler34 (equivalent to Fig.5, 80) prepared to be received into inner surface of Tube 26).
Regarding Claim 3, Stivers, in view of Pande and in further view of Meyer, teaches: The modular stethoscope of claim 1.
Stivers teaches: wherein the headset comprises a yoke (Fig.1, See Yoke Between Tube 26 and Earpieces 28) comprising an inlet tube (Fig.1 Bottom of Yoke has inlet tube to which Tube 26 connects) disposed proximal to and in fluid communication with the second tubing (Fig.1, Bottom of Yoke connected to Second Portion 32 of Tube 26), and a pair of outlet tubes (Fig.1, Top of Yoke has a pair of outlet tubes connecting to Earpieces 28) disposed in fluid communication with the inlet tube (Fig.1, See top of Yoke and it’s outlet tubes are connected through the Yoke and to bottom of Yoke and it’s inlet tube.) and disposed distal to the second tubing (Fig.1, Top of Yoke and its output tubes are shown distal to Second Portion 32 of Tube 26).
Regarding Claim 5, Stivers, in view of Pande and in further view of Meyer, teaches: The modular stethoscope of claim 3.
Stivers teaches: wherein the headset further comprises a pair of ear tubes (Fig.1, Outlet tubes, extending from Yoke, include ear tubes to Earpieces 28.) and a pair of earpieces (Fig.1, Earpieces 28), wherein each of the pair of ear tubes (Fig.1, Outlet tubes, extending from Yoke, include ear tubes to Earpieces 28.) is connected to a corresponding outlet tube of the pair of outlet tubes of the yoke (Fig.1, Yoke upper section has a pair outlet tubes connecting to ear tubes then connecting to Earpieces 28), and wherein each of the pair of earpieces (Fig.1, Earpieces 28) is connected to a corresponding ear tube of the pair of ear tubes (Fig.1 See Earpieces 28 connected to their respective ear tubes).
Regarding Claim 6, Stivers, in view of Pande and in further view of Meyer, teaches: The modular stethoscope of claim 3.
Stivers teaches: ‘wherein the tube connector (Fig.1, Coupler 34 equivalent to Fig.5, Coupler 80) detachably connected to the first tubing (Fig.1 Tube 26, First Portion 30) comprises a first tube connector (Fig.1, Coupler 34 equivalent to Fig.5, Coupler 80), wherein the modular stethoscope (Fig.1) further comprises a second tube connector (Fig.1, Coupler 34, and its equivalent Fig.5, Coupler 80, can be repeatedly inserted in multiple locations along the length of Tube 26, resulting in multiple couplers installed in the tubing and at the same time.) fluidly disposed between the second tubing (Fig.1, Tube 26, Section Portion 32) and the headset (Fig.1, Headset 24), the second tube connector comprising: a first part (Fig.5, Coupler 80, First Section 82) comprising a barbed portion (Fig.5, Coupler 80, First Section 82, shown with barbs) configured to be at least partially received within the second tubing (Fig.3, Coupler 34, equivalent to two part Coupler 80 of Fig.5, configured to be received by Tube 26) to connect the first part (Fig.5, Coupler 80, First Section 82) to the second tubing (Fig.1, Tube 26, Second Portion 32), wherein the first part defines a first channel extending therethrough (Fig.5, Coupler 80’s First Section 82 with dashed lines defining internal channel), such that the first channel is configured to be disposed in fluid communication with the second tubing (Fig.3, Coupler 34, equivalent to two part Coupler 80 of Fig.5, and their internal channels shown with dashed lines, configured to be received by Tube 26); a second part separate from the first part (Fig.5, Coupler 80, Second Section 86, separate from First Section 82), the second part comprising a barbed portion (Fig.5, Coupler 80, Second Section 86, shown with barbs) configured to be at least partially received (Fig.3, Coupler 34, equivalent to two part Coupler 80 of Fig.5, configured to be received by Tube 26) within the inlet tube (Fig.1, Inlet tube at bottom of Yoke) of the headset (Fig.1 Headset 24) to connect the second part (Fig.5, Coupler 80, Second Section 86) to the inlet tube (Fig.1, Inlet tube at bottom of Yoke), wherein the second part defines a second channel extending therethrough (Fig.5, Coupler 80, Second Section 86 shown with dashed lines defining internal channel), such that the second channel is configured to be disposed in fluid communication with the inlet tube (Fig.3, Coupler 34, equivalent to two part Coupler 80 of Fig.5, and their internal channels shown with dashed lines, configured to be received by Tube 26; Fig.1 shows both sides of Coupler 34 in connection with their respective tubes. These connections can be repeated for the inlet tube of the Yoke); and a quick coupling member (Fig.5 Coupler 80, Sections 82 and 86 quickly couple-able through magnets 84 and 88) configured to detachably (Fig.5, Coupler 80, Sections 82 and 86 are detachable by pulling magnets 84 and 88)’ and ‘connect the first part of the second tube connector (Fig.5 Coupler 80, First Section 82) to the second part of the second tube connector (Fig.5 Coupler 80, Second Section 86), such that the first channel fluidly communicates with the second channel to acoustically couple the second tubing to the inlet tube of the headset (Fig.5, Inner channels of Coupler 80, Sections 82 and 86, shown with dashed lines, and being connected through magnets 84 and 88. These two inner channel acoustically couple Fig.1,Tube 26, First Portion 30 and Second Portion 32. These connections between the Coupler and Tube 26 can be repeated between the Coupler and the inlet tube of the Yoke.)’.
Stivers is not relied upon herein to teach: ‘and sealably connect’.
However Pande teaches: ‘and sealably connect (Par 0040: “First coupler 42
may be in first piece 12, which can seal openings 21 and 23...”; Par0041: “Second coupler 44 may be in second piece 28, which can seal openings 31 and 33...”)’
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of ‘and sealably connect’ in Stivers’ invention as taught by Pande’s invention.
The motivation for doing this would be to allow for both acoustic and digital transmission of sound through a stethoscope (Pande, Par 0006: “...connectors for acoustic and digital stethoscope transmissions.”; Par 0029: “The present invention is connectors that allow both acoustic and digital transmissions and methods of operating the same.”).
Regarding Claim 7, Stivers, in view of Pande and in further view of Meyer, teaches: The modular stethoscope of claim 6.
Stivers teaches: wherein a ratio of a length of the second tubing to a length of the inlet tube of the yoke is at least 3 (Fig.1, A second Coupler 34 can be placed anywhere between the inlet tube of the Yoke and the Chest Piece 22. This variable placement of the second Coupler 34 will make the ratio of the length of the second tube to the length of the inlet tube of the Yoke, to be a wide range of values. These values can include being equal to or greater than 3.).
Regarding Claim 8, Stivers, in view of Pande and in further view of Meyer, teaches: The modular stethoscope of claim 6.
Stivers teaches: wherein a length of the second tubing is less than or equal to a length of the inlet tube of the yoke (Fig.1, A second Coupler 34 can be placed anywhere between the inlet tube of the Yoke and the Chest Piece 22. This variable placement of the second Coupler 34 will make the length of the second tube to be a wide range of values. These values can include being less than or equal to the length of the inlet tube of the Yoke.).
Regarding Claim 9, Stivers, in view of Pande and in further view of Meyer, teaches: The modular stethoscope of claim 3.
Pande teaches: further comprising an electronic module (Par 0006: “...for an electronic mode of functioning, the first transducer may be in line with the chest piece extruded channel and the second transducer is in line with the earpiece extruded channel.”) fluidly disposed between the second tubing and the inlet tube of the yoke (Fig.1, Connector Parts 12 and 28 containing Transducers 36 and 26 are shown in stethoscope tubing between Chest Piece 1 and the Yoke. The Connector with its Transducers can be placed in a range of points along this tube, and can be placed in addition to any other connector in the same tube. Pande’s tube can then be partitioned into a variable number of tubing sections. This will include a second tubing section in which Pande’s Connector with Transducer’s can be placed, in between the second tubing section and the inlet tube of the Yoke.), wherein the electronic module is configured to receive the acoustic waves (Par 0048: “...chest piece 1...creating acoustic pressure waves which travel up to first part 12...the waves may be converted to an electrical signal by first transducer 36...”) from the second tubing (Fig.1, Shows tubing coming from the Chest Piece 1) and electronically process the acoustic waves (Par 0048: “...the waves may be...processed...) to generate processed acoustic waves (Par 0048: “...the electrical signal is converted to an acoustic signal...”), such that the inlet tube of the yoke (Fig.1, See tubing feeding into Yoke) receives the processed acoustic waves from the electronic module (Par 0048: “...an acoustic signal for hearing at earpiece 6.” Hearing the acoustic waves at earpiece 6 requires the waves to have been received from the Transducers contained within Connector parts 12 and 28. See also Par 0046: “The speaker may be located in second inner element 16b.” This speaker will send acoustic waves though port 30, from Connector 28, and into the tubing feeding the Yoke), wherein the electronic module comprises a first end proximal to the second tubing (Par 0042: “...second transducer 26 may be in-line with the direction of sound, for example, in line with second extruded channel 30.” See also Fig.6. Port 30 connects to the tubing which feed the Yoke. Having the Transducer 26 in-line with port 30 will require an end of Transducer 26 to be proximal to the tubing), and a second end opposite to the first end and distal to the second tubing (Par 0042: Par 0042: “...second transducer 26 may be...in line with second extruded channel 30.” Being in-line with connector port 30, also known as the extruded channel 30, will require an end of the Transducer 26 to be distal to the tubing that connects into the Connector port 30.).
Regarding Claim 10, Stivers, in view of Pande and in further view of Meyer, teaches: The modular stethoscope of claim 9.
Stivers teaches: wherein the tube connector (Fig.1, Coupler 34; Fig.5, coupler 80) detachably connected to the first tubing (Fig.1, Coupler 34 connected to Tube 26, Portions 30 and 32) comprises a first tube connector (Fig.1, Coupler 34; Fig.5, coupler 80), and wherein the modular stethoscope (Fig.1, See Stethoscope) further comprises a second tube connector (Fig.1, Coupler 34; Fig.5, coupler 80; Multiple connectors can be repeatedly installed, at the same time, along the length of Tube 26) detachably connecting the second tubing (Fig.1, Coupler 34 connected to Tube 26)’ and ‘and a third tube connector (Fig.1, Coupler 34; Fig.5, coupler 80; Multiple connectors can be repeatedly installed, at the same time, along the length of Tube 26)’ and ‘to the inlet tube of the yoke (Fig.1, Coupler 34 connected to Tube 26. These connections can be repeated at the inlet tube of the Yoke).
Stivers is not relied upon herein to teach: ‘connecting...to the electronic module’ and ‘detachably connecting the electronic module‘.
Pande teaches: connecting...to the electronic module’ and ‘detachably connecting the electronic module (Figs.1 and 6, Connector Parts 12 and 28 containing Transducers 36 and 26 are shown in stethoscope tubing between Chest Piece 1 and the Yoke. The Connector with its Transducers, also known as an electronic module, can be connected into a range of points along this tube, and can be placed in addition to any other connector in the same tube.)‘.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of ‘connecting...to the electronic module’ and ‘detachably connecting the electronic module’ in Stivers’ invention as taught by Pande’s invention.
The motivation for doing this would be to allow for both acoustic and digital transmission of sound through a stethoscope (Pande, Par 0006: “...connectors for acoustic and digital stethoscope transmissions.”; Par 0029: “The present invention is connectors that allow both acoustic and digital transmissions and methods of operating the same.”).
Regarding Claim 13, Stivers, in view of Pande and in further view of Meyer, teaches: The modular stethoscope of claim 1.
Stivers teaches: wherein the second tubing comprises a second proximal end connected to the headset (Fig.1 Tube 26, Second Portion 32 has proximal end connected to Headset 24), a second distal end opposite to the second proximal end and distal to the headset (Fig.1 Tube 26, Second Portion 32 has distal end away from Headset), a second outer surface (Fig.3 Tube 26 shows outer surface), and a second inner surface (Fig.3 Tube 26 dashed lines shows inner surface), wherein each of the second outer surface and the second inner surface extends between the second proximal end and the second distal end (Fig.1 Tube 26, Second Portion 32 extends between its proximal and distal ends), wherein the second inner surface defines a second inner volume (Fig.3 Tube 26 shows inner surface with dashed lines. Volume is tube length multiplied with the cross sectional area of the inner surface shown with the dashed lines. Tubes have inner volume.) configured to transport the acoustic waves (Par 0010: “To direct and convey...the sounds captured by the chest piece 22, the stethoscope 20 also includes...a tube 26...”).
Regarding Claim 14, Stivers, in view of Pande and in further view of Meyer, teaches: The modular stethoscope of claim 13.
Stivers teaches: wherein the second part of the tube connector comprises a barbed portion (Fig.5, Coupler 80, both Sections 82 and 86 with barbs.) configured to be at least partially received within the second inner surface of the second tubing at the second distal end (Fig.3 shows barbed Coupler 34 (equivalent to Coupler 80 in Fig.5) in position to be received into inner surface of Tube 26. These connections can be repeated in different positions along the tube length.), such that the second part is connected to the second tubing (Fig.2 shows Coupler 34 connected to the Second Portion 32 of Tube 26.).
Regarding Claim 15, Stivers, in view of Pande and in further view of Meyer, teaches: The modular stethoscope of claim 1.
Pande teaches: further comprising an electronic module (Par 0006: “...for an electronic mode of functioning, the first transducer may be in line with the chest piece extruded channel and the second transducer is in line with the earpiece extruded channel.” See also Fig.1, Connectors 12 and 28 containing Transducers 36 and 26) fluidly disposed between the first module (Fig.1, First module shown as the section from Chest Piece 1 to Connector) and the second module (Fig.1, Second module shown as the section from Connectors 12 / 28, to Earpieces 6) wherein the electronic module is configured to receive the acoustic waves (Par 0048: “...chest piece 1...creating acoustic pressure waves which travel up to first part 12...the waves may be converted to an electrical signal by first transducer 36...”) from the first tubing (Fig.1, Shows tubing coming from the Chest Piece 1) and electronically process the acoustic waves (Par 0048: “...the waves may be...processed...) to generate processed acoustic waves (Par 0048: “...the electrical signal is converted to an acoustic signal...”), such that the second tubing (Fig.1, See tubing feeding into Yoke) receives the processed acoustic waves from the electronic module (Par 0048: “...an acoustic signal for hearing at earpiece 6.” Hearing the acoustic waves at earpiece 6 requires the waves to have been received from the Transducers contained within Connector parts 12 and 28. See also Par 0046: “The speaker may be located in second inner element 16b.” This speaker will send acoustic waves though port 30, from Connector 28, and into the tube feeding the Yoke), wherein the electronic module comprises a first end proximal to the first module (Par 0042: “...first transducer 36 may be in-line with the direction of sound, for example, in-line with first extruded channel 14.” See also Fig.6. Port 14 connects to the tubing from the Chest Piece 1. Having the Transducer 36 in-line with port 14 will require an end of Transducer 36 to be proximal to the first module which extends from Chest Piece 1 to the Connector port 14.), and a second end opposite to the first end and distal to the first module (Par 0042: Par 0042: “...first transducer 36 may be...in-line with first extruded channel 14.” Being in-line with connector port 14, also known as the extruded channel 14, will require an end of the Transducer 36 to be distal to the first module which extends from Chest Piece 1 to the Connector port 14.).
Regarding Claim 39, Stivers, in view of Pande and in further view of Meyer, teaches: The modular stethoscope of claim 1.
Meyer further teaches: wherein the quick coupling member (Meyer, Col 4, Ln 14-15: “A locking collar, herein referred to as a quick connecting/disconnecting clip member 26...”) comprises a collar movable between: a connected position in which the collar prevents the first part and the second part from being disconnected; and a disconnected position in which the collar allows the first part and the second part to be disconnected (Meyer, Abstract: “...clip member (26) is slidable between a connecting position wherein it engages the male coupling member and a disconnecting position wherein it is disengaged from the male coupling member...”).
Regarding Claim 40, and in light of the 112b rejection noted above resulting in the interpretation of this claim as if it depends on claim 39 instead of claim 40, Stivers, in view of Pande and in further view of Meyer, teaches: The modular stethoscope of claim 40.
Meyer further teaches: wherein the quick coupling member (Meyer, Col 4, Ln 14-15: “A locking collar, herein referred to as a quick connecting/disconnecting clip member 26...”) further comprises a biasing portion to bias the collar toward the connected position (Meyer, Abstract: “...the clip member (26) being biased toward the connecting position by a resilient biasing member ( 74).”).
Regarding Claim 41, and in light of the 112b rejection noted above resulting in the interpretation of claim 40 as if it depends on claim 39 instead of claim 40... but recognizing that this claim 41 most likely is intended to depend on a correct version of claim 40 that most likely depends on claim 39... Stivers, in view of Pande and in further view of Meyer, teaches: The modular stethoscope of claim 40.
Meyer further teaches: wherein the quick coupling member (Meyer, Col 4, Ln 14-15: “A locking collar, herein referred to as a quick connecting/disconnecting clip member 26...”) further comprises a tab extended from the collar, wherein the collar is movable from the connected position to the disconnected position based on a force being applied to the collar (Meyer, Col 4, Ln 63 -- Col 5, Ln 2: “The clip member 26 includes a tab portion 50 and a plate portion 52 interconnected to each other at roughly a right angle in a generally L-shaped configuration. The tab portion 50 provides a surface for the user to press down on the clip member 26 as generally illustrated in FIG. 3 so as to place the clip member 26 in the disconnecting position when inserting the male coupling member 22...””).
Claims 42-43 are rejected under 35 U.S.C. 103 as being anticipated by Stivers (U.S Patent Application Publication No. 2019/0298297 A1) in view of Meyer (U.S Patent No. 5104158 A).
Regarding Claim 42, Stivers teaches: ‘A modular stethoscope (Abstract: “A breakaway stethoscope...”) comprising: a first module comprising a chestpiece (Fig.1, Chest Piece 22) and a first tubing (Fig.1, Tube 26, First Portion 30) and a first tubing coupled to the chestpiece (Fig.1, Tube 26 to Chest Piece 22); a second module comprising a headset (Fig.1 Earpieces 28 with Yoke) and a second tubing coupled to the headset (Fig.1, Tube 26, Second Portion 32); and a tube connector (Fig.1 Coupler 34 and it’s equivalent Fig.5 Coupler 80) configured to couple the first tubing (Fig.1, Tube 26, First Portion 30) to the second tubing (Fig.1, Tube 26, First Portion 30), wherein the tube connector (Fig.1 Coupler 34; Fig.5 Coupler 80) comprises: a first part (Fig.5, Coupler 80, First Section 82) configured to be at least partially received within the first tubing (Fig.1 Coupler 34, and it’s equivalent Fig.5 Coupler 80, connected to First End 36 of Tube’s First Portion 30); a second part (Fig.5, Coupler 80, Second Section 86, separate from First Section 82), configured to be at least partially received within the second tubing (Fig.3, Coupler 34, equivalent to two part Coupler 80 of Fig.5, and their internal channels shown with dashed lines, configured to be received by Tube 26; Fig.1 shows Coupler 34 in connection with both tube portions)’.
Stivers is not relied upon herein to teach: ‘wherein the second part comprises: a body defining an opening to receive the first part; and a quick coupling member movably mounted to the body, wherein the quick coupling member is configured to maintain the first part in the opening’.
But Meyer teaches: ‘and wherein the second part comprises: a body (Meyer, Fig.2, Coupler 20 with two Parts, 22 and 24, each of which is a body.) defining an opening to receive the first part (Meyer, Fig.2, Aperture 56 and opening of Part 24, receiving Part 22 ); and a quick coupling member (Meyer, Col 4, Ln 14-15: “A locking collar, herein referred to as a quick connecting/disconnecting clip member 26...”) movably mounted to the body (Meyer, Abstract: “...clip member (26) is slidable...”; See Also Fig.2 where Clip 26 is mounted on body of Part 24), wherein the quick coupling member is (Meyer, Col 4, Ln 14-15: “A locking collar, herein referred to as a quick connecting/disconnecting clip member 26...”) configured to maintain the first part in the opening (Meyer, Figs.1-2, Coupler 20 with Part 22 maintained in opening of Part 24)’.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of ‘wherein the second part comprises: a body defining an opening to receive the first part; and a quick coupling member movably mounted to the body, wherein the quick coupling member is configured to maintain the first part in the opening’ in Stivers’ invention as taught by Meyer’s invention.
The motivation for doing this would be to facilitate the assembly process and have a lesser likelihood of failure (Meyer, Col 2, Ln 42-44: “...the female coupling member facilitates assembly and is less likely to fail...”).
Regarding Claim 43, Stivers teaches: ‘A modular stethoscope (Abstract: “A breakaway stethoscope...”) comprising: a first module comprising a chestpiece (Fig.1, Chest Piece 22) and a first tubing (Fig.1, Tube 26, First Portion 30) and a first tubing coupled to the chestpiece (Fig.1, Tube 26 to Chest Piece 22); a second module comprising a headset (Fig.1 Earpieces 28 with Yoke) and a second tubing coupled to the headset (Fig.1, Tube 26, Second Portion 32); and a tube connector (Fig.1 Coupler 34 and it’s equivalent Fig.5 Coupler 80) configured to couple the first tubing (Fig.1, Tube 26, First Portion 30) to the second tubing (Fig.1, Tube 26, First Portion 30), wherein the tube connector (Fig.1 Coupler 34; Fig.5 Coupler 80) comprises: a first part (Fig.5, Coupler 80, First Section 82) configured to be at least partially received within the first tubing (Fig.1 Coupler 34, and it’s equivalent Fig.5 Coupler 80, connected to First End 36 of Tube’s First Portion 30); a second part (Fig.5, Coupler 80, Second Section 86, separate from First Section 82), configured to be at least partially received within the second tubing (Fig.3, Coupler 34, equivalent to two part Coupler 80 of Fig.5, and their internal channels shown with dashed lines, configured to be received by Tube 26; Fig.1 shows Coupler 34 in connection with both tube portions)’.
Stivers is not relied upon herein to teach: ‘wherein the first part comprises: a body defining an opening to receive the second part; and a quick coupling member movably mounted to the body, wherein the quick coupling member is configured to maintain the second part in the opening’.
But Meyer teaches: ‘and wherein the first part comprises: a body (Meyer, Fig.2, Coupler 20 with two Parts, 22 and 24, each of which is a body.) defining an opening to receive the second part (Meyer, Fig.2, Aperture 56 and opening of Part 24, receiving Part 22 ); and a quick coupling member (Meyer, Col 4, Ln 14-15: “A locking collar, herein referred to as a quick connecting/disconnecting clip member 26...”) movably mounted to the body (Meyer, Abstract: “...clip member (26) is slidable...”; See Also Fig.2 where Clip 26 is mounted on body of Part 24), wherein the quick coupling member is (Meyer, Col 4, Ln 14-15: “A locking collar, herein referred to as a quick connecting/disconnecting clip member 26...”) configured to maintain the second part in the opening (Meyer, Figs.1-2, Coupler 20 with Part 22 maintained in opening of Part 24)’.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of ‘wherein the first part comprises: a body defining an opening to receive the second part; and a quick coupling member movably mounted to the body, wherein the quick coupling member is configured to maintain the second part in the opening’ in Stivers’ invention as taught by Meyer’s invention.
The motivation for doing this would be to facilitate the assembly process and have a lesser likelihood of failure (Meyer, Col 2, Ln 42-44: “...the female coupling member facilitates assembly and is less likely to fail...”).
Claim 4 is rejected under 35 U.S.C. 103 as being anticipated by Stivers (U.S Patent Application Publication No. 2019/0298297 A1) in view of Pande (U.S Patent Application Publication No. 2019/0274656 A1) in further view of Meyer (U.S Patent No. 5104158 A) and in further view of Allen (U.S Patent No. 4569413 A).
18. Regarding Claim 4, Stiver, in view of Pande and in further view of Meyer, teaches: The modular stethoscope of claim 3.
Stiver is not relied upon herein to teach: wherein the yoke is integrally formed with the second tubing, such that the inlet tube is integral with the second tubing.
However, Allen teaches: wherein the yoke (Fig.1, Yoke 24) is integrally formed with the second tubing (Fig.1, Tube 22), such that the inlet tube is integral with the second tubing (Col 3, Ln 47-49: “The tube 22 and sections 26 and 28 are preferably integrally formed...”).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of ‘wherein the yoke is integrally formed with the second tubing, such that the inlet tube is integral with the second tubing.’ In Stivers’ modified invention as taught by Allen’s invention.
The motivation for doing this would be for practicality in manufacturing as well as minimizing sound distortion (Allen, Col 1, Ln 50-54: “...the design of the stethoscope is practical to manufacture and assemble, being capable of being produced in a substantially airtight sound sealed condition which minimizes distortion in the sound....”).
Claims 11-12 are rejected under 35 U.S.C. 103 as being anticipated by Stivers (U.S Patent Application Publication No. 2019/0298297 A1) in view of Pande (U.S Patent Application Publication No. 2019/0274656 A1) in further view of Meyer (U.S Patent No. 5104158 A) and in further view of Williams (U.S Patent No. 5717769 A).
Regarding Claim 11, Stivers, in view of Pande and in further view of Meyer, teaches: The modular stethoscope of claim 10.
Stivers teaches: ‘wherein the second tube connector (Fig.1, Coupler 34 equivalent to Fig.5, Coupler 80) comprises: a first part (Fig.5, Coupler 80, First Section 82) comprising a barbed portion (Fig.5, Coupler 80, First Section 82, shown with barbs) configured to be at least partially received within the second tubing (Fig.3, Coupler 34, equivalent to two part Coupler 80 of Fig.5, configured to be received by Tube 26) to connect the first part (Fig.5, Coupler 80, First Section 82) to the second tubing (Fig.1, Tube 26, Second Portion 32), wherein the first part defines a first channel extending therethrough (Fig.5, Coupler 80’s First Section 82 with dashed lines defining internal channel), such that the first channel is configured to be disposed in fluid communication with the second tubing (Fig.3, Coupler 34, equivalent to two part Coupler 80 of Fig.5, and their internal channels shown with dashed lines, configured to be received by Tube 26); a second part separate from the first part (Fig.5, Coupler 80, Second Section 86, separate from First Section 82)’ and ‘wherein the second part defines a second channel extending therethrough (Fig.5, Coupler 80, Second Section 86 shown with dashed lines defining internal channel), such that the second channel is configured to be disposed in fluid communication with the electronic module (Fig.3, Coupler 34, equivalent to two part Coupler 80 of Fig.5, and their internal channels shown with dashed lines, configured to be received by Tube 26. These connections of fluid communication between internal channels can be repeated as well for connections to Pande’s electronic module of claims 9 and 10); and a quick coupling member (Fig.5 Coupler 80, Sections 82 and 86 quickly couple-able through magnets 84 and 88) configured to detachably (Fig.5, Coupler 80, Sections 82 and 86 are detachable by pulling magnets 84 and 88)’ and ‘connect the first part of the second tube connector (Fig.5 Coupler 80, First Section 82) to the second part of the second tube connector (Fig.5 Coupler 80, Second Section 86), such that the first channel fluidly communicates with the second channel to acoustically couple the second tubing to the electronic module (Fig.5, Inner channels of Coupler 80, Sections 82 and 86, shown with dashed lines, and being connected through magnets 84 and 88. These two inner channel acoustically couple Fig.1,Tube 26, First Portion 30 and Second Portion 32. These connections of fluid communication between internal channels can be repeated as well for connection to Pande’s electronic module of claims 9 and 10)’.
Stivers is not relied upon herein to teach: the second part comprising a threaded portion configured to be threadably and detachably connected to the first end of the electronic module.
But Williams teaches: the second part comprising a threaded portion (Fig.4 Coupler 111b shows threaded shaft 112 for attaching to Fig.3, Housing 103) configured to be threadably and detachably connected (Col 4, 53-55: “The shafts 112 of the couplers 111a, 111b, 311a, and 311b are preferably threaded to thread into either the distal port 129 or the proximal port 131 of the housing 103.”) to the first end of the electronic module (Fig.3, Housing 103 can be any type of housing receiving stethoscope tubing such as Pande’s electronic module from claims 9 and 10).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of ‘the second part comprising a threaded portion configured to be threadably and detachably connected to the first end of the electronic module’ in Stivers’ modified invention as taught by Williams’s invention.
The motivation for doing this would be to provide adapters for standard stethoscopes for use with multimedia devices (Williams, Col 1, Ln 45-47: to provide adapters for reversible conversion of standard stethoscopes to multimedia and telemedicine ready stethoscopes.”).
Stivers is also not relied upon herein to teach: ‘and sealably connect’.
However, Pande teaches: ‘and sealably connect (Par 0040: “First coupler 42
may be in first piece 12, which can seal openings 21 and 23...”; Par0041: “Second coupler 44 may be in second piece 28, which can seal openings 31 and 33...”)’
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of ‘and sealably connect’ in Stivers’ invention as taught by Pande’s invention.
The motivation for doing this would be to allow for both acoustic and digital transmission of sound through a stethoscope (Pande, Par 0006: “...connectors for acoustic and digital stethoscope transmissions.”; Par 0029: “The present invention is connectors that allow both acoustic and digital transmissions and methods of operating the same.”).
Regarding Claim 12, Stivers, in view of Pande and in further view of Meyer teaches: The modular stethoscope of claim 10.
Stivers teaches: ‘wherein the first part defines a first channel extending therethrough (Fig.5, Coupler 80’s First Section 82 with dashed lines defining internal channel), such that the first channel is configured to be disposed in fluid communication with the electronic module (Fig.3, Coupler 34, equivalent to two part Coupler 80 of Fig.5, and their internal channels shown with dashed lines, configured to be received by Tube 26. These connections of fluid communication between internal channels can be repeated as well for connections to Pande’s electronic module of claims 9 and 10); a second part separate from the first part (Fig.5, Coupler 80, Second Section 86, separate from First Section 82), the second part comprising a barbed portion (Fig.5, Coupler 80, Second Section 86, shown with barbs) configured to be at least partially received (Fig.3, Coupler 34, equivalent to two part Coupler 80 of Fig.5, configured to be received by Tube 26) within the inlet tube of the yoke (Fig.1, Inlet tube at bottom of Yoke) to connect the second part (Fig.5, Coupler 80, Second Section 86) to the inlet tube (Fig.1, Inlet tube at bottom of Yoke), wherein the second part defines a second channel extending therethrough (Fig.5, Coupler 80, Second Section 86 shown with dashed lines defining internal channel), such that the second channel is configured to be disposed in fluid communication with the inlet tube (Fig.3, Coupler 34, equivalent to two part Coupler 80 of Fig.5, and their internal channels shown with dashed lines, configured to be received by Tube 26; Fig.1 shows both sides of Coupler 34 in connection with their respective tubes. These connections of fluid communication can be repeated for the inlet tube of the Yoke); and a quick coupling member (Fig.5 Coupler 80, Sections 82 and 86 quickly couple-able through magnets 84 and 88) configured to detachably (Fig.5, Coupler 80, Sections 82 and 86 are detachable by pulling magnets 84 and 88)’ and ‘connect the first part of the third tube connector (Fig.5 Coupler 80, First Section 82) to the second part of the third tube connector (Fig.5 Coupler 80, Second Section 86), such that the first channel fluidly communicates with the second channel to acoustically couple the electronic module to the inlet tube (Fig.5, Inner channels of Coupler 80, Sections 82 and 86, shown with dashed lines, and being connected through magnets 84 and 88. These two inner channel acoustically couple Fig.1,Tube 26, First Portion 30 and Second Portion 32. These connections of fluid communication between internal channels can be repeated as well for connection to Pande’s electronic module of claims 9 and 10)’.
Stivers is not relied upon herein to teach: wherein the third tube connector comprises: a first part comprising a threaded portion configured to be threadably and detachably connected to the second end of the electronic module.
However, Williams teaches: wherein the third tube connector comprises: a first part comprising a threaded portion (Fig.4 Coupler 111b shows threaded shaft 112 for attaching to Fig.3, Housing 103) configured to be threadably and detachably connected (Col 4, 53-55: “The shafts 112 of the couplers 111a, 111b, 311a, and 311b are preferably threaded to thread into either the distal port 129 or the proximal port 131 of the housing 103.”) to the second end of the electronic module (Fig.3, Housing 103 can be any type of housing receiving stethoscope tubing such as Pande’s electronic module from claims 9 and 10).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of ‘wherein the third tube connector comprises: a first part comprising a threaded portion configured to be threadably and detachably connected to the second end of the electronic module’ in Stivers’ modified invention as taught by Williams’s invention.
The motivation for doing this would be to provide adapters for standard stethoscopes for use with multimedia devices (Williams, Col 1, Ln 45-47: to provide adapters for reversible conversion of standard stethoscopes to multimedia and telemedicine ready stethoscopes.”).
Stivers is also not relied upon herein to teach: ‘and sealably connect’.
However, Pande teaches: ‘and sealably connect (Par 0040: “First coupler 42
may be in first piece 12, which can seal openings 21 and 23...”; Par0041: “Second coupler 44 may be in second piece 28, which can seal openings 31 and 33...”)’
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have used the teaching of ‘and sealably connect’ in Stivers’ modified invention as taught by Pande’s invention.
The motivation for doing this would be to allow for both acoustic and digital transmission of sound through a stethoscope (Pande, Par 0006: “...connectors for acoustic and digital stethoscope transmissions.”; Par 0029: “The present invention is connectors that allow both acoustic and digital transmissions and methods of operating the same.”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Okada (U.S. Patent Application No. 2008/0136163 A1) discloses a quick connector with movable part for tube connector engagement (Okada, Fig.1-2; See also Par 0030: “...pushing the push part 29 with a fingertip to indicate that the complete engagement...”).
Matsubara (U.S. Patent Application No. 2006/0170211 A1) discloses a quick connector with movable part for mating a tube connector (Matsubara, Fig.1-2; See also Par 0047: “...the retainer 16 is pressed into the housing from the temporary position to a working position...”).
Applicant's amendment necessitated the new grounds of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is r