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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/10/26 has been entered.
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, 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.
Claim(s) 1-9 and 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Macklem in view of Korten et al. US 4,972,842.
Regarding claims 1 and 9, Macklem discloses a respiratory measurement method comprising:
acquiring respiration signals by a detector attached to a human body ([FIG.1c] microphone 26 collects respiration signals);
extracting, from the acquired respiration signals, a first signal indicating an inspiratory phase and a second signal indicating an expiratory phase ([C6 L48-67] the sound signals represent inspiration and exhalation); and
calculating information corresponding to an amount of ventilation by respiration on a basis of the extracted first signal and second signal ([C6 L48-67] the signals are integrated to determine flow); and
outputting the information corresponding to the amount of ventilation for display on a display device ([FIG.1C]),
Macklem does not disclose wherein the calculating includes correcting each signal of the respiration signals, such that an integrated value of respective absolute values of the first signals among the respiration signals is balanced with an integrated value of respective absolute values of the second signals among the respiration signals. Korten teaches a similar system also analyzing respiratory flow signals that determines a correction coefficient and integrating over the inspiratory positive signal and the expiratory negative signals ([C13 L35 – C14 L18]).
Macklem discloses reporting the information to a computer with a screen ([FIG.1C]) but does not specifically discloses outputting the information corresponding to the amount of ventilation to a display device. Korten teaches displaying the determined information ([C6 L1-20]). Therefore, it would have been obvious to one of ordinary skill in the art prior to the time of filing to combine the device of Macklem with the teachings of Korten in order to calibrate the spirometry system in order to ensure the pneumotach and the phonospirometer are calibrated.
Regarding claim 2, Macklem discloses the information corresponding to the amount of ventilation includes waveform information ([FIG.3]).
Regarding claim 3, Macklem discloses the information corresponding to the amount of ventilation includes biological information obtained through calculation ([C7 L13-51] flow and volume are determined).
Regarding claim 4, Korten teaches converting the second signal to a negative value performing correction by multiplying the second signal among the respiration signals by a correction coefficient; and calculating the information corresponding to the amount of ventilation by integrating the respiration signals and wherein the first signal is a positive value ([C13 L35 – C14 L18]).
Regarding claim 5, Korten teaches the correction coefficient is a value obtained by dividing an integrated value of an absolute value of the first signal among the respiration signals by an integrated value of an absolute value of the second signal among the respiration signals ([C13 L35 – C14 L18] the injected or inhaled volume is divided by the integrated value).
Regarding claim 6, Korten teaches updating the correction coefficient every time predetermined conditions are satisfied ([C13 L35 – C14 L18] the calibration factor is updated).
Regarding claim 7, Macklem discloses the correction coefficient is set to be a predetermined value ([FIG.1.] the initial calibration is considered a predetermined value before the actual measurements).
Regarding claim 8 and 11, Macklem discloses outputting the calculated information corresponding to the amount of ventilation, wherein the outputting includes outputting a biological signal different from the information corresponding to the amount of ventilation along with the information corresponding to the amount of ventilation ([C5 L2-25][FIG.2-10] the device outputs visuals of several of the biological parameter waveforms).
Regarding claims 12-14, Korten teaches displaying the amount of ventilation ([FIG.3])
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Macklem and Korten in view of Lehrman et al. US 7789837.
Regarding claim 10, Macklem discloses the detector includes: a storage that stores the acquired respiration signals ([FIG1c] the device uses a computer system that inherently has some storage). Macklem does not specifically disclose a transmitter that transmits the respiration signals stored in the storage to the controller in a wireless manner. Lehrman teaches a similar device for tracking respiratory parameters that uses wireless transmission ([C6 L29-40] the collar wirelessly transmits to a base station). Therefore, it would have been obvious to one of ordinary skill in the art prior to the time of filing to combine the device of Macklem with the teachings of Lehrman in order to have the base station separate from where the person sleeps.
Response to Arguments
Applicant’s arguments, see pg. 17, filed 8/10/26, with respect to the 35 USC 101 rejection of claims 1-14 have been fully considered and are persuasive. The 35 USC 101 has been withdrawn.
Applicant's arguments filed 8/10/26 have been fully considered but they are not persuasive.
Regarding Applicant’s arguments against the 103 rejection, Examiner respectfully disagrees. Applicant argues that Korten does not teach the limitation “wherein the correction coefficient is a value obtained by dividing an integrated value of an absolute value of the first signal among the respiration signals by an integrated value of an absolute value of the second signal among the respiration signals.”, Examiner respectfully disagrees. Korten teaches that the integrated value of the flow for the inspiration should be equal to the integrated value of the expiratory flow. This is accomplished by integrating flow data from inspiration and expiration and dividing to get a bias value or comparing mean flow. Similarly, dividing a known volume by the integrated flow signal which is also a volume is not substantially different from dividing two integrated flows.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL ANTHONY CATINA whose telephone number is (571)270-5951. The examiner can normally be reached 10-6pm.
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/MICHAEL A CATINA/Examiner, Art Unit 3791 /TSE CHEN/Supervisory Patent Examiner, Art Unit 3791
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