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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claim(s) 5 is/are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Regarding claim 5, claim 5 recites “wherein the patient electrode is affixed to a patient” which positively recites human organism of “patient”; a suggested edit is to use intended use type language such as “adapted to be” or “configured to be”.
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.
Claim(s) 3 is/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.
Claim 3 recites the limitation "the ECG processing circuit" in line 1. There is insufficient antecedent basis for this limitation in the claim. Note that claim 1 recites “ECG processing circuitry”; it is unclear and thus indefinite as to whether “the ECG processing circuit” is the same as “ECG processing circuitry”. For examination purposes below, it will be assumed they are the same.
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.
Claim(s) 1-5, 7-9, 11-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Acquista (US 20170258402 A1; 9/14/2017; cited in IDS).
Regarding claim 1, Acquista teaches an electrocardiogram (ECG) measurement node for a patient electrode (Fig. 1; Fig. 3; [0046]-[0048]), comprising
an electrode interface electrically and removably coupled to the patient electrode (Fig. 2A; Fig. 6; [0011]; [0013]; [0060]; [0131]); and
ECG processing circuitry electrically coupled to the electrode interface, wherein the ECG processing circuitry is configured to generate an ECG signal (Fig. 2A; Fig. 6; [0011]; [0013]; [0041]; [0046]-[0047]; [0050]; [0131]).
Regarding claim 2, Acquista teaches further comprising a battery ([0013] “battery”).
Regarding claim 3, Acquista teaches wherein the ECG processing circuit comprises one or more amplifiers, one or more filters, and/or one or more analog-to-digital converters (Fig. 2A; [0050]).
Regarding claim 4, Acquista teaches further comprising a transceiver configured to wirelessly transmit the ECG signal and/or a control signal (Fig. 2A; Fig. 18-20; [0050] “antenna”; [0083] “wireless”).
Regarding claim 5, Acquista teaches wherein the patient electrode is affixed to a patient (Fig. 3; Fig. 10-12; Fig. 14).
Regarding claim 7, Acquista teaches an ECG measurement network (Fig. 1-2A; Fig. 3; [0046]-[0048]), comprising:
a first ECG measurement node for a first patient electrode (Fig. 1; Fig. 3; [0046]-[0048]), comprising:
a first electrode interface electrically and removably coupled to the first patient electrode (Fig. 2A; Fig. 6; [0011]; [0013]; [0060]; [0131]); and
first ECG processing circuitry electrically coupled to the first electrode interface, wherein the first ECG processing circuitry is configured to generate a first ECG signal (Fig. 2A; Fig. 6; [0011]; [0013]; [0041]; [0046]-[0047]; [0050]; [0131]); and
a second ECG measurement note for a second patient electrode (10b) (Fig. 1; Fig. 3; [0046]-[0048]), comprising:
a second electrode interface electrically and removably coupled to the second patient electrode (Fig. 2A; Fig. 6; [0011]; [0013]; [0060]; [0131]); and
second ECG processing circuitry electrically coupled to the second electrode interface, wherein the second ECG processing circuitry is configured to generate a second ECG signal (Fig. 2A; Fig. 6; [0011]; [0013]; [0041]; [0046]-[0047]; [0050]; [0131]);
wherein the first ECG measurement node and the second ECG measurement node are communicatively coupled to a patient monitor (Fig. 1; [0043]; [0045]; [0055]; [0058]; [0080]).
Regarding claim 8, Acquista teaches further comprising a central access point communicatively coupled to the first ECG measurement node, the second ECG measurement node, and the patient monitor (Fig. 1; [0043]; [0055]; [0058]).
Regarding claim 9, Acquista teaches wherein the central access point is wirelessly coupled to the patient monitor (Fig. 1; [0043]; [0055]; [0058]).
Regarding claim 11, Acquista teaches wherein the first ECG measurement node is wirelessly coupled to the patient monitor (Fig. 1; Fig. 2A; Fig. 18-20; [0050] “antenna”; [0083] “wireless”; [0043]-[0044]; [0055]; [0058])
Regarding claim 12, Acquista teaches wherein the first ECG measurement node is communicatively coupled to the second ECG measurement node (Fig. 1; [0043]; [0055]).
Regarding claim 13, Acquista teaches wherein the first ECG measurement node is wirelessly coupled to the second ECG measurement node (Fig. 1; [0043]; [0055]).
Regarding claim 14, Acquista teaches wherein the first ECG measurement node is communicatively coupled to the second ECG measurement node via a central access point (Fig. 1; [0043]; [0055]; [0058]).
Regarding claim 15, Acquista teaches wherein the first ECG measurement node and the second ECG measurement node form a local mesh network (Fig. 1; [0043]).
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.
Claim(s) 6, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Acquista as applied to claim(s) 1, 8 above, in view of Nazeri (US 20060167353 A1; 7/27/2006).
Regarding claim 6, Acquista does not teach further comprising a fiber optic interface configured to transmit the ECG signal and/or a control signal via a fiber optic link. However, Nazeri teaches in the same field of endeavor (Abstract; [0006]) further comprising a fiber optic interface configured to transmit the ECG signal and/or a control signal via a fiber optic link ([0017] “fiber optic”). Thus it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the teaching of Acquista to include this feature as taught by Nazeri because this is a suitable structure to transmit signals ([0017]); MPEP 2144.07.
Regarding claim 10, Acquista does not teach wherein the first ECG measurement node is communicatively coupled to the central access point via a fiber optic link. However, Nazeri teaches in the same field of endeavor (Abstract; [0006]) wherein the first ECG measurement node is communicatively coupled to the central access point via a fiber optic link ([0017] “fiber optic”). Thus it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the teaching of Acquista to include this feature as taught by Nazeri because this is a suitable structure to transmit signals ([0017]); MPEP 2144.07.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jonathan T Kuo whose telephone number is (408)918-7534. The examiner can normally be reached M-F 10 a.m. - 6 p.m. PT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niketa Patel can be reached at 571-272-4156. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JONATHAN T KUO/Primary Examiner, Art Unit 3792
Prosecution Insights