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 .
Election/Restrictions
Claims 148-155 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 30, 2026.
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 136-147 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 136, lines 1-2 recites the phrase “for initializing an uninitialized home sleep apnea medical device.” It is unclear if the “home sleep apnea device is being functionally or positively recited. It is suggested to positively recite the device before connecting it via a wired or wireless connection with the external programming device.
Claim 136, lines 5 and 8 recite method steps of “transmitting a voltage-based index value” and “establishing a wireless connection.” These limitations appear to be placing a method step into an apparatus claim.
Allowable Subject Matter
Claims 136-147 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record does not disclose a programming system specific to an uninitialized home sleep apnea medical device that transmits a voltage-based index value via a wired connection and then establishes a wireless connection based on the index value, along with the other elements of the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jensen et al. (US 2003/0204213), Lee et al. (US 2004/0215095), Kugler et al. (US 2011/0218409), Cho et al (US 2014/0351832), Lynn (USPN 5,891,023)
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/Amanda K Hulbert/Primary Examiner, Art Unit 3792
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