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 § 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 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 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.
Claim(s) 1-11, 15, and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maschke (US 2008/0258929) in view of Rolin et al. (US 6,229,442).
In regard to claim 1, Maschke discloses a medical engineering apparatus comprising:
(a) a functional unit that is movable relative to an object (e.g., “… sticker of this kind as a position sensor 23 can be applied flexibly to a wide variety of installation parts and also to people. If new mobile objects are introduced in a area of a medical installation, for example mobile tool trolleys, which are used in different areas of a hospital, these are simply provided with a sticker as a position sensor 23 causing them to be automatically integrated in the concept for movement monitoring …” in paragraph 69);
(b) a first electrode unit and a second electrode unit arranged separately from the first electrode unit, the first electrode unit and the second electrode unit together forming a position sensor unit configured to determine a distance between the object and the second electrode unit, wherein the first electrode unit is configured to be electrically connectable to the object, and the second electrode unit is configured in connection with the functional unit, and wherein an electrical alternating signal is configured to be applied to the first electrode unit or the second electrode unit (e.g., “… At least one position sensor based on … capacitive … principle of operation arranged on the at least one object can be used. One example of a possible sensor is a radio-frequency-identification-sensor (RFID sensor) with a radiobased mechanism of operation … transmitting/receiving antennas are designed for RFID signals or transmitting antennas for RF energy with corresponding receiving options are used in order to perform position recognition … sticker of this kind as a position sensor 23 can be applied flexibly to a wide variety of installation parts and also to people …” in paragraphs 31, 61, and 69);
(c) a determining unit configured to determine the distance based on a measurement at the first electrode unit or the second electrode unit, wherein the determining unit is connected to the first electrode unit, the second electrode unit, or the first electrode unit and the second electrode unit (e.g., “… antenna signals of the transmitting/ receiving antennas 12 are further processed in a processing module 21 in order to permit the assignment of a spatial position … position sensor 23 comprises a one-dimensional RFID antenna 24 plus an RFID receiving, transmitting and processor unit 25. In this case, therefore, the RFID receiving, transmitting and processor unit 25 is integrated directly in the position sensor 23 so that via this unit 25, the signal field strength can be obtained from received sensor signals in order optionally to initiate an alarm concept in dependence on the received field strength …” in paragraphs 66 and 68); and
(d) an output unit configured to output an output value based on the measurement (e.g., “… antenna signals of the transmitting/ receiving antennas 12 are further processed in a processing module 21 in order to permit the assignment of a spatial position … position sensor 23 comprises a one-dimensional RFID antenna 24 plus an RFID receiving, transmitting and processor unit 25. In this case, therefore, the RFID receiving, transmitting and processor unit 25 is integrated directly in the position sensor 23 so that via this unit 25, the signal field strength can be obtained from received sensor signals in order optionally to initiate an alarm concept in dependence on the received field strength …” in paragraphs 66 and 68).
The apparatus of Maschke lacks an explicit description of details of the “… RFID …” such as a capacitance between the first and second electrode units for a current. However, “… RFID …” details are known to one of ordinary skill in the art (e.g., see “… Most RFID tags contain an integrated circuit ("IC") to store and process data, and to perform communication functions. RFID tags also contain an electrode, which is used as the radio frequency interface with the reader … "passive", tags are in very wide use. Passive tags receive energy from the radio frequency ("RF") field generated by a reader, and the IC converts the RF to direct current ("DC") operating power for itself. Once operating, the IC communicates with the reader, which has an electrode system for transmission and reception of signals. Power and data are transferred between tag and reader through one or more electrodes in each device. Some tag-reader systems communicate via magnetic fields, while other types of systems communicate via electric fields. Electric field tags offer advantages in cost, size, weight and flexibility compared with magnetic field tags … FIG. 1A is an example of an electric field RFID system 10 … FIG. 1B is a side pictorial view/schematic diagram of the RFID system of FIG. 1A, which represents a monopole electric field RFID system. An exciter voltage source 30 generates a high alternating current ("AC") voltage that is connected to the exciter electrode 14 … Current 32 flows through the tag 20, a common impedance path 34 (e.g., earth ground), and an RFID device reference connection 41 …” in the last three column 1 paragraphs to the second column 2 paragraph of Rolin et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional RFID (e.g., comprising details such as “electric field RFID system” wherein “Current 32 flows through the tag 20”, in order to achieve “advantages in cost, size, weight and flexibility”) for the RFID of Maschke and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional RFID (e.g., comprising details such as the first electrode unit and the second electrode unit together forming a capacitive sensor unit configured to determine a distance between the object and the second electrode unit, and a determining unit configured to determine the distance based on a current measured at the first electrode unit or the second electrode unit) as the RFID of Maschke.
In regard to claim 2 which is dependent on claim 1, Maschke also discloses that the object is an examination object (e.g., “… patient's body to be protected … sticker of this kind as a position sensor 23 can be applied flexibly to a wide variety of installation parts and also to people. If new mobile objects are introduced in a area of a medical installation, for example mobile tool trolleys, which are used in different areas of a hospital, these are simply provided with a sticker as a position sensor 23 causing them to be automatically integrated in the concept for movement monitoring …” in paragraphs 35 and 69).
In regard to claim 3 which is dependent on claim 1, Maschke also discloses that the first electrode unit is configured as a transmitter unit, and the second electrode unit is configured as a receiver unit (e.g., “… at least one receiving device arranged on a mobile object can be used. In this case, the catalog of measures with the issue of the alarm and optionally further measures can be performed at a certain received field strength between a position sensor e.g. on another other object and the receiving device or unit … transmitting/receiving antennas are designed for RFID signals … position sensor 23 comprises a one-dimensional RFID antenna 24 plus an RFID receiving, transmitting and processor unit 25. In this case, therefore, the RFID receiving, transmitting and processor unit 25 is integrated directly in the position sensor 23 so that via this unit 25, the signal field strength can be obtained from received sensor signals in order optionally to initiate an alarm concept in dependence on the received field strength …” in paragraphs 40, 61, and 68).
In regard to claim 4 which is dependent on claim 1, Maschke also discloses that the first electrode unit is configured as a receiver unit, and the second electrode unit is configured as a transmitter unit (e.g., “… at least one receiving device arranged on a mobile object can be used. In this case, the catalog of measures with the issue of the alarm and optionally further measures can be performed at a certain received field strength between a position sensor e.g. on another other object and the receiving device or unit … transmitting/receiving antennas are designed for RFID signals … position sensor 23 comprises a one-dimensional RFID antenna 24 plus an RFID receiving, transmitting and processor unit 25. In this case, therefore, the RFID receiving, transmitting and processor unit 25 is integrated directly in the position sensor 23 so that via this unit 25, the signal field strength can be obtained from received sensor signals in order optionally to initiate an alarm concept in dependence on the received field strength …” in paragraphs 40, 61, and 68).
In regard to claim 5 which is dependent on claim 3, Maschke also discloses that the receiver unit is configured to be changed into a transmitter unit, and the transmitter unit is configured to be changed into a receiver unit (e.g., “… at least one receiving device arranged on a mobile object can be used. In this case, the catalog of measures with the issue of the alarm and optionally further measures can be performed at a certain received field strength between a position sensor e.g. on another other object and the receiving device or unit … transmitting/receiving antennas are designed for RFID signals … position sensor 23 comprises a one-dimensional RFID antenna 24 plus an RFID receiving, transmitting and processor unit 25. In this case, therefore, the RFID receiving, transmitting and processor unit 25 is integrated directly in the position sensor 23 so that via this unit 25, the signal field strength can be obtained from received sensor signals in order optionally to initiate an alarm concept in dependence on the received field strength …” in paragraphs 40, 61, and 68).
In regard to claims 6 and 7 which are dependent on claim 1, Maschke also discloses that the functional unit is an imaging unit or a radiation unit, wherein the functional unit is the imaging unit, the imaging unit comprising a C-arm with an X-ray source and an X-ray detector (e.g., “… position of an X-ray emitter relative to the detector or that of a suspension to the C-arm could change. In such a case, the emitter and the detector and the suspension and parts of the suspension connected by articulated joints can each be provided with their own position sensors … C-arm for X-ray images …” in paragraphs 18 and 73).
In regard to claim 8 which is dependent on claim 1, the apparatus of Maschke lacks an explicit description of details of the “… RFID …” such as a capacitance between the first and second electrode units for a current discharging to ground. However, “… RFID …” details are known to one of ordinary skill in the art (e.g., see “… Most RFID tags contain an integrated circuit ("IC") to store and process data, and to perform communication functions. RFID tags also contain an electrode, which is used as the radio frequency interface with the reader … "passive", tags are in very wide use. Passive tags receive energy from the radio frequency ("RF") field generated by a reader, and the IC converts the RF to direct current ("DC") operating power for itself. Once operating, the IC communicates with the reader, which has an electrode system for transmission and reception of signals. Power and data are transferred between tag and reader through one or more electrodes in each device. Some tag-reader systems communicate via magnetic fields, while other types of systems communicate via electric fields. Electric field tags offer advantages in cost, size, weight and flexibility compared with magnetic field tags … FIG. 1A is an example of an electric field RFID system 10 … FIG. 1B is a side pictorial view/schematic diagram of the RFID system of FIG. 1A, which represents a monopole electric field RFID system. An exciter voltage source 30 generates a high alternating current ("AC") voltage that is connected to the exciter electrode 14 … Current 32 flows through the tag 20, a common impedance path 34 (e.g., earth ground), and an RFID device reference connection 41 …” in the last three column 1 paragraphs to the second column 2 paragraph of Rolin et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional RFID (e.g., comprising details such as “electric field RFID system” wherein “Current 32 flows through the tag 20”, in order to achieve “advantages in cost, size, weight and flexibility”) for the RFID of Maschke and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional RFID (e.g., comprising details such as the determining unit is further configured to determine a current discharging to ground) as the RFID of Maschke.
In regard to claim 9 which is dependent on claim 1, Maschke also discloses a plurality of additional electrode units configured in connection with the functional unit, wherein each additional electrode unit of the plurality of additional electrode units is configured as a conductive element (e.g., “… position sensors 10 are RFID transponders. Accordingly, the transmitting/receiving antennas are designed for RFID signals or transmitting antennas for RF energy with corresponding receiving options are used in order to perform position recognition. A number of the mobile objects, for example the X-ray device 2, are provided with a plurality of position sensors 10 in order in this way to take into account the greater spatial extension of these mobile objects and a plurality of degrees of freedom of movement, which the latter optionally comprise …” in paragraphs 61 and 62).
In regard to claims 10 and 11 which are dependent on claim 9, the apparatus of Maschke lacks an explicit description of details of the “… RFID …” such as a signal is applied to the first electrode unit or at least one second electrode unit of the second electrode unit and the plurality of additional electrode units, wherein the signal is a voltage. However, “… RFID …” details are known to one of ordinary skill in the art (e.g., see “… Most RFID tags contain an integrated circuit ("IC") to store and process data, and to perform communication functions. RFID tags also contain an electrode, which is used as the radio frequency interface with the reader … "passive", tags are in very wide use. Passive tags receive energy from the radio frequency ("RF") field generated by a reader, and the IC converts the RF to direct current ("DC") operating power for itself. Once operating, the IC communicates with the reader, which has an electrode system for transmission and reception of signals. Power and data are transferred between tag and reader through one or more electrodes in each device. Some tag-reader systems communicate via magnetic fields, while other types of systems communicate via electric fields. Electric field tags offer advantages in cost, size, weight and flexibility compared with magnetic field tags … FIG. 1A is an example of an electric field RFID system 10 … FIG. 1B is a side pictorial view/schematic diagram of the RFID system of FIG. 1A, which represents a monopole electric field RFID system. An exciter voltage source 30 generates a high alternating current ("AC") voltage that is connected to the exciter electrode 14 … Current 32 flows through the tag 20, a common impedance path 34 (e.g., earth ground), and an RFID device reference connection 41 …” in the last three column 1 paragraphs to the second column 2 paragraph of Rolin et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional RFID (e.g., comprising details such as “electric field RFID system” wherein “exciter voltage source 30 generates a high alternating current ("AC") voltage that is connected to the exciter electrode 14 … Current 32 flows through the tag 20, a common impedance path 34 (e.g., earth ground), and an RFID device reference connection 41”, in order to achieve “advantages in cost, size, weight and flexibility”) for the RFID of Maschke and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional RFID (e.g., comprising details such as a signal is applied to the first electrode unit or at least one second electrode unit of the second electrode unit and the plurality of additional electrode units, wherein the signal is a voltage) as the RFID of Maschke.
In regard to claim 15 which is dependent on claim 1, Maschke also discloses that the first electrode unit is arranged as a pad under the object or on the object, is integrated as a pad in a patient couch, or is configured as a flexible pad (e.g., “… position can be detected by means of at least one position sensor on a component of the medical installation, in particular on a component of an X-ray system and/or a patient's bed … at least one position sensor arranged on the at least one object by means of a pin and/or a needle and/or a hair pin and/or a strap, in particular a sling-on strap, and/or an arm strap and/or integrated in a spectacle frame and/or incorporated in clothing and/or in a mouth guard and/or a head cap can be used. These methods of attachment or possible arrangements are advantageous for sensors for people. In addition, in the case of people, a plurality of sensors can be provided to particular advantage. This applies in particular in the case of patients lying on a bed …” in paragraphs 16 and 34).
In regard to claim 17 which is dependent on claim 1, the apparatus of Maschke lacks an explicit description of details of the “… RFID …” such as a second current is applied to a conductive layer on the functional unit. However, “… RFID …” details are known to one of ordinary skill in the art (e.g., see “… Most RFID tags contain an integrated circuit ("IC") to store and process data, and to perform communication functions. RFID tags also contain an electrode, which is used as the radio frequency interface with the reader … "passive", tags are in very wide use. Passive tags receive energy from the radio frequency ("RF") field generated by a reader, and the IC converts the RF to direct current ("DC") operating power for itself. Once operating, the IC communicates with the reader, which has an electrode system for transmission and reception of signals. Power and data are transferred between tag and reader through one or more electrodes in each device. Some tag-reader systems communicate via magnetic fields, while other types of systems communicate via electric fields. Electric field tags offer advantages in cost, size, weight and flexibility compared with magnetic field tags … FIG. 1A is an example of an electric field RFID system 10 … FIG. 1B is a side pictorial view/schematic diagram of the RFID system of FIG. 1A, which represents a monopole electric field RFID system. An exciter voltage source 30 generates a high alternating current ("AC") voltage that is connected to the exciter electrode 14 … Current 32 flows through the tag 20, a common impedance path 34 (e.g., earth ground), and an RFID device reference connection 41 … conduction currents 64, 66, 68, 70 and 72 in circuit elements 36, 38 and 40 as the currents return to exciter voltage source 30 at the exciter voltage source return node 42 …” in the last three column 1 paragraphs to the second column 2 paragraph and the second column 3 paragraph of Rolin et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional RFID (e.g., comprising details such as “electric field RFID system” wherein “conduction currents 64, 66, 68, 70 and 72 in circuit elements 36, 38 and 40”, in order to achieve “advantages in cost, size, weight and flexibility”) for the RFID of Maschke and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional RFID (e.g., comprising details such as a conductive layer, to which a second current is configured to be applied, the conductor layer being on the functional unit for collision detection) as the RFID of Maschke.
In regard to claim 18, Maschke discloses a method for measuring a distance between a functional unit and an object with a medical engineering apparatus, the method comprising:
(a) providing a first electrode unit and a second electrode unit arranged separately from the first electrode unit, the first electrode unit and the second electrode unit together forming a position sensor unit configured to determine a distance between the object and the second electrode unit, wherein the first electrode unit is configured to be connectable to the object, and the second electrode unit is configured in connection with the functional unit, which is movable relative to the object, wherein an electrical alternating signal is configured to be applied to the first electrode unit or the second electrode unit (e.g., “… At least one position sensor based on … capacitive … principle of operation arranged on the at least one object can be used. One example of a possible sensor is a radio-frequency-identification-sensor (RFID sensor) with a radiobased mechanism of operation … transmitting/receiving antennas are designed for RFID signals or transmitting antennas for RF energy with corresponding receiving options are used in order to perform position recognition … sticker of this kind as a position sensor 23 can be applied flexibly to a wide variety of installation parts and also to people. If new mobile objects are introduced in a area of a medical installation, for example mobile tool trolleys, which are used in different areas of a hospital, these are simply provided with a sticker as a position sensor 23 causing them to be automatically integrated in the concept for movement monitoring …” in paragraphs 31, 61, and 69);
(b) determining the distance based on a measurement at the first electrode unit or the second electrode unit (e.g., “… antenna signals of the transmitting/ receiving antennas 12 are further processed in a processing module 21 in order to permit the assignment of a spatial position … position sensor 23 comprises a one-dimensional RFID antenna 24 plus an RFID receiving, transmitting and processor unit 25. In this case, therefore, the RFID receiving, transmitting and processor unit 25 is integrated directly in the position sensor 23 so that via this unit 25, the signal field strength can be obtained from received sensor signals in order optionally to initiate an alarm concept in dependence on the received field strength …” in paragraphs 66 and 68); and
(c) outputting an output value based on the measurement (e.g., “… antenna signals of the transmitting/ receiving antennas 12 are further processed in a processing module 21 in order to permit the assignment of a spatial position … position sensor 23 comprises a one-dimensional RFID antenna 24 plus an RFID receiving, transmitting and processor unit 25. In this case, therefore, the RFID receiving, transmitting and processor unit 25 is integrated directly in the position sensor 23 so that via this unit 25, the signal field strength can be obtained from received sensor signals in order optionally to initiate an alarm concept in dependence on the received field strength …” in paragraphs 66 and 68).
The method of Maschke lacks an explicit description of details of the “… RFID …” such as a capacitance between the first and second electrode units for a current. However, “… RFID …” details are known to one of ordinary skill in the art (e.g., see “… Most RFID tags contain an integrated circuit ("IC") to store and process data, and to perform communication functions. RFID tags also contain an electrode, which is used as the radio frequency interface with the reader … "passive", tags are in very wide use. Passive tags receive energy from the radio frequency ("RF") field generated by a reader, and the IC converts the RF to direct current ("DC") operating power for itself. Once operating, the IC communicates with the reader, which has an electrode system for transmission and reception of signals. Power and data are transferred between tag and reader through one or more electrodes in each device. Some tag-reader systems communicate via magnetic fields, while other types of systems communicate via electric fields. Electric field tags offer advantages in cost, size, weight and flexibility compared with magnetic field tags … FIG. 1A is an example of an electric field RFID system 10 … FIG. 1B is a side pictorial view/schematic diagram of the RFID system of FIG. 1A, which represents a monopole electric field RFID system. An exciter voltage source 30 generates a high alternating current ("AC") voltage that is connected to the exciter electrode 14 … Current 32 flows through the tag 20, a common impedance path 34 (e.g., earth ground), and an RFID device reference connection 41 …” in the last three column 1 paragraphs to the second column 2 paragraph of Rolin et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional RFID (e.g., comprising details such as “electric field RFID system” wherein “Current 32 flows through the tag 20”, in order to achieve “advantages in cost, size, weight and flexibility”) for the RFID of Maschke and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional RFID (e.g., comprising details such as the first electrode unit and the second electrode unit together forming a capacitive sensor unit configured to determine a distance between the object and the second electrode unit, and determining the distance based on a current measured at the first electrode unit or the second electrode unit) as the RFID of Maschke.
In regard to claim 19, Maschke discloses a non-transitory computer-readable storage medium that stores instructions executable by one or more processors of a medical engineering apparatus to measure a distance between a functional unit and an object, the instructions comprising:
(a) providing a first electrode unit and a second electrode unit arranged separately from the first electrode unit, the first electrode unit and the second electrode unit together forming a position sensor unit configured to determine a distance between the object and the second electrode unit, wherein the first electrode unit is configured to be connectable to the object, and the second electrode unit is configured in connection with the functional unit, which is movable relative to the object, wherein an electrical alternating signal is configured to be applied to the first electrode unit or the second electrode unit (e.g., “… At least one position sensor based on … capacitive … principle of operation arranged on the at least one object can be used. One example of a possible sensor is a radio-frequency-identification-sensor (RFID sensor) with a radiobased mechanism of operation … transmitting/receiving antennas are designed for RFID signals or transmitting antennas for RF energy with corresponding receiving options are used in order to perform position recognition … sticker of this kind as a position sensor 23 can be applied flexibly to a wide variety of installation parts and also to people. If new mobile objects are introduced in a area of a medical installation, for example mobile tool trolleys, which are used in different areas of a hospital, these are simply provided with a sticker as a position sensor 23 causing them to be automatically integrated in the concept for movement monitoring … software …” in paragraphs 31, 61, and 69);
(b) determining the distance based on a measurement at the first electrode unit or the second electrode unit (e.g., “… antenna signals of the transmitting/ receiving antennas 12 are further processed in a processing module 21 in order to permit the assignment of a spatial position … position sensor 23 comprises a one-dimensional RFID antenna 24 plus an RFID receiving, transmitting and processor unit 25. In this case, therefore, the RFID receiving, transmitting and processor unit 25 is integrated directly in the position sensor 23 so that via this unit 25, the signal field strength can be obtained from received sensor signals in order optionally to initiate an alarm concept in dependence on the received field strength …” in paragraphs 66 and 68); and
(c) outputting an output value based on the measurement (e.g., “… antenna signals of the transmitting/ receiving antennas 12 are further processed in a processing module 21 in order to permit the assignment of a spatial position … position sensor 23 comprises a one-dimensional RFID antenna 24 plus an RFID receiving, transmitting and processor unit 25. In this case, therefore, the RFID receiving, transmitting and processor unit 25 is integrated directly in the position sensor 23 so that via this unit 25, the signal field strength can be obtained from received sensor signals in order optionally to initiate an alarm concept in dependence on the received field strength …” in paragraphs 66 and 68).
The medium of Maschke lacks an explicit description of details of the “… RFID …” such as a capacitance between the first and second electrode units for a current. However, “… RFID …” details are known to one of ordinary skill in the art (e.g., see “… Most RFID tags contain an integrated circuit ("IC") to store and process data, and to perform communication functions. RFID tags also contain an electrode, which is used as the radio frequency interface with the reader … "passive", tags are in very wide use. Passive tags receive energy from the radio frequency ("RF") field generated by a reader, and the IC converts the RF to direct current ("DC") operating power for itself. Once operating, the IC communicates with the reader, which has an electrode system for transmission and reception of signals. Power and data are transferred between tag and reader through one or more electrodes in each device. Some tag-reader systems communicate via magnetic fields, while other types of systems communicate via electric fields. Electric field tags offer advantages in cost, size, weight and flexibility compared with magnetic field tags … FIG. 1A is an example of an electric field RFID system 10 … FIG. 1B is a side pictorial view/schematic diagram of the RFID system of FIG. 1A, which represents a monopole electric field RFID system. An exciter voltage source 30 generates a high alternating current ("AC") voltage that is connected to the exciter electrode 14 … Current 32 flows through the tag 20, a common impedance path 34 (e.g., earth ground), and an RFID device reference connection 41 …” in the last three column 1 paragraphs to the second column 2 paragraph of Rolin et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional RFID (e.g., comprising details such as “electric field RFID system” wherein “Current 32 flows through the tag 20”, in order to achieve “advantages in cost, size, weight and flexibility”) for the RFID of Maschke and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional RFID (e.g., comprising details such as the first electrode unit and the second electrode unit together forming a capacitive sensor unit configured to determine a distance between the object and the second electrode unit, and determining the distance based on a current measured at the first electrode unit or the second electrode unit) as the RFID of Maschke.
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maschke in view of Rolin et al. as applied to claim(s) 9 and 10 above, and further in view of Shaffer et al. (US 2006/0220856).
In regard to claim 12 which is dependent on claim 9, the apparatus of Maschke lacks an explicit description of details of the “… RFID …” such as signals of different frequency or with different impressed codes are applied to electrode units of the first electrode unit, the second electrode unit, and the plurality of additional electrode units, the electrode units being configured as separate transmitter units. However, “… RFID …” details are known to one of ordinary skill in the art (e.g., see “… component includes a collection of coils designed to transmit different frequencies based on different states of the component. These different RF signals output by the different coils of the component then trigger different active RFID coils. For example, a first coil of the component may transmit at 60 Hz when the component is in a first state and a second coil transmits at 100 Hz. when the component is in a second state. An active RFID that is proximate to this component includes a coil that reflects a 60 Hz. RF signal and a second coil that reflects a 100 Hz. RF signal. …” in paragraph 51 of Shaffer et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional RFID (e.g., comprising details such as “collection of coils designed to transmit different frequencies based on different states of the component”, for “example, a first coil of the component may transmit at 60 Hz when the component is in a first state”) for the RFID of Maschke and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional RFID (e.g., comprising details such as signals of different frequency or with different impressed codes are applied to electrode units of the first electrode unit, the second electrode unit, and the plurality of additional electrode units, the electrode units being configured as separate transmitter units) as the RFID of Maschke.
In regard to claims 13 and 14 which are dependent on claim 10, the apparatus of Maschke lacks an explicit description of details of the “… RFID …” such as the signal has a frequency less than 100 Hz. However, “… RFID …” details are known to one of ordinary skill in the art (e.g., see “… component includes a collection of coils designed to transmit different frequencies based on different states of the component. These different RF signals output by the different coils of the component then trigger different active RFID coils. For example, a first coil of the component may transmit at 60 Hz when the component is in a first state and a second coil transmits at 100 Hz. when the component is in a second state. An active RFID that is proximate to this component includes a coil that reflects a 60 Hz. RF signal and a second coil that reflects a 100 Hz. RF signal. …” in paragraph 51 of Shaffer et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional RFID (e.g., comprising details such as “collection of coils designed to transmit different frequencies based on different states of the component”, for “example, a first coil of the component may transmit at 60 Hz when the component is in a first state”) for the RFID of Maschke and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional RFID (e.g., comprising details such as the signal has a frequency less than 100 Hz) as the RFID of Maschke.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maschke in view of Rolin et al. as applied to claim(s) 1 above, and further in view of Marcus et al. (US 2016/0262619).
In regard to claim 16 which is dependent on claim 1, Maschke also discloses that the first electrode unit is incorporated by an electrocardiogram (ECG) recording system. The apparatus of Maschke lacks an explicit description of details of the “… RFID …” such as the first electrode unit is incorporated by an electrocardiogram (ECG) recording system. However, “… RFID …” details are known to one of ordinary skill in the art (e.g., see “… application of the ECG sensor 110 to the patient may be done similarly to that of a conventional ECG sensor patch. While the term RFID is used to describe an exemplary operation of a circuit used in the ECG sensor 110, the invention is not limited to conventional RFID chips. As illustrated in FIG. 2, the RFID 140 may include an antenna 142 connected to a micro controller 148 and a load modulation switch 146. The micro-controller 148 may also be connected to the load modulation switch 146, an external memory 144, and an analog/digital controller (ADC) 170. The ADC(s) 170 may be connected to the positive electrode 132 and the negative electrode 134 …” in paragraphs 41 and 42 of Marcus et al.). It should be noted that “when a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable results”. KSR International Co. v. Teleflex Inc., 550 U.S. 398 at 416, 82 USPQ2d 1385 (2007) at 1395 (citing United States v. Adams, 383 U.S. 39, 40 [148 USPQ 479] (1966)). See MPEP § 2143. In this case, one of ordinary skill in the art could have substituted a known conventional RFID (e.g., comprising details such as “conventional RFID chips”, in order for “application of the ECG sensor 110 to the patient may be done similarly to that of a conventional ECG sensor patch”) for the RFID of Maschke and the results of the substitution would have been predictable. Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a known conventional RFID (e.g., comprising details such as the first electrode unit is incorporated by an electrocardiogram (ECG) recording system) as the RFID of Maschke.
Response to Arguments
Applicant’s arguments with respect to the amended claims have been fully considered but some are moot in view of the new ground(s) of rejection. Applicant's remaining arguments filed 3 February 2026 have been fully considered but they are not persuasive.
Applicant argues that independent claim 1 is allowable over Maschke and Rolin et al. either alone or in combination because Maschke discloses measuring a distance between a distance measuring unit and an RFID transponder by measuring a distance to an electrode, not a distance to an object (e.g., a patient body) and accordingly Maschke does not teach or disclose “the first electrode unit and the second electrode unit together forming a capacitive sensor unit configured to determine a distance between the object and the second electrode unit” where “the first electrode unit is configured to be electrically connectable to the object” as recited by independent claim 1. Examiner respectfully disagrees. In this case, “… RFID …” details are known to one of ordinary skill in the art (e.g., see “… Most RFID tags contain an integrated circuit ("IC") to store and process data, and to perform communication functions. RFID tags also contain an electrode, which is used as the radio frequency interface with the reader … "passive", tags are in very wide use. Passive tags receive energy from the radio frequency ("RF") field generated by a reader, and the IC converts the RF to direct current ("DC") operating power for itself. Once operating, the IC communicates with the reader, which has an electrode system for transmission and reception of signals. Power and data are transferred between tag and reader through one or more electrodes in each device. Some tag-reader systems communicate via magnetic fields, while other types of systems communicate via electric fields. Electric field tags offer advantages in cost, size, weight and flexibility compared with magnetic field tags … FIG. 1A is an example of an electric field RFID system 10 … FIG. 1B is a side pictorial view/schematic diagram of the RFID system of FIG. 1A, which represents a monopole electric field RFID system. An exciter voltage source 30 generates a high alternating current ("AC") voltage that is connected to the exciter electrode 14 … Current 32 flows through the tag 20, a common impedance path 34 (e.g., earth ground), and an RFID device reference connection 41 …” in the last three column 1 paragraphs to the second column 2 paragraph of Rolin et al.). The circuit is described as “FIG. 1B is a side pictorial view/schematic diagram … exciter electrode 14 … Current 32 flows through the tag 20, a common impedance path 34 (e.g., earth ground), and an RFID device reference connection 41”. It should be noted that capacitance is a function of separation between electrodes (e.g., see Eq. 1 on pg. 2 of Wang). The capacitance (see annotations in
PNG
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2232
1543
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Greyscale
of Rolin et al.) is a function of distance (see annotations in Fig. 1B of Rolin et al.) between electrode 14 and electrode 20. Maschke states (paragraphs 31, 61, and 69) that “… At least one position sensor based on … capacitive … principle of operation arranged on the at least one object can be used. One example of a possible sensor is a radio-frequency-identification-sensor (RFID sensor) with a radiobased mechanism of operation … transmitting/receiving antennas are designed for RFID signals or transmitting antennas for RF energy with corresponding receiving options are used in order to perform position recognition … sticker of this kind as a position sensor 23 can be applied flexibly to a wide variety of installation parts and also to people …”. Thus Maschke teach or suggest a first electrode unit (e.g., “radio-frequency-identification-sensor (RFID sensor)”) is configured to be electrically connectable to the object (e.g., “installation parts” and “people”) and the first electrode unit and the second electrode unit (e.g., “transmitting/receiving antennas”) together forming a capacitive sensor unit configured to determine a distance between the object and the second electrode unit (e.g., “position sensor based on … capacitive … principle of operation”). Therefore, the combination of the cited prior art teaches all limitations as arranged in the claims.
Applicant argues that claims 2-17 depend, either directly or indirectly, from independent claim 1 and are allowable over the cited prior art references for at least this reason. Examiner respectfully disagrees for the reasons discussed above.
Applicant argues that Independent claims 18 and 19 include limitations consistent with independent claim 1 and are allowable over the cited prior art references for consistent reasons. Examiner respectfully disagrees for the reasons discussed above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2010/0264321 teaches a capacitive proximity sensor.
US 8,269,176 teaches a capacitive proximity sensor.
US 2019/0000302 teaches a capacitive proximity sensor.
US 2020/0297282 teaches differential voltage measuring.
Wang (Application Report FDC1004: Basics of Capacitive Sensing and Applications, Texas Instruments Incorporated SNOA927A (June 2021), 12 pages) teaches the capacitance equation.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/SL/
Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
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