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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain
meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong
test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable
presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the
claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted
under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but
are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are: the portable information processing terminal in claims 1, 3, 5-8, 11, 13-15, 17, and 19-20. The holding unit in claims 1, 5, 11, 14, 17, and 20.
The portable information processing terminal: The specification [27] discloses that “the portable
information processing terminal may be a smartphone, a tablet terminal, or the like, for example. Therefore, the examiner will interpret the processing terminal in this way.
The holding unit: The specification [30] discloses that “The holding unit 101 includes a support
extending from the main body 100, and a rectangular holding panel continuous with the support, for example. A long side of the holding panel may be provided with protruding portions protruding at a substantially right angle, and the portable information processing terminal 2 may be held between the protruding portions.” Therefore, the examiner will interpret the holding unit/device in this way.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA
35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or
pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over HONMA et al. WIPO
Pub.: WO 2021182455 A1, hereinafter Honma in view of ABE JP Pub.: JP 2017117274 A, hereinafter Abe.
Regarding claim 1, Honma teaches an information processing system comprising:
a communication unit (12) configured to communicate with the portable information processing terminal (1), the portable information processing terminal (1) including a first detector (2) configured to detect biological information (fig. 1-2; paragraph 17-19 and 23-25); The detection device 2 may be a living body information detection sensor, which equates to biological information.
a control unit (10) configured to perform control for acquiring the biological information (fig. 1-2; paragraph 17-19 and 23-25).
However, Honma does not teach a holding device including a holding unit configured to hold a portable information processing terminal; and wherein, when the portable information processing terminal is held by the holding unit, and communication between the portable information processing terminal and the holding device has been established via the communication unit, the control unit is configured to acquire the biological information detected by the first detector.
Abe, in the same field of endeavor, teaches a holding device including a holding unit (110) configured to hold a portable information processing terminal (fig. 1; paragraph 29 and 34-35);
and wherein, when the portable information processing terminal is held by the holding unit (110), and communication between the portable information processing terminal and the holding device has been established via the communication unit, the control unit is configured to acquire the biological information detected by the first detector (fig. 1-3; paragraph 20-48). The acquisition of biological information begins after the holder 110 is preferably placed in a position where biometric authentication such as fingerprint authentication can be easily performed while the patient is in a state where the patient can be examined. Therefore, proper communication is established.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Honma to utilize a holder unit from Abe for the benefit of obtaining the most optimal and accurate biological information of a patient in an examination room.
Regarding claims 2, 12, and 18, Honma in view of Abe teaches the claimed invention and Honma
further teaches wherein the control unit (10) is configured to determine a possibility of a disease on a basis of the acquired biological information (fig. 1; paragraph 14-15 and 23-25). Cerebral infarction is a disease determined based on acquired motion biological information.
Regarding claims 2, 13, and 19, Honma in view of Abe teaches the claimed invention and Honma
further teaches the control unit (10) is configured to determine the possibility of a disease (fig. 1; paragraph 14-15 and 23-25).
Abe discloses the claimed invention, holding device, but does not disclose expressly the wherein the holding device includes a plurality of holding devices. It would have been an obvious matter of design choice to a person of ordinary skill in the art to modify the system as taught by Abe with the plurality of holding devices, because Applicant has not disclosed that a plurality of holding devices provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with holding device as taught by Abe, because it provides the benefit of obtaining the most optimal and accurate biological information of a patient in an examination room and since it appears to be an arbitrary design consideration which fails to patentably distinguish over Abe.
Therefore, it would have been an obvious matter of design choice to modify Abe to obtain the invention as specified in the claim(s).
Regarding claim 4, Honma in view of Abe teaches the claimed invention and Honma further
teaches wherein the biological information includes one of an image of a face, a hand, or a foot, a heart rate, a pulse, respiration, or a body temperature; and the control unit is configured to determine the possibility of a disease related to an abnormality of a heart or a blood vessel on a basis of one of a color, a shape, a motion, or a right-left difference in the face, the hand, or the foot, a respiratory rate, the body temperature, the heart rate or a pulse rate, the heart rate or a pulse rhythm, or a magnitude of a fluctuation of the heart rate or the pulse in the biological information (fig. 1; paragraph 18-20 and 89-90). A camera is disclosed and is capable of obtaining images of a face, hand, and foot for motion data. Body temperature sensor, pressure sensor, and pulse wave sensor is disclosed.
Regarding claims 5, 14, and 20, Honma in view of Abe teaches the claimed invention and Abe
further teaches wherein the holding unit (110) is configured to rotatably hold the portable information processing terminal; and the portable information processing terminal held by the holding unit (110) is configured to rotate and to change directivity of the first detector in accordance with a position of a biological object (fig. 1; paragraph 34-35). The holder 110 can be moved automatically by a moving mechanism or manually.
Regarding claims 6 and 15, Honma in view of Abe teaches the claimed invention and Honma
further teaches wherein the control unit (10) is configured to acquire biological information different from the biological information detected by the first detector (2), the biological information being detected by a second detector (2) that is provided in a device different from the portable information processing terminal (1) and to detect the biological information (fig. 1; paragraph 18-20 and 89-90). A plurality of detector devices are disclosed, wherein one device is different from the other.
Regarding claim 7, Honma in view of Abe teaches the claimed invention and Honma further
teaches wherein the device includes the second detector (2) configured to detect biological information of a different type from the biological information detected by the first detector (2) included in the portable information processing terminal (1) (fig. 1; paragraph 18-20 and 89-90). A plurality of detector devices are disclosed, wherein one device is different from the other.
Abe, in the same field of endeavor, teaches a holding device including a holding unit (110) terminal (fig. 1; paragraph 29 and 34-35).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Honma to utilize a holder unit from Abe for the benefit of obtaining the most optimal and accurate biological information of a patient in an examination room.
Regarding claims 8 and 16, Honma in view of Abe teaches the claimed invention and Honma
further teaches wherein the portable information processing terminal (1) includes a plurality of the first detectors (2) including a camera, and the control unit (10) is configured to acquire the biological information in one of a first acquisition mode in which the biological information detected by the plurality of the first detectors (2) including the camera is acquired, or a second acquisition mode in which the biological information detected by the plurality of the first detectors (2) excluding the camera is acquired (fig. 1; paragraph 18-20 and 89-90). A camera is disclosed and is capable of obtaining images of a face, hand, and foot for motion data. Body temperature sensor, pressure sensor, and pulse wave sensor is disclosed. The mode and configuration in which a first or second detector device is obtaining data is determined/managed by the user.
Abe, in the same field of endeavor, teaches a holding device including a holding unit (110) terminal that can be moved (fig. 1; paragraph 29 and 34-35). The holder 110 can be moved automatically by a moving mechanism or manually.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Honma to utilize a holder unit and its varying positions from Abe for the benefit of obtaining the most optimal and accurate biological information of a patient in an examination room.
Regarding claim 9, Honma in view of Abe teaches the claimed invention and Honma further
teaches wherein one of the first acquisition mode or the second acquisition mode is set in the holding device (fig. 1; paragraph 18-20 and 89-90). A camera is disclosed and is capable of obtaining images of a face, hand, and foot for motion data. Body temperature sensor, pressure sensor, and pulse wave sensor is disclosed. The mode and configuration in which a first or second detector device is obtaining data is determined/managed by the user.
Regarding claim 10, Honma in view of Abe teaches the claimed invention and Honma further
teaches wherein the control unit (10) is configured to start acquiring the biological information, in accordance with one of illuminance around the holding device or time (fig. 1; paragraph 18-20 and 45-50). The control unit 20 of the detection device 2 acquires an image in which a subject is photographed from the motion detection sensor 2a in real time or at a predetermined detection interval,
Regarding claim 11, Honma teaches a non-transitory computer-readable medium storing a
computer program for causing a computer to perform a process comprising: acquiring biological information detected by a first detector (2) (fig. 1-2; paragraph 17-19, 23-25, and 41-43); The detection device 2 may be a living body information detection sensor, which equates to biological information. A nonvolatile memory such as a flash memory is disclosed.
and a portable information processing terminal (1) with a communication unit (12) (fig. 1-2; paragraph 17-19 and 23-25).
However, Honma does not teach when a portable information processing terminal including the first detector that detects the biological information is held by a holding device including a holding unit that holds the portable information processing terminal and a communication unit that communicates with the portable information processing terminal, and communication between the portable information processing terminal and the holding device has been established via the communication unit.
Abe, in the same field of endeavor, teaches when a portable information processing terminal including the first detector that detects the biological information is held by a holding device (110) including a holding unit that holds the portable information processing terminal and a communication unit that communicates with the portable information processing terminal, and communication between the portable information processing terminal and the holding device (110) has been established via the communication unit (fig. 1-3; paragraph 20-48). The acquisition of biological information begins after the holder 110 is preferably placed in a position where biometric authentication such as fingerprint authentication can be easily performed while the patient is in a state where the patient can be examined. Therefore, proper communication is established.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Honma to utilize a holder unit from Abe for the benefit of obtaining the most optimal and accurate biological information of a patient in an examination room.
Regarding claim 17, Honma teaches an information processing method implemented by a
computer to perform a process comprising: acquiring biological information detected by a first detector (2) (fig. 1-2; paragraph 17-19 and 23-25); The detection device 2 may be a living body information detection sensor, which equates to biological information. A nonvolatile memory such as a flash memory is disclosed.
and a portable information processing terminal (1) with a communication unit (12) (fig. 1-2; paragraph 17-19 and 23-25).
However, Honma does not teach when a portable information processing terminal including the first detector that detects the biological information is held by a holding device including a holding unit that holds the portable information processing terminal and a communication unit that communicates with the portable information processing terminal, and communication between the portable information processing terminal and the holding device has been established via the communication unit.
Abe, in the same field of endeavor, teaches when a portable information processing terminal including the first detector that detects the biological information is held by a holding device (110) including a holding unit that holds the portable information processing terminal and a communication unit that communicates with the portable information processing terminal, and communication between the portable information processing terminal and the holding device (110) has been established via the communication unit (fig. 1-3; paragraph 20-48). The acquisition of biological information begins after the holder 110 is preferably placed in a position where biometric authentication such as fingerprint authentication can be easily performed while the patient is in a state where the patient can be examined. Therefore, proper communication is established.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Honma to utilize a holder unit from Abe for the benefit of obtaining the most optimal and accurate biological information of a patient in an examination room.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN J TRAN whose telephone number is (571)272-0486. The examiner can normally be reached M-F. 8:30 am - 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Klein can be reached at 571-270-5213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.J.T./Examiner, Art Unit 3792
/Benjamin J Klein/Supervisory Patent Examiner, Art Unit 3792