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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 113, 114, 115, 116. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
*Reference characters 113, 114, 115, and 116 are mentioned in Par. [0059] as representing the first/second/third/fourth wire aperture, but are not shown in FIG. 1.
Specification
The disclosure is objected to because of the following informalities:
Par. [0066], line 3: “first wire aperture 112” should be “first wire aperture 113”.
Par. [0068], line 3: “second wire aperture 113” should be “second wire aperture 114”.
Par. [0070], line 3: “third wire aperture 114” should be “third wire aperture 115”.
Par. [0080], line 12: “predetermineddistance” should be “ predetermined distance”.
Par. [0081], line 16: “predetermineddistance” should be “ predetermined distance”.
Appropriate correction is required.
Claim Objections
Claim 1 objected to because of the following informalities:
Lines 11-12: “the main body the right arm” should be changed to “the main body, the right arm”. Please add comma.
Lines 17-18: “the main body the left leg” should be changed to “the main body, the left leg”. Please add comma.
Lines 23-24: “the main body the right leg” should be changed to “the main body, the right leg”. Please add comma.
Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Wolfer (U.S. Patent No. 5,813,979).
Regarding claim 1, Wolfer teaches (Figs. 1-2, and 4, # 10 – EKG electrode assembly) a retractable electrocardiogram (ECG) lead device electrically connected to an ECG machine (Abstract – A portable EKG machine having a plurality of individually storable electrode leads, each of which may be selectively moved from a retracted position wherein the electrode lead is stored within a storage enclosure, to an extended position wherein the electrode lead is drawn from the storage enclosure; Col. 4, lines 18-36), the retractable ECG lead device comprising:
(Figs. 1-2 and 4, # 16 – storage housing, i.e. main body) a main body (Col. 5, lines 1-9 – storage enclosure 16 defines an interior volume and a plurality of lead accommodating apertures 20);
(Fig. 4, # 40 – axle, i.e. spool rod) a spool rod disposed within the main body (Col. 5, lines 10-21 – Each spool is rotatably supported by an axle 40, having a portion thereof disposed within the central hub axis opening, and axle 40 has end portions supportably affixed to housing 16);
(Figs. 1-2, # 12a – arm electrode; Figs. 4-6, # 30 – spool) a left arm lead spool rotatably disposed on the spool rod within the main body (Col. 4, lines 53-67 – certain electrodes and leads are attached to the patient’s arms (referenced as 12a and 14a); Col. 5, lines 10-43 – spools 30 are each independently rotatable while supported on axle 40. Each spool is rotatably biased in a rotational direction which results in the lead 14, associated with a particular spool, being wound about the spool), the left arm lead spool comprising:
(Figs. 1-4, # 14a) a left arm lead spool wire wrapped around a center portion of the left arm lead spool (Col. 4, lines 53-67; Col. 5, lines 22-43 – Each spool 30 is rotatably biased in a rotational direction which results in the lead 14, associated with a particular spool, being wound about the spool), and
(Figs. 1-2, # 12/12a – electrode, i.e., lead) a left arm lead spool lead connected to a portion of the left arm lead spool wire disposed outside of the main body (Col. 4, lines 19-45 – each electrode is conductively connected to the distal end of an electrode lead; Col. 4, lines 53-67);
(Figs. 1-2, # 12a – arm electrode; Figs. 4-6, # 30 – spool) a right arm lead spool rotatably disposed on the spool rod within the main body (Col. 4, lines 53-67 – certain electrodes and leads are attached to the patient’s arms (referenced as 12a and 14a); Col. 5, lines 10-43 – spools 30 are each independently rotatable while supported on axle 40. Each spool is rotatably biased in a rotational direction which results in the lead 14, associated with a particular spool, being wound about the spool) the right arm lead spool comprising:
(Figs. 1-4, # 14a) a right arm lead spool wire wrapped around a center portion of the right arm lead spool (Col. 4, lines 53-67; Col. 5, lines 22-43 – Each spool 30 is rotatably biased in a rotational direction which results in the lead 14, associated with a particular spool, being wound about the spool), and
(Figs. 1-2, # 12/12a – electrode, i.e., lead) a right arm lead spool lead connected to a portion of the right arm lead spool wire disposed outside of the main body (Col. 4, lines 19-45 – each electrode is conductively connected to the distal end of an electrode lead; Col. 4, lines 53-67);
(Figs. 1-2, # 12l – leg electrode; Figs. 4-6, # 30 – spool) a left leg lead spool rotatably disposed on the spool rod within the main body (Col. 4, lines 53-67 – certain electrodes and leads are attached to the patient’s legs (referenced as 12l and 14l); Col. 5, lines 10-43 – spools 30 are each independently rotatable while supported on axle 40. Each spool is rotatably biased in a rotational direction which results in the lead 14, associated with a particular spool, being wound about the spool) the left leg lead spool comprising:
(Figs. 1-4, # 14a) a left leg lead spool wire wrapped around a center portion of the left leg lead spool (Col. 4, lines 53-67; Col. 5, lines 22-43 – Each spool 30 is rotatably biased in a rotational direction which results in the lead 14, associated with a particular spool, being wound about the spool), and
(Figs. 1-2, # 12/12a – electrode, i.e., lead) a left leg lead spool lead connected to a portion of the left leg lead spool wire disposed outside of the main body (Col. 4, lines 19-45 – each electrode is conductively connected to the distal end of an electrode lead; Col. 4, lines 53-67); and
(Figs. 1-2, # 12l – leg electrode; Figs. 4-6, # 30 – spool) a right leg lead spool rotatably disposed on the spool rod within the main body (Col. 4, lines 53-67 – certain electrodes and leads are attached to the patient’s legs (referenced as 12l and 14l); Col. 5, lines 10-43 – spools 30 are each independently rotatable while supported on axle 40. Each spool is rotatably biased in a rotational direction which results in the lead 14, associated with a particular spool, being wound about the spool) the right leg lead spool comprising:
(Figs. 1-4, # 14a) a right leg lead spool wire wrapped around a center portion of the right leg lead spool (Col. 4, lines 53-67; Col. 5, lines 22-43 – Each spool 30 is rotatably biased in a rotational direction which results in the lead 14, associated with a particular spool, being wound about the spool), and
(Figs. 1-2, # 12/12a – electrode, i.e., lead) a right leg lead spool lead connected to a portion of the right leg lead spool wire disposed outside of the main body (Col. 4, lines 19-45 – each electrode is conductively connected to the distal end of an electrode lead; Col. 4, lines 53-67).
Therefore, claim 1 is unpatentable over Wolfer.
Regarding claim 2, Wolfer teaches the retractable ECG lead device of claim 1, further comprising:
(Figs. 1, 4, and 6, # 8 – port, 16 – storage housing, i.e. main body, 18 – cable) a plurality of 12 channel ports disposed on the main body to provide the electrical connection between the retractable ECG lead device and the ECG machine when a plurality of 12 channel leads of the ECG machine are connected to the plurality of 12 channel ports (Col. 4, lines 18-36 – an EKG electrode assembly is electrically connected to the EKG machine by connecting inserting cable 18 into port 8; Col. 4, lines 46-52 – Leads 14 each comprise an insulated electrical conductor and each lead is routed through storage enclosure 16 for electrical connection to an EKG monitor 4 via connecting cable 18; Col. 5, lines 44-57).
Therefore, claim 2 is unpatentable over Wolfer.
Regarding claim 3, Wolfer teaches the retractable ECG lead device of claim 1, wherein:
(Figs. 1-4, # 14a – lead, i.e., wire) the left arm lead spool wire is pulled a first predetermined distance out from a first wire aperture of the main body, such that the left arm lead spool wire remains pulled out from the main body at the first predetermined distance (Col. 3, lines 14-29 – each lead may be individually and selectively extended manually by the EKG technician by grasping and separating an electrode from the enclosure thereby unwinding the lead from its storage spool such that the electrode is pulled away from the enclosure to an extended position, whereafter the electrode may be conductively attached to the patient’s skin for detecting electrical signals relating to the activity of the patient’s heart; Col. 4, lines 53-67);
(Figs. 1-4, # 14a – lead, i.e., wire) the right arm lead spool wire is pulled a second predetermined distance out from a second wire aperture of the main body, such that the second arm lead spool wire remains pulled out from the main body at the second predetermined distance (Col. 3, lines 14-29 – each lead may be individually and selectively extended manually by the EKG technician by grasping and separating an electrode from the enclosure thereby unwinding the lead from its storage spool such that the electrode is pulled away from the enclosure to an extended position, whereafter the electrode may be conductively attached to the patient’s skin for detecting electrical signals relating to the activity of the patient’s heart; Col. 4, lines 53-67);
(Figs. 1-4, # 14l – lead, i.e., wire) the left leg lead spool wire is pulled a third predetermined distance out from a third wire aperture of the main body, such that the left leg lead spool wire remains pulled out from the main body at the third predetermined distance (Col. 3, lines 14-29 – each lead may be individually and selectively extended manually by the EKG technician by grasping and separating an electrode from the enclosure thereby unwinding the lead from its storage spool such that the electrode is pulled away from the enclosure to an extended position, whereafter the electrode may be conductively attached to the patient’s skin for detecting electrical signals relating to the activity of the patient’s heart; Col. 4, lines 53-67); and
(Figs. 1-4, # 14l – lead, i.e., wire) the right leg lead spool wire is pulled a fourth predetermined distance out from a fourth wire aperture of the main body, such that the right leg lead spool wire remains pulled out from the main body at the fourth predetermined distance (Col. 3, lines 14-29 – each lead may be individually and selectively extended manually by the EKG technician by grasping and separating an electrode from the enclosure thereby unwinding the lead from its storage spool such that the electrode is pulled away from the enclosure to an extended position, whereafter the electrode may be conductively attached to the patient’s skin for detecting electrical signals relating to the activity of the patient’s heart; Col. 4, lines 53-67).
Therefore, claim 3 is unpatentable over Wolfer.
Regarding claim 4, Wolfer teaches the retractable ECG lead device of claim 3, wherein:
(Figs. 1-4, # 14a – lead, i.e., wire) the left arm lead spool wire is retracted back into the main body and automatically wrapped around the center portion of the left arm lead spool in response to the left arm lead spool wire being pulled again when the left arm lead spool wire is already extended at the first predetermined distance (Col. 3, lines 14-29 – Should the EKG technician have to remove one or more electrodes from the patient’s body, each individually rotatable, spring biased spool provides for automatic retraction of an individual lead into the enclosure thereby eliminating entanglement problems associated with freely dangling leads; Col. 4, lines 53-67; Col. 5, lines 22-42);
(Figs. 1-4, # 14a – lead, i.e., wire) the right arm lead spool wire is retracted back into the main body and automatically wrapped around the center portion of the right arm lead spool in response to the right arm lead spool wire being pulled again when the right arm lead spool wire is already extended at the second predetermined distance (Col. 3, lines 14-29 – Should the EKG technician have to remove one or more electrodes from the patient’s body, each individually rotatable, spring biased spool provides for automatic retraction of an individual lead into the enclosure thereby eliminating entanglement problems associated with freely dangling leads; Col. 4, lines 53-67; Col. 5, lines 22-42);
(Figs. 1-4, # 14l – lead, i.e., wire) the left leg lead spool wire is retracted back into the main body and automatically wrapped around the center portion of the left leg lead spool in response to the left leg lead spool wire being pulled again when the left leg lead spool wire is already extended at the third predetermined distance (Col. 3, lines 14-29 – Should the EKG technician have to remove one or more electrodes from the patient’s body, each individually rotatable, spring biased spool provides for automatic retraction of an individual lead into the enclosure thereby eliminating entanglement problems associated with freely dangling leads; Col. 4, lines 53-67; Col. 5, lines 22-42); and
(Figs. 1-4, # 14l – lead, i.e., wire) the right leg lead spool wire is retracted back into the main body and automatically wrapped around the center portion of the right leg lead spool in response to the right leg lead spool wire being pulled again when the right leg lead spool wire is already extended at the fourth predetermined distance (Col. 3, lines 14-29 – Should the EKG technician have to remove one or more electrodes from the patient’s body, each individually rotatable, spring biased spool provides for automatic retraction of an individual lead into the enclosure thereby eliminating entanglement problems associated with freely dangling leads; Col. 4, lines 53-67; Col. 5, lines 22-42).
Therefore, claim 4 is unpatentable over Wolfer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Clay (U.S. PGPub No. 2021/0007624)
Roberts, et al. (U.S. PGPub No. 2023/0329619)
Avevor, et al. (U.S. PGPub No. 2006/0286861)
Lomanto, et al. (U.S. Patent No. 6,205,355)
Reid (U.S. Patent No. 11,690,554)
Lane (U.S. Patent No. 10,130,276)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL TAYLOR HOLTZCLAW whose telephone number is (571)272-6626. The examiner can normally be reached Monday-Friday (7:30 a.m.-5:00 p.m. EST).
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/MICHAEL T. HOLTZCLAW/Examiner, Art Unit 3796