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
Applicant’s election without traverse of claims 1-18 and 22-28 in the reply filed on April 15th, 2026 is acknowledged. Claims 19-21 and 29 are withdrawn from consideration.
Claim Rejections - 35 USC § 112
It is noted that claim 2 and claim 5 do not appear to need a 112(b) for claiming a radius of curvature similar to the shape of the thumb and an index figure as this can be conceptualized as well as an “approximate” L-shape. However, this is seen as very broad as “similar” and “approximate” are seen as broad vs. indefinite and therefore just has to resemble an L/J like shape or any shape that has a slight curvature. Therefore, for examination purposes, this shape is seen as any shape that resembles and L or J type configuration or having a slight curvature in shape as well.
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 6, 11, 13, 18, 24, and 27-28 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.
Regarding claim 6, it is unclear what “an average size of a thumb of a human subject” and “a length similar to an average size of a finger of the human subject” referring to. What is the average size of a thumb or finger? What finger is “a length similar to an average size of a finger of the human subject” referring to? Therefore claim 6 is indefinite as the average size of a thumb and finger is not described in the claim or the specification nor referenced in the claim, therefore making it unclear what this is referring to.
Regarding claim 11, it is unclear if the applicant is actively trying to claim the hand of the subject by claiming “of a hand of the subject when the hand is open while holding the electrode patch in place”. Therefore claim 11 is indefinite as it is unclear whether the applicant is trying to claim the hand of a human.
Regarding claim 13, it is unclear if the applicant is actively trying to claim the hand of the subject by claiming “of a hand of the subject for holding or positioning the electrode patch under the breast of the subject”. Therefore claim 13 is indefinite as it is unclear whether the applicant is trying to claim the hand of a human.
Regarding claim 18, it is unclear what “an approximate U-shape” is referring to. This is seen as very broad as “approximate” is seen as broad vs. indefinite and therefore just has to resemble a U-like shape or any shape that has a slight curvature. Therefore, for examination purposes, this shape is seen as any shape that resembles a U-type configuration or having a slight curvature in shape.
Regarding claim 24, it is unclear if the applicant is actively trying to claim the hand of the subject by claiming “of a hand of the subject for holding or positioning the electrode patch under the breast of the subject”. Therefore claim 24 is indefinite as it is unclear whether the applicant is trying to claim the hand of a human.
Regarding claim 27, it is unclear if the applicant is actively trying to claim the hand of the subject by claiming “the hand facing surface being in contact with a hand of the subject when holding the base surface against the pericardium of the subject”. Therefore claim 27 is indefinite as it is unclear whether the applicant is trying to claim the hand of a human. Claim 28 is rejected by virtue of dependency on claim 27.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/28/2024, 11/21/2024, and 02/21/2025 are being considered by the examiner.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 2, 4-8, and 14 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Burnes et al. (US 20080154110 A1) herein referred to as “Burnes”.
Regarding claim 1, Burnes discloses an electrode patch (sensor array apparatus 600 with electrodes E1-E10, Paragraph [0044], Figure 7), comprising: a substrate that includes a base surface (substrate 602 includes a base surface, see base surface 602 facing the subject, Paragraph [0044], Figure 7); and a plurality of electrodes mounted with respect to the base surface (electrodes E2-E5 mounted with respect to base surface of substrate 602, Figure 7, electrodes E1-E10 integrated into substrate 602, Paragraph [0044]) and configured to collect electrocardiogram (ECG) measurements from a subject when the base surface is placed against a precordium of the subject (electrode E2-E5 are configured to collect ECG measurements when the base surface of 602 is placed against a precordium, Figure 7, electrodes E1-E6 are the V or chest electrode leads, Paragraphs [0026] and [0006]); wherein the substrate includes a central portion including a concave side that is shaped and dimensioned when the base surface is placed against a precordium of the subject (upper concave side of substrate 602 wherein the central portion comprises electrodes E2-E4 relative to the subject’s left breast, Figure 7).
Regarding claim 2, Burnes discloses the electrode patch of claim 1, wherein the concave side has a radius of curvature that is similar to a radius of curvature of webspace between a thumb and an index finger of a hand of the subject when the hand is open (upper concave side of the central portion comprising electrode E2-E4 follows the curvature of subject’s left breast hence for a given subject may have a similar radius of curvature of a web space between a thumb and index finger when the hand is open, Figure 7, electrodes positioned at the appropriate predetermined location when applied to the patients, Paragraph [0044], E1-E6 are the chest electrode, Paragraph [0026]).
Regarding claim 4, Burnes discloses the electrode patch of claim 1, further comprising a first peripheral portion and a second peripheral portion that flank the central portion (see modified Figure 7 below).
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Regarding claim 5, Burnes discloses the electrode patch of claim 4, wherein the first peripheral portion and the second peripheral portion flank the central portion to form an approximate L-shape (see modified Figure 7 below, wherein the portions form an approximate L-shape).
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Regarding claim 6, Burnes discloses the electrode patch of claim 4, wherein the first peripheral portion has a length that is similar to an average size of a thumb of a human subject (if the subject places their left hand under/along their left breast to follow the shape of E2-E5 the upper portion may have a length similar to the size of a thumb, Figure 7), and the second peripheral portion has a length similar to an average size of a finger of the human subject (if the subject places their right hand under/along their left breast to follow the shape of E2-E5 the peripheral portion may have a length similar to the size of a finger such as an index finger, Figure 7).
Regarding claim 7, Burnes discloses the electrode patch of claim 1, wherein the concave edge has an arc angle configured to at least partially concentrically align with an underside of a breast of the subject (upper concave edge of central portion has an arc angle configured to concentrically align with an underside of a left breast, Figure 7).
Regarding claim 8, discloses the electrode patch of claim 1, wherein the electrode patch includes exactly four electrodes for collection of ECG measurements from the following precordial locations: V2, V3, V4, and V5 (the electrode patch includes electrodes E2-E5 for collection of ECG measurements from V2-V5 locations, Figure 7, Paragraphs [0044], [0026], and [0006]).
Regarding claim 14, Burnes discloses the electrode patch of claim 1, wherein the substrate comprises one or more hinges for folding at least two portions of the substrate on top of each other (portions of 202 may be folded over such that folded sections provide additional length, Paragraph [0039]).
Claim(s) 1, 9-11, 15-16, 22-23, and 26 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Cho et al. (US 20220022796 A1) herein referred to as “Cho”.
Regarding claim 1, Cho discloses an electrode patch (electrode patch 10, Figure 1, electrocardiogram monitoring device 10 to attach electrodes to or from the body, Paragraph [0061]), comprising: a substrate that includes a base surface (substrate 100 of the patch, Figure 3, patch portion 100 formed to have an elastic or flexible material, Paragraphs [0135]-[0137], substrate 100 includes a bottom surface detachably attached to the chest, Paragraph [0177]); and a plurality of electrodes mounted with respect to the base surface (electrodes C2-C5, Figure 3, electrodes C1-C6, Paragraph [0142]) and configured to collect electrocardiogram (ECG) measurements from a subject when the base surface is placed against a precordium of the subject (electrodes collect measurements corresponding to V2-V5 precordium locations when the bottom surface is placed against the chest, Figure 1, C1 to C6 are attached to the chest corresponding to electrode positions V1-V6, Paragraph [0068]-[0069]); wherein the substrate includes a central portion (portion centrally located from R to F, Figure 3) including a concave side that is shaped (concave edge 182 to 183, Figure 3) and dimensioned when the base surface is placed against a precordium of the subject (concave side is shaped and dimensioned to place the electrodes relative to the subject’s chest, Figure 1 and Figure 3, Paragraph [0068]).
Regarding claim 9, Cho discloses the electrode patch of claim 1, wherein the electrode patch is expandable (see expandable portion 184 to increase the size of the patch, Figure 3, wrinkled portion 184 to increase the size, Paragraph [0142], Paragraphs [0147]-[0150]) to include at least one more electrode for collection of ECG measurements from one or more of the following precordial locations: V1 and V6 (the wrinkled portion 184 is used to place electrode C6 for ECG measurement from the V6 location, Figure 1, and Figure 3, Paragraph [0145], Paragraph [0147], sixth electrode C6 for position V6, Paragraph [0068]).
Regarding claim 10, Cho discloses the electrode patch of claim 1, further comprising a support configured to allow the subject to hold the electrode patch in place against at least a portion of the precordium of the subject (R and L which are part of an upward patch portion including thimbles to allow the subject to hold the patch in place against the chest, Figure 1 and Figure 3, upward patch portion 110 including thimble 125, Figure 7, R and L include components, a structure, and a connection relation of an upward patch portion 110, Paragraph [0180], upward patch portion 110 to allow fingers to come into contact therewith, Paragraph [0185], 110 includes upward contact portion 125 to be easily touched by the hand such as a thimble shape to allow the finger to be inserted thereto, Paragraph [0191] and Paragraph [0193]-[0194]).
Regarding claim 11, Cho discloses the electrode patch of claim 1, further comprising a structural element (R which is part of an upward patch portion including a thimble to allow the subject to insert a finger/thumb, Figure 1, Figure 3, see upward patch portion 110 including thimble 125, Figure 7, R and L include components, a structure, and a connection relation of an upward patch portion 110, Paragraph [0180], upward patch portion 110 to allow fingers to come into contact therewith, Paragraph [0185], 110 includes upward contact portion 125 go be easily touched by the hand such as a thimble shape to allow the finger to be inserted thereto, Paragraph [0191], Paragraphs [0193]-[0194]) configured to allow the subject to correctly position webspace between a thumb and an index finger of a hand of the subject when the hand is open while holding the electrode patch in place (intended use, see how a thumb of the right hand can be positioned in a thimble/cup by R to position a webspace between the thumb and index finger of an open hand while holding the patch over the chest, Figure 1).
Regarding claim 15, Cho discloses the electrode patch of claim 1, further comprising: a support connected to the substrate and configured to naturally assume a curvature in an unloaded state (R and L which are part of an upward patch portion including thimbles to allow the subject to hold the patch in place against the chest, Figure 1 and Figure 3, upward patch portion 110 including thimble 125, Figure 7, R and L include components, a structure, and a connection relation of an upward patch portion 110, Paragraph [0180], upward patch portion 110 to allow fingers to come into contact therewith, Paragraph [0185], 110 includes upward contact portion 125 to be easily touched by the hand such as a thimble shape to allow the finger to be inserted thereto, Paragraph [0191] and Paragraph [0193]-[0194]), and wherein the substrate is configured for placement against at least a portion of a precordium of the subject (substrate 100 includes a bottom surface detachably attached to the chest, Paragraph [0177]).
Regarding claim 16, Cho discloses the electrode patch of claim 15, wherein the support includes a loop configured and dimensioned to receive one or more fingers of the hand of the subject (an unshown thimble hence including an opening/loop to insert a thumb is included, Figure 1, R and L include components, a structure, and a connection relation of an upward patch portion 110, Paragraph [0180], upward patch portion 110 to allow fingers to come into contact therewith, Paragraph [0185], 110 includes upward contact portion 125 to be easily touched by the hand such as a thimble shape to allow the finger to be inserted thereto, Paragraph [0191], Paragraphs [0193]-[0914])..
Regarding claim 22, Cho discloses the electrode patch of claim 1, comprising wherein: the substrate is L-shaped (substrate 100 comprises an L-shape, see modified Figure 2); and the substrate comprises at least one structural element oriented facing away from the base surface (R which is part of an upward patch portion including a thimble to allow the subject to insert a finger/thumb, Figure 1, Figure 3, see upward patch portion 110 including thimble 125, Figure 7, R and L include components, a structure, and a connection relation of an upward patch portion 110, Paragraph [0180], upward patch portion 110 to allow fingers to come into contact therewith, Paragraph [0185], 110 includes upward contact portion 125 go be easily touched by the hand such as a thimble shape to allow the finger to be inserted thereto, Paragraph [0191], Paragraphs [0193]-[0194]).
Regarding claim 23, Cho discloses the electrode patch of claim 22, wherein the at least one structural element is configured to allow the subject to hold the electrode patch against a pericardium of the subject (R and L which are part of an upward patch portion including thimbles to allow the subject to hold the patch in place against the chest, Figure 1 and Figure 3, upward patch portion 110 including thimble 125, Figure 7, R and L include components, a structure, and a connection relation of an upward patch portion 110, Paragraph [0180], upward patch portion 110 to allow fingers to come into contact therewith, Paragraph [0185], 110 includes upward contact portion 125 to be easily touched by the hand such as a thimble shape to allow the finger to be inserted thereto, Paragraph [0191] and Paragraph [0193]-[0194]).
Regarding claim 26, Cho discloses the electrode patch of claim 22, wherein the at least one structural element includes a finger cup configured and dimensioned to receive a thumb of the subject, the finger cup included in a first arm of the L-shaped substrate (unshown thimble seen as a finger cup to insert a thumb is located in a first upper region R, Figure 1, R and L components, a structure, and a connection relation of an upward patch portion 110, Paragraph [0180], upward patch portion to allow fingers to come into contact therewith, Paragraph [0185], 110 includes upward contact portion 125 to be easily touched by the hand such as a thimble shape to allow the finger to be inserted thereinto, Paragraph [0191] and Paragraphs [0193]-[0194]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burnes.
Regarding claim 3, Burnes discloses the electrode patch of claim 1, wherein the concave side has a radius of curvature (the upper concave side of the central portion follows the curvature of a subject’s lest breast to position E1-E4 for a given subject may have a radius of curvature that depends on the size of the patient’s breast, Figure 7, electrode positioned at the appropriate predetermined locations when applied to the patients, Paragraph [0044], E1- E6 are chest electrode, Paragraph [0026]).
However Burnes does not explicitly disclose wherein the radius of curvature that is between about 1 to 4 inches.
Burnes discloses the claimed invention except for wherein the radius of curvature that is between about 1 to 4 inches. It would have been an obvious matter of design choice to modify the radius of curvature to be between about 1 to 4 inches, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burnes in view of Lavigne (US 20120160250 A1) herein referred to as “Lavigne”.
Regarding claim 12, Burnes discloses the electrode patch of claim 1.
However Burnes does not explicitly disclose wherein the electrode patch further comprises a comfort lip extending from the concave side and that provides padding to the breast of the subject upon placement of the concave side under the breast of the subject.
Lavigne discloses a patch worn under the breast of a subject (100 worn under the breasts, Figure 1, 100 is a band that fastens around the torso with a top edge under the bottom crease of the breast, Paragraph [0020]), comprising a comfort lip extending from the concave side and that provides padding to the breast of the subject upon placement of the concave side under the breast of the subject (the top half of 100 including the top edge is a soft material while the bottom half is selected to at least partially adheres to the skin, Paragraph [0021], may be formed by fastening a soft material to pad the breast to an adherent fabric, Paragraph [0030], in order to protect and pad the sensitive underside of the breast, Paragraph [0016]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Burnes to incorporate
the teachings of Lavigne by including wherein the electrode patch further comprises a comfort lip extending from the concave side and that provides padding to the breast of the subject upon placement of the concave side under the breast of the subject. The motivation to do so being to protect and pad the sensitive underside of the breast (Lavigne, Paragraph [0016]).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burnes in view of Lavigne further in view of Niu et al. (CN 108888260 A) herein referred to as “Niu” (see attached).
Regarding claim 13, Burnes in view of Lavigne discloses the electrode patch of claim 12.
However Burnes in view of Lavigne does not explicitly disclose wherein the comfort lip is further configured to extend at least partially over a webspace between a thumb and an index finger of a hand of the subject for holding or positioning the electrode patch under the breast of the subject.
Niu discloses a glove-type ECG detection device (Abstract, see attached) wherein the comfort lip is further configured to extend at least partially over a webspace between a thumb and index finger of a hand of the subject (glove comprises a U-shape at the area between the thumb and index finger wherein the comfort lip is the glove material, Figure 2, see attached) for holding or positioning the electrode patch under the breast of the subject (Figure 2, see attached).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Burnes in view of Lavinge to incorporate the teachings of Niu by including wherein the comfort lip is further configured to extend at least partially over a webspace between a thumb and an index finger of a hand of the subject for holding or positioning the electrode patch under the breast of the subject. The motivation to do so being to allow for a portable ECG detection device suitable for self-discovery of disease, self-record or to provide the results to a doctor for a definite diagnosis (Niu, Page 2, Paragraph 20, see attached).
Claim(s) 17 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho in view of Lavigne (US 20120160250 A1) herein referred to as “Lavigne”.
Regarding claim 17, Cho discloses the electrode patch of claim 15.
However Cho does not explicitly disclose wherein the support is a comfort lip extending from a surface of the substrate and is configured to cover at least the portion of a hand of the subject to provide padding to a breast of the subject.
Lavigne discloses a patch worn under the breast of a subject (100 worn under the breasts, Figure 1, 100 is a band that fastens around the torso with a top edge under the bottom crease of the breast, Paragraph [0020]), wherein the support is a comfort lip extending from a surface of the substrate and is configured to cover at least the portion of a hand of the subject to provide padding to a breast of the subject (the top half of 100 including the top edge is a soft material while the bottom half is selected to at least partially adheres to the skin, Paragraph [0021], may be formed by fastening a soft material to pad the breast to an adherent fabric, Paragraph [0030], in order to protect and pad the sensitive underside of the breast, Paragraph [0016]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Cho to incorporate the teachings of Lavigne by including wherein the support is a comfort lip extending from a surface of the substrate and is configured to cover at least the portion of a hand of the subject to provide padding to a breast of the subject. The motivation to do so being to protect and pad the sensitive underside of the breast (Lavigne, Paragraph [0016]).
Regarding claim 25, Cho discloses the electrode patch of claim 22.
However Cho does not explicitly disclose wherein the at least one structural element is a comfort lip configured to provide padding to a breast of the subject upon placement of the L-shaped substrate around a breast of the subject.
Lavigne discloses a patch worn under the breast of a subject (100 worn under the breasts, Figure 1, 100 is a band that fastens around the torso with a top edge under the bottom crease of the breast, Paragraph [0020]), wherein the support is a comfort lip extending from a surface of the substrate and is configured to cover at least the portion of a hand of the subject to provide padding to a breast of the subject (the top half of 100 including the top edge is a soft material while the bottom half is selected to at least partially adheres to the skin, Paragraph [0021], may be formed by fastening a soft material to pad the breast to an adherent fabric, Paragraph [0030], in order to protect and pad the sensitive underside of the breast, Paragraph [0016]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Cho to incorporate the teachings of Lavigne by including wherein the support is a comfort lip extending from a surface of the substrate and is configured to cover at least the portion of a hand of the subject to provide padding to a breast of the subject. The motivation to do so being to protect and pad the sensitive underside of the breast (Lavigne, Paragraph [0016]).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho in view of Lavigne further in view of Niu et al. (CN 108888260 A) herein referred to as “Niu” (see attached).
Regarding claim 18, Cho in view of Lavigne discloses the electrode patch of claim 17.
However Cho in view of Lavigne does not explicitly disclose wherein the comfort lip has an approximate U-shape, wherein a concave portion of the approximate U-shape is the hand contacting surface, and a convex portion of the approximate U-shape is the breast contacting surface.
Niu discloses a glove-type ECG detection device (Abstract, see attached) wherein the comfort lip has an approximate U-shape (glove comprises a U-shape at the area between the thumb and index finger wherein the comfort lip is the glove material, Figure 2, see attached), wherein a concave portion of the approximate U-shape is the hand contacting surface (Figure 2, see attached), and a convex portion of the approximate U-shape is the breast contacting surface (Figure 2, see attached).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Cho in view of Lavinge to incorporate the teachings of Niu by including wherein the comfort lip has an approximate U- shape, wherein a concave portion of the approximate U-shape is the hand contacting surface, and a convex portion of the approximate U-shape is the breast contacting surface. The motivation to do so being to allow for a portable ECG detection device suitable for self-discovery of disease, self-record or to provide the results to a doctor for a definite diagnosis (Niu, Page 2, Paragraph 20, see attached).
Claim(s) 24, 27, and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho in view of Ravuri et al. (US 20230139248 A1) herein referred to as “Ravuri”.
Regarding claim 24, Cho discloses the electrode patch of claim 22.
However Cho does not explicitly disclose wherein the at least one structural element includes one or more flaps extending from an inside edge of the L-shaped substrate, the one or more flaps configured to extend at least partially over a webspace between a thumb and an index finger of a hand of the subject for holding or positioning the electrode patch under the breast of the subject.
Ravuri discloses a handheld medical device comprising a plurality of electrodes and sensor for detecting vital signs of a patient (Abstract) wherein the at least one structural element includes one or more flaps extending from an inside edge of the L-shaped substrate, the one or more flaps configured to extend at least partially over a webspace between a thumb and an index finger of a hand of the subject for holding or positioning the electrode patch under the breast of the subject (the wearable device 102 comprises rod 302 (seen the L-shaped substrate) wherein the rod comprises a flap comprising right arm sensor 314 which extends over the webspace between the index finger and thumb, for holding or positioning the electrodes under the breast (Figure 5C), Figure 3, Paragraphs [0041]-[0042]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Cho to incorporate the teachings of Ravuri by including wherein the at least one structural element includes one or more flaps extending from an inside edge of the L-shaped substrate, the one or more flaps configured to extend at least partially over a webspace between a thumb and an index finger of a hand of the subject for holding or positioning the electrode patch under the breast of the subject. The motivation to do so being to facilitate capturing signals from a proximal phalanx, a middle phalanx, and a distal phalanx equally (Ravuir, Paragraph [0041]).
Regarding claim 27, Cho discloses the electrode patch of claim 1.
However Cho does not explicitly disclose wherein at least one electrode is mounted on a hand facing surface of the substrate, the hand facing surface being in contact with a hand of the subject when holding the base surface against the pericardium of the subject.
Ravuri discloses wherein at least one electrode is mounted on a hand facing surface of the substrate, the hand facing surface being in contact with a hand of the subject when holding the base surface against the pericardium of the subject (the middle finger 308c may have a vertical extension 310 from the boomerang-shaped rod 302 (seen as the substrate), the vertical extension 310 may comprises SPO2 and temperature sensors 309b configured to detect the temperature and estimation of the oxygen saturation level usually measured with a pulse oximeter device, Paragraph [0041], Figure 3).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Cho to incorporate the teachings of Ravuri by including wherein at least one electrode is mounted on a hand facing surface of the substrate, the hand facing surface being in contact with a hand of the subject when holding the base surface against the pericardium of the subject. The motivation to do so being to detect the temperature and oxygen saturation level of the patient (Ravuri, Paragraph [0041]).
Regarding claim 28, Cho in view of Ravuri discloses the electrode patch of claim 27.
However Cho does not explicitly disclose wherein the electrode patch further comprises at least one sensor mounted on the hand facing surface.
Ravuri discloses wherein the electrode patch further comprises at least one sensor mounted on the hand facing surface (the middle finger 308c may have a vertical extension 310 from the boomerang-shaped rod 302 (seen as the substrate), the vertical extension 310 may comprises SPO2 and temperature sensors 309b configured to detect the temperature and estimation of the oxygen saturation level usually measured with a pulse oximeter device, Paragraph [0041], Figure 3).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Cho to incorporate the teachings of Ravuri by including wherein at least one electrode is mounted on a hand facing surface of the substrate, the hand facing surface being in contact with a hand of the subject when holding the base surface against the pericardium of the subject. The motivation to do so being to detect the temperature and oxygen saturation level of the patient (Ravuri, Paragraph [0041]).
Conclusion
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/D.S./Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
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