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 Objections
Claims 23 and 25 objected to because of the following informalities:
Regarding claim 23, the claim appears to have a typo. The claim recites: “wherein a top surface of the hollow heat flow compensation mechanism configured to be away from the living body is smaller than an area of a bottom surface the hollow heat flow compensation mechanism that configured to be attached to the living body”. Perhaps applicant means: -- wherein a top surface of the hollow heat flow compensation mechanism that is configured to be away from the living body is smaller than an area of a bottom surface of the hollow heat flow compensation mechanism that is configured to be attached to the living body--?
Regarding claim 25, the claim appears to have a typo. The claim recites: “at a distance from a position through which a center line of the frustum shape of hollow the hollow heat flow compensation mechanism passes”. Perhaps applicant means: -- at a distance from a position through which a center line of the frustum shape of the hollow heat flow compensation mechanism passes--?
Appropriate correction is required.
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.
Claims 9-27 are rejected under 35 U.S.C. 103 as being unpatentable over Prachar US 10750951) (hereinafter Prachar) in view of Bernstein et al. (US 2011/0213225) (hereinafter Bernstein) in further view of Seyama et al. (WO2019230392) (hereinafter Seyama).
Regarding claim 9, Prachar teaches a temperature measurement device, comprising: a detector (first temperature sensor (102), second temperature sensor (104), plate temperature sensor (112)) (see Figures 1-4); a housing (housing) (101) with a hollow structure that covers the detector (first temperature sensor (102), second temperature sensor (104), plate temperature sensor (112)) (see Figures 1-4 and column 5, lines 35-46), wherein a space is disposed between the housing (housing) (101) and the detector (first temperature sensor (102), second temperature sensor (104), plate temperature sensor (112)) (see Figures 1-4); a heat flow compensation mechanism with a hollow structure that is disposed inside the housing (housing) so as to cover the detector (first temperature sensor (102), second temperature sensor (104), plate temperature sensor (112)) (see Figures 1-4) and is configured to transport a heat flux from the living body outside the detector to an upper part of the detector (“A first heat conduction occurs along a first heat conduction path from the body of the person, through the first insulation material, and to the isothermal plate. A second heat conduction occurs along a second heat conduction path from the body of the person, through the second insulation material, and to the isothermal plate. The method includes measuring, with the first temperature sensor, a first temperature. The method includes measuring, with the second temperature sensor, a second temperature. The method includes measuring, with the isothermal plate temperature sensor, an isothermal plate temperature of the isothermal plate.”; see column 2, lines 6-17). Prachar further teaches and electronic circuit (controller) (118) (see Figure 4).
However, Prachar does not explicitly teach the detector configured to measure a magnitude of a heat flow transmitted from a living body; and a circuit board mounted on the heat flow compensation mechanism, wherein the circuit board includes an electronic circuit configured to calculate an internal temperature of the living body based on a magnitude of the heat flow measured by the detector.
Bernstein teaches a circuit board (PCB) (111, 300) mounted on the heat flow compensation mechanism (body electronics) (110), wherein the circuit board (PCB) (111, 300) includes an electronic circuit (data processing or control unit) (see Figures 2A-4A and paragraphs 0111-0123).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to provide the detector as taught by Prachar with a circuit board mounted on the heat flow compensation mechanism, wherein the circuit board includes an electronic circuit as taught by Bernstein. One would be motivated to make this combination for the advantage of providing a compact design, improved reliability and ease of mass production.
However, Prachar as modified by Bernstein does not explicitly teach the detector configured to measure a magnitude of a heat flow transmitted from a living body and an electronic circuit configured to calculate an internal temperature of the living body based on a magnitude of the heat flow measured by the detector.
Seyama teaches a detector (temperature measuring apparatus) (1) configured to measure a magnitude of a heat flow transmitted from a living body (living body) (90) (see Abstract and page 3, lines 22-25), an electronic circuit (second calculation unit) (42a) configured to calculate an internal temperature of the living body based on a magnitude of the heat flow measured by the detector (see Abstract and page 3, lines 21-26).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to configure the detector as taught by the prior combination to measure a magnitude of a heat flow transmitted from a living body and an electronic circuit configured to calculate an internal temperature of the living body based on a magnitude of the heat flow measured by the detector as taught by Seyama. One would be motivated to make this combination inn order to provide a more accurate core temperature of the living body.
Regarding claim 10, Prachar in view of Bernstein and Seyama teaches all the limitations of claim 9.
However, Prachar as modified by Bernstein and Seyama does not explicitly teach the heat flow compensation mechanism has a frustum shape, and wherein a top surface of the heat flow compensation mechanism away from the living body is smaller than an area of a bottom surface the heat flow compensation mechanism towards the living body.
Bernstein further teaches the heat flow compensation mechanism (body electronics) (110) has a frustum shape (body electronics (110) includes a dome-like or tapered shape) (see paragraph 0111), and wherein a top surface of the heat flow compensation mechanism (body electronics) (110) away from the living body is smaller than an area of a bottom surface the heat flow compensation (body electronics) (110) mechanism towards the living body (see Figures 2A-4A).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the detector as taught by the prior combination with the heat flow compensation mechanism has a frustum shape, and wherein a top surface of the heat flow compensation mechanism away from the living body is smaller than an area of a bottom surface the heat flow compensation mechanism towards the living body as taught by Bernstein. One would be motivated to make this combination in order to minimize the thickness of the detector, provide a small on-body footprint of the detector, and to provide a small surface area of the detector for the benefit of maximized comfort in use and wear.
Regarding claim 11, Prachar in view of Bernstein and Seyama teaches all the limitations of claim 10, and further teaches the detector (first temperature sensor (102), second temperature sensor (104)) is in contact with an inner wall of the top surface of the heat flow compensation mechanism (“A first heat conduction occurs along a first heat conduction path from the body of the person, through the first insulation material, and to the isothermal plate. A second heat conduction occurs along a second heat conduction path from the body of the person, through the second insulation material, and to the isothermal plate. The method includes measuring, with the first temperature sensor, a first temperature. The method includes measuring, with the second temperature sensor, a second temperature. The method includes measuring, with the isothermal plate temperature sensor, an isothermal plate temperature of the isothermal plate.”) (see Prachar; column 2, lines 6-17 and Figures 1-4).
Regarding claim 12, Prachar in view of Bernstein and Seyama teaches all the limitations of claim 10, and further teaches the detector (plate temperature sensor) (112) is disposed at a position of a center line of the frustum shape of the heat flow compensation mechanism (see Prachar; Figures 1-3).
Regarding claim 13, Prachar in view of Bernstein and Seyama teaches all the limitations of claim 12, and further teaches wherein the electronic circuit (controller) (118) (see Figure 4) is disposed on the circuit board, at a distance from a position through which a center line of the frustum shape of the heat flow compensation mechanism passes (see Prachar, Figures 1-4).
Regarding claim 14, Prachar in view of Bernstein and Seyama teaches all the limitations of claim 13, and further teaches a battery (battery) (116) configured to supply a power supply voltage to the electronic circuit (controller) (118) (see Prachar; Figure 4), battery (battery) (116) is disposed on the circuit board at a position through which the center line of the frustum shape of the heat flow compensation mechanism passes (see Prachar, Figure 4).
Regarding claim 15, Prachar in view of Bernstein and Seyama teaches all the limitations of claim 12, and further teaches wherein the electronic circuit (controller) (118) (see Figure 4) is disposed on the circuit board, at a distance from a position through which a center line of the frustum shape of the heat flow compensation mechanism passes (see Prachar, Figures 1-4).
Regarding claim 16, Prachar in view of Bernstein and Seyama teaches all the limitations of claim 15, and further teaches a battery (battery) (116) configured to supply a power supply voltage to the electronic circuit (controller) (118) (see Prachar; Figure 4), battery (battery) (116) is disposed on the circuit board at a position through which the center line of the frustum shape of the heat flow compensation mechanism passes (see Prachar, Figure 4).
Regarding claim 17, Prachar in view of Bernstein and Seyama teaches all the limitations of claim 10, and further teaches a battery (battery) (116) configured to supply a power supply voltage to the electronic circuit (controller) (118) (see Prachar; Figure 4), battery (battery) (116) is disposed on the circuit board at a position through which the center line of the frustum shape of the heat flow compensation mechanism passes (see Prachar, Figure 4).
Regarding claim 18, Prachar in view of Bernstein and Seyama teaches all the limitations of claim 9.
Prachar further teaches the detector includes: a first temperature sensor (first temperature sensor) (102) configured to measure a first temperature of a skin surface of the living body; a second temperature sensor (plate temperature sensor) (112) configured to measure a second temperature of a location away from the living body; and a fixing member (insulation) (114) holding the first (first temperature sensor) (102) and second temperature sensors (plate temperature sensor) (112) (see Figures 1-4 and column 5, lines 36-46).
However, Prachar in view of Bernstein and Seyama does not explicitly teach the detector is configured to measure a difference between the first temperature and the second temperature as the magnitude of the heat flow transmitted from the living body.
Seyama teaches the detector (heat flux sensor) (20) is configured to measure a difference between the first temperature and the second temperature as the magnitude of the heat flow transmitted from the living body (see page 6, lines 1-5).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the detector as taught by the prior combination to be configured to measure a difference between the first temperature and the second temperature as the magnitude of the heat flow transmitted from the living body as taught by Seyama. One would be motivated to make this combination inn order to provide a more accurate core temperature of the living body.
Regarding claim 19, Prachar in view of Bernstein and Seyama teaches all the limitations of claim 9.
However, Prachar as modified by Bernstein and Seyama does not explicitly teach wherein a ratio H2/ɸD between a diameter ɸD of the heat flow compensation mechanism and a height H2 of a space above the circuit board in the housing is less than 0.2.
Bernstein teaches teach wherein a ratio H2/ɸD between a diameter ɸD (ɸD= 50mm) (see paragraph 0115) of the heat flow compensation mechanism and a height H2 of a space above the circuit board in the housing(total H= 4.5mm) (see paragraph 0111) is less than 0.2 (total ratio = 0.09; therefore the ratio H2/ɸD between a diameter ɸD of the heat flow compensation mechanism and a height H2 of a space above the circuit board in the housing is less than 0.2). It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the detector as taught by the prior combination with a ratio H2/ɸD between a diameter ɸD of the heat flow compensation mechanism and a height H2 of a space above the circuit board in the housing is less than 0.2 as taught by Bernstein. One would be motivated to make this combination in order to minimize the thickness of the detector, provide a small on-body footprint of the detector, and to provide a small surface area of the detector for the benefit of maximized comfort in use and wear.
Regarding claim 20, Prachar teaches a temperature measurement device, comprising: a detector (first temperature sensor (102), second temperature sensor (104), plate temperature sensor (112)) (see Figures 1-4); a hollow heat flow compensation mechanism over and covering the detector (first temperature sensor (102), second temperature sensor (104), plate temperature sensor (112)) (see Figures 1-4), the hollow heat flow compensation mechanism is configured to transport a heat flux from the living body outside the detector to an upper part of the detector (“A first heat conduction occurs along a first heat conduction path from the body of the person, through the first insulation material, and to the isothermal plate. A second heat conduction occurs along a second heat conduction path from the body of the person, through the second insulation material, and to the isothermal plate. The method includes measuring, with the first temperature sensor, a first temperature. The method includes measuring, with the second temperature sensor, a second temperature. The method includes measuring, with the isothermal plate temperature sensor, an isothermal plate temperature of the isothermal plate.”; see column 2, lines 6-17). Prachar further teaches and electronic circuit (controller) (118) (see Figure 4).
However, Prachar does not explicitly teach the detector configured to measure a magnitude of a heat flow transmitted from a living body; and a circuit board over and mounted to the hollow heat flow compensation mechanism, wherein the circuit board includes an electronic circuit configured to calculate an internal temperature of the living body based on a magnitude of the heat flow measured by the detector.
Bernstein teaches a circuit board (PCB) (111, 300) over and mounted to the heat flow compensation mechanism (body electronics) (110), wherein the circuit board (PCB) (111, 300) includes an electronic circuit (data processing or control unit) (see Figures 2A-4A and paragraphs 0111-0123).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to provide the detector as taught by Prachar with a circuit board over and mounted on the heat flow compensation mechanism, wherein the circuit board includes an electronic circuit as taught by Bernstein. One would be motivated to make this combination for the advantage of providing a compact design, improved reliability and ease of mass production.
However, Prachar as modified by Bernstein does not explicitly teach the detector configured to measure a magnitude of a heat flow transmitted from a living body and an electronic circuit configured to calculate an internal temperature of the living body based on a magnitude of the heat flow measured by the detector.
Seyama teaches a detector (temperature measuring apparatus) (1) configured to measure a magnitude of a heat flow transmitted from a living body (living body) (90) (see Abstract and page 3, lines 22-25), an electronic circuit (second calculation unit) (42a) configured to calculate an internal temperature of the living body based on a magnitude of the heat flow measured by the detector (see Abstract and page 3, lines 21-26).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to configure the detector as taught by the prior combination to measure a magnitude of a heat flow transmitted from a living body and an electronic circuit configured to calculate an internal temperature of the living body based on a magnitude of the heat flow measured by the detector as taught by Seyama. One would be motivated to make this combination inn order to provide a more accurate core temperature of the living body.
Regarding claim 21, Prachar in view of Bernstein and Seyama teaches all the limitations of claim 9, and further teaches a hollow housing (housing) (101) (see Figures 1-4) covering the hollow heat flow compensation mechanism and the circuit board (“A first heat conduction occurs along a first heat conduction path from the body of the person, through the first insulation material, and to the isothermal plate. A second heat conduction occurs along a second heat conduction path from the body of the person, through the second insulation material, and to the isothermal plate. The method includes measuring, with the first temperature sensor, a first temperature. The method includes measuring, with the second temperature sensor, a second temperature. The method includes measuring, with the isothermal plate temperature sensor, an isothermal plate temperature of the isothermal plate.”; see Prachar; column 2, lines 6-17) (see Prachar; Figures 1-4).
Regarding claim 22, Prachar in view of Bernstein and Seyama teaches all the limitations of claim 21.
However, Prachar as modified by Bernstein and Seyama does not explicitly teach wherein a ratio H2/ɸD between a diameter ɸD of the hollow heat flow compensation mechanism and a height H2 of a space above the circuit board in the housing is less than 0.2.
Bernstein teaches teach wherein a ratio H2/ɸD between a diameter ɸD (ɸD= 50mm) (see paragraph 0115) of the hollow heat flow compensation mechanism and a height H2 of a space above the circuit board in the housing(total H= 4.5mm) (see paragraph 0111) is less than 0.2 (total ratio = 0.09; therefore the ratio H2/ɸD between a diameter ɸD of the hollow heat flow compensation mechanism and a height H2 of a space above the circuit board in the housing is less than 0.2). It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the detector as taught by the prior combination with a ratio H2/ɸD between a diameter ɸD of the hollow heat flow compensation mechanism and a height H2 of a space above the circuit board in the housing is less than 0.2 as taught by Bernstein. One would be motivated to make this combination in order to minimize the thickness of the detector, provide a small on-body footprint of the detector, and to provide a small surface area of the detector for the benefit of maximized comfort in use and wear.
Regarding claim 23, Prachar in view of Bernstein and Seyama teaches all the limitation of claim 20.
However, Prachar as modified by Bernstein and Seyama does not explicitly teach the hollow heat flow compensation mechanism has a frustum shape, and wherein a top surface of the hollow heat flow compensation mechanism configured to away from the living body is smaller than an area of a bottom surface the hollow heat flow compensation mechanism that configured to be attached to the living body.
Bernstein further teaches the hollow heat flow compensation mechanism (body electronics) (110) has a frustum shape (body electronics (110) includes a dome-like or tapered shape) (see paragraph 0111), and wherein a top surface of the hollow heat flow compensation mechanism (body electronics) (110) configured to be away from the living body is smaller than an area of a bottom surface the hollow heat flow compensation (body electronics) (110) mechanism that configured to be attached to the living body (see Figures 2A-4A).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the detector as taught by the prior combination with the hollow heat flow compensation mechanism has a frustum shape, and wherein a top surface of the hollow heat flow compensation mechanism configured to away from the living body is smaller than an area of a bottom surface the hollow heat flow compensation mechanism that configured to be attached to the living body as taught by Bernstein. One would be motivated to make this combination in order to minimize the thickness of the detector, provide a small on-body footprint of the detector, and to provide a small surface area of the detector for the benefit of maximized comfort in use and wear.
Regarding claim 24, Prachar in view of Bernstein and Seyama teaches all the limitations of claim 23, and further teaches the detector (plate temperature sensor) (112) is disposed at a position of a center line of the frustum shape of the hollow heat flow compensation mechanism (see Prachar; Figures 1-3).
Regarding claim 25, Prachar in view of Bernstein and Seyama teaches all the limitations of claim 24, and further teaches wherein the electronic circuit (controller) (118) (see Figure 4) is disposed on the circuit board, at a distance from a position through which a center line of the frustum shape of the hollow heat flow compensation mechanism passes (see Prachar, Figures 1-4).
Regarding claim 26, Prachar in view of Bernstein and Seyama teaches all the limitations of claim 24, and further teaches a battery (battery) (116) configured to supply a power supply voltage to the electronic circuit (controller) (118) (see Prachar; Figure 4), the battery (battery) (116) is disposed on the circuit board at a position through which the center line of the frustum shape of the hollow heat flow compensation mechanism passes (see Prachar, Figure 4).
Regarding claim 27, Prachar in view of Bernstein and Seyama teaches all the limitations of claim 20.
Prachar further teaches the detector includes: a first temperature sensor (first temperature sensor) (102) configured to measure a first temperature of a skin surface of the living body; a second temperature sensor (plate temperature sensor) (112) configured to measure a second temperature of a location away from the living body; and a fixing member (insulation) (114) holding the first (first temperature sensor) (102) and second temperature sensors (plate temperature sensor) (112) (see Figures 1-4 and column 5, lines 36-46).
However, Prachar in view of Bernstein and Seyama does not explicitly teach the detector is configured to measure a difference between the first temperature and the second temperature as the magnitude of the heat flow transmitted from the living body.
Seyama teaches the detector (heat flux sensor) (20) is configured to measure a difference between the first temperature and the second temperature as the magnitude of the heat flow transmitted from the living body (see page 6, lines 1-5).
It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the detector as taught by the prior combination to be configured to measure a difference between the first temperature and the second temperature as the magnitude of the heat flow transmitted from the living body as taught by Seyama. One would be motivated to make this combination inn order to provide a more accurate core temperature of the living body.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANICE M SOTO whose telephone number is (571)270-7707. The examiner can normally be reached M-F 8:00am-4:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Breene can be reached at 571-272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JANICE M SOTO/Examiner, Art Unit 2855
/JOHN E BREENE/Supervisory Patent Examiner, Art Unit 2855