DETAILED ACTION
Note: The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1-14 are pending and currently under consideration for patentability under 37 CFR 1.104
Foreign Priority
Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy (JP2021-158605 filed on September 29, 2021) has been received.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on March 4, 2024 has been considered by the examiner.
Claim Rejections - 35 USC § 102(A)(1)
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.
Claims 1, 2, 8, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hiroshi et al. (JP2019088391) (hereinafter “Hiroshi”)
Hiroshi was cited in applicant’s IDS filed on March 4, 2024.
Citations are based on English Translation of Hiroshi, attached in file wrapper.
With respect to claims 1 and 8, Hiroshi teaches a blood collection system and method used for collecting blood of a subject (par.0021 “blood collection device 1… blood collection tube 114”; see also Fig. 1), the blood collection system comprising: a puncturing and blood collection mechanism configured to puncture a finger of the subject with a puncture needle (par.0021 “blood collection tube 114”; par.0036 “puncture needle… pressed against a finger… punctures the skin and capillaries of the finger”); a cuff configured to be attached to the finger of the subject in a rolling manner (par.0021 “cuff 151 that tightens the periphery of a finger 156”); and a cuff control unit configured to supply pressurized air to the cuff so as to inflate the cuff and apply a predetermined pressure to the finger of the subject (par.0023 “pump 154 for controlling the internal pressure of the cuff 151… the tightening pressure of the finger 156 can be adjusted”; par.0053 “predetermined pressure threshold”).
With respect to claims 2 and 9, Hiroshi teaches wherein the cuff control unit supplies the pressurized air to the cuff in a predetermined pattern such that an internal pressure of the cuff repeatedly increases and decreases (par.0052-53, 61).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3-7 and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Hiroshi.
Regarding claims 3 and 10, Hiroshi discloses a light source configured to irradiate the finger of the subject with light (par.0024, 0026, 0028, 0047); a camera configured to image the light that passes through the finger of the subject (par.0024, 0082).
Although Hiroshi does not explicitly teach and a blood collection control unit configured to determine a puncture position for the puncture needle by the puncturing and blood collection mechanism based on a captured video from the camera, wherein the blood collection control unit determines the puncture position so as to puncture a finger vein of the subject with the puncture needle based on the captured video from the camera, further modification to incorporate this feature would have been obvious to person having ordinary skill in the art (“PHOSITA”) when the invention was filed for the following reasons. First, Hiroshi expressly teaches utilizing an imaging unit, camera or a CMOS (par.0024, 0082); assessing positional relationship between a finger and puncturing device (par.0022, 0052, 0057-58, 0074-75); and confirming/checking appropriate finger placement in relation to the blood collection device (par.0037-39, 0047-48). Therefore, PHOSITA would have had predictable success modifying Hiroshi when the invention was filed to determine a puncture position based on images/video from the camera in the manner recited for the purpose of optimizing blood collection conditions in accordance with the physical characteristics and the like for the target person, as evidence by Hiroshi (par.0039). For purposes of compact prosecution, Examiner cites additional references that further establish it is known to determine puncture position, using an imaging device, etc. Please see prior art cited at the end of the current office action for additional example teachings.
Regarding claims 4 and 11, Hiroshi suggests wherein the blood collection control unit determines, as a current puncture position, at least a position different from a previous position on the finger of the subject (par.0049-50).
Regarding claims 5 and 12, Hiroshi suggests wherein the light source irradiates the finger of the subject with near-infrared light as the light (par.0024-28, 0047, 0051, 0059, 0083). Although Hiroshi does not explicitly teach the camera is an infrared night vision camera, further modification to incorporate this feature would have been prima facie obvious to PHOSITA when the invention was filed as a simple substitution. Examiner takes official notice that infrared night vision cameras are widely known, i.e. replacing Hiroshi’s camera (par.0024, 0082) with a well-known night vision camera would merely involve routine skill in the art.
Regarding claims 6 and 13, Hiroshi suggests wherein the blood collection control unit authenticates the subject using the finger vein of the subject imaged by the camera (par.0037-39, 0047-50).
Regarding claims 7 and 14, Hiroshi suggests wherein the blood collection control unit authenticates the subject and determines the puncture position using the finger vein on a fingertip end side with respect to a first joint of the finger of the subject (par.0022, 0047-52, 0057-58, 0074-75).
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent No. 5029583
US PG Pub. No. 2009/0275860
US PG Pub. No. 2011/0015544
Conclusion
No claim is allowed.
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/PUYA AGAHI/Primary Examiner, Art Unit 3791