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)(4) because reference character “34” has been used to designate both an evaluating device and a receiving device. 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.
Claim Interpretation
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 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 is: “an amplifying unit configured to amplify the at least one physiological signal” in claim 20.
Because this claim limitation is being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it is 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 limitation 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 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 recites sufficient structure to perform the claimed function so as to avoid it being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
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.
Claim 19 recites the limitation "the environment of the system" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim limitation “an amplifying unit configured to amplify the at least one physiological signal” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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.
Claims 16-18 and 28-29 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Pfeiffer et al. (U.S. PGPub No. 2017/0169690).
Regarding claim 16, Pfeiffer teaches a system (Fig. 1, paragraph 0024, line 3) for
detecting physiological data (Paragraph 0024, lines 39-41) of a person (Paragraph 0024, line 39) in-flight in an aircraft (Paragraph 0024, lines 5-7), including: at least one aircraft seat (Fig. 2, paragraph 0027, line 2) and/or at least one aircraft bed (Fig. 3, paragraph 0028, line 2); and at least one detecting device (Fig. 1, paragraph 0024, lines 12-13) including at least one capacitive sensor (Fig. 1, paragraph 0024, lines 14-15) integrated in (Paragraph 0027, lines 5-7 and paragraph 0028, lines 5-7) the at least one aircraft seat and/or the at least one aircraft bed, the at least one capacitive sensor configured to sense at least one physiological value (Paragraph 0036, lines 3-4) of a person arranged on at least a portion (Paragraph 0036, line 4) of the at least one aircraft seat and/or the at least one aircraft bed, wherein the at least one capacitive sensor is further configured to generate as the physiological data at least one physiological signal (Fig. 2, paragraph 0036, line 2) based on the sensed at least one physiological value (Fig. 2, paragraph 0036, lines 3-4).
Regarding claim 17, Pfeiffer teaches a system (Fig. 1, paragraph 0024, line 3)
according to claim 16, wherein the system includes at least one aircraft seat (Fig. 2, paragraph 0027, line 2), and wherein the at least one capacitive sensor (Fig. 1, paragraph 0024, lines 14-15) is arranged in or on (Paragraph 0024, lines 12-13) a seating portion and/or in or on a backrest (Fig. 1, paragraph 0024, lines 8-12) of the at least one aircraft seat.
Regarding claim 18, Pfeiffer teaches a system (Fig. 1, paragraph 0024, line 3)
according to claim 16, wherein the at least one detecting device (Fig. 1, paragraph 0024, lines 12-13) includes at least one transmitting device (Paragraph 0026, line 2) configured to connect to (Paragraph 0026, lines 6-10) a receiving device (Paragraph 0026, line 7) and to transmit (Paragraph 0026, lines 6-10) the physiological data to the receiving device (Paragraph 0026, lines 6-10).
Regarding claim 28, Pfeiffer teaches a system (Fig. 1, paragraph 0024, line 3) according to claim 16, wherein the physiological data (Paragraph 0024, lines 39-41) relates to at least one of a respiratory rate (Paragraph 0037, line 4), a heart rate (Paragraph 0037, lines 4-5), a sinus rhythm (Paragraph 0027, line 32), and a bioelectrical value (Paragraph 0027, line 32) of the person (Paragraph 0024, line 39).
Regarding claim 29, Pfeiffer teaches a system (Fig. 1, paragraph 0024, line 3) of claim 16, further comprising an evaluating device (Paragraph 0026, line 7) configured to determine at least one physiological parameter (Paragraph 0036, lines 5-6) of the person (Paragraph 0024, line 39) based on the at least one physiological signal (Fig. 2, paragraph 0036, line 2).
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 19-27 and 30-31 are rejected under 35 U.S.C. 103 as being unpatentable over Pfeiffer et al. (U.S. PGPub No. 2017/0169690) in view of Sullivan et al. (U.S. Patent No. 6,984,207).
Regarding claim 19, Pfeiffer teaches a system (Fig. 1, paragraph 0024, line 3)
according to claim 16, further including a signal processing unit (Fig. 1, paragraph 0024, line 26) configured to process (Paragraph 0024, lines 28-34) and/or adjust the at least one physiological signal (Fig. 2, paragraph 0036, line 2) at least based on one or more electromagnetic interference signals present in the environment of the system.
Pfeiffer does not teach a signal processing unit that is configured to adjust the at
least one physiological signal at least based on one or more electromagnetic interference signals present in the environment of the system. However, Sullivan teaches a passive physiological monitoring system that is configured to adjust (Col. 7, lines 60-64) the at least one physiological signal at least based on one or more electromagnetic interference signals (Col. 1, lines 36-37) present in the environment of the system.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pfeiffer to incorporate the teachings of Sullivan to include a signal processing unit that is configured to adjust the at least one physiological signal based on one or more electromagnetic interference signals present in the environment of the system. Doing so would isolate the detected physiological signals by eliminating noise interference signals from the aircraft, as recognized by Sullivan.
Regarding claim 20, Pfeiffer teaches a system (Fig. 1, paragraph 0024, line 3)
according to claim 19, further comprising an amplifying unit configured to amplify the at
least one physiological signal (Fig. 2, paragraph 0036, line 2) and to provide at least one amplified physiological signal to the signal processing unit (Fig. 1, paragraph 0024, line 26) such that the signal processing unit can process (Paragraph 0024, lines 28-34) and/or adjust the at least one amplified physiological signal.
Pfeiffer does not teach a system that comprises an amplifying unit which is configured to amplify the at least one physiological signal and to provide at least one amplified physiological signal to the signal processing unit such that the signal processing unit can adjust the at least one amplified physiological signal. However, Sullivan teaches a passive physiological monitoring system that comprises an amplifying unit (Col. 5, line 30) to amplify the at least one physiological signal and to provide at least one amplified physiological signal (Col. 5, line 31) to the signal processing unit, such that the signal process unit can adjust (Col. 7, lines 60-64) the at least one amplified physiological signal.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pfeiffer to incorporate the teachings of Sullivan to include a system that comprises an amplifying unit which is configured to amplify the at least one physiological signal and to provide at least one amplified physiological signal to the signal processing unit such that the signal processing unit can adjust the at least one amplified physiological signal. Doing so would increase the strength of the physiological signals and help them be properly processed, as recognized by Sullivan.
Regarding claim 21, Pfeiffer teaches a system (Fig. 1, paragraph 0024, line 3) according to claim 19, wherein the at least one detecting device (Fig. 1, paragraph 0024, lines 12-13) is configured to apply analog and/or digital frequency-selective filtering to the at least one physiological signal (Fig. 2, paragraph 0036, line 2) at least based on the one or more electromagnetic interference signals.
Pfeiffer does not teach a system that is configured to apply analog and/or digital frequency-selective filtering to the at least one physiological signal at least based on the one or more electromagnetic interference signals. However, Sullivan teaches a passive physiological monitoring system that is configured to apply analog (Col. 5, lines 29-32) and/or digital (Col. 5, lines 32-34) frequency-selective filtering (Col. 6, line 58) to the at least one physiological signal at least based on the one or more electromagnetic interference signals (Col. 1, lines 36-37).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pfeiffer to incorporate the teachings of Sullivan to include a system that is configured to apply analog and/or digital frequency-selective filtering to the at least one physiological signal at least based on the one or more electromagnetic interference signals. Doing so would ensure that the system has a means for frequency-selective filtering either analog or digital physiological signals in order to reduce noise interference signals from the aircraft, as recognized by Sullivan.
Regarding claim 22, Pfeiffer teaches a system (Fig. 1, paragraph 0024, line 3) according to claim 21, wherein the at least one detecting device (Fig. 1, paragraph 0024, lines 12-13) comprises at least one passive electronic component for performing the analog frequency-selective filtering. Pfeiffer does not teach a system that comprises at least one passive electronic component for performing analog frequency-selective filtering. However, Sullivan teaches a passive physiological monitoring system that comprises a passive electronic component (Col. 5, lines 39-42) for the analog frequency-selective filtering.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pfeiffer to incorporate the teachings of Sullivan to have a system that includes a passive electronic component for performing the analog frequency-selective filtering. Doing so would ensure that the system has a means for frequency-selective filtering analog physiological signals in order to reduce noise interference signals from the aircraft, as recognized by Sullivan. It is also known in the art that passive electronic components such as capacitors and inductors are used for analog frequency-selective filtering.
Regarding claim 23, Pfeiffer teaches a system (Fig. 1, paragraph 0024, line 3) according to claim 21, wherein the at least one detecting device (Fig. 1, paragraph 0024, lines 12-13) comprises at least one logic module for performing the digital frequency-selective filtering. Pfeiffer does not teach a system that comprises at least one logic module for performing the digital frequency-selective filtering. However, Sullivan teaches a passive physiological monitoring system that comprises at least one logic module (Col. 9, lines 3-4) for performing the digital frequency-selective filtering (Col. 5, lines 32-33).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pfeiffer to incorporate the teachings of Sullivan to have a system that includes a logic module for performing the digital frequency-selective filtering. Doing so would ensure that the system has a means for frequency-selective filtering digital physiological signals in order to reduce noise interference signals from the aircraft, as recognized by Sullivan. It is also known in the art that logic modules or algorithms are used for digital frequency-selective filtering.
Regarding claim 24, Pfeiffer teaches a system (Fig. 1, paragraph 0024, line 3) according to claim 19, wherein the signal processing unit (Fig. 1, paragraph 0024, line 26) is configured to detect at least one pulse width and/or at least one frequency of the one or more electromagnetic interference signals, and to filter and/or disregard the at least one pulse width and/or the at least one frequency from the at least one physiological signal.
Pfeiffer does not teach a system that is configured to detect at least one pulse width and/or at least one frequency of the one or more electromagnetic interference signals, and to filter and/or disregard the at least one pulse width and/or the at least one frequency from the at least one physiological signal. However, Sullivan teaches a passive physiological monitoring system that is configured to detect at least one pulse width (Col. 8, lines 22-23) and/or at least one frequency (Col. 8, line 23) of the one or more electromagnetic interference signals (Col. 1, lines 36-37), and to filter (Col. 6, line 58) and/or disregard (Col. 7, lines 60-64) the at least one pulse width and/or the at least one frequency from the at least one physiological signal.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pfeiffer to incorporate the teachings of Sullivan to include a system that is configured to detect at least one pulse width and/or at least one frequency of the one or more electromagnetic interference signals, and to filter and/or disregard the at least one pulse width and/or the at least one frequency from the at least one physiological signal. Doing so would ensure that EMI signals can be measured with at least one pulse width (time domain) or at least one frequency (frequency domain), in order to reduce noise interference signals from the aircraft, as recognized by Sullivan.
Regarding claim 25, Pfeiffer teaches a system (Fig. 1, paragraph 0024, line 3) according to claim 19, wherein the signal processing unit (Fig. 1, paragraph 0024, line 26) applies frequency-selective filtering to the at least one physiological signal (Fig. 2, paragraph 0036, line 2) by applying at least one Fourier-analysis, at least one autocorrelation, and/or at least one adaptive algorithm to the at least one physiological signal.
Pfeiffer does not teach a system that applies frequency-selective filtering to the at least one physiological signal by applying at least one Fourier-analysis, at least one autocorrelation, and/or at least one adaptive algorithm to the at least one physiological signal. However, Sullivan teaches a passive physiological monitoring system that applies frequency-selective filtering (Col. 6, line 58) to the at least one physiological signal by applying at least one Fourier-analysis (Col. 7, lines 16-18), at least one autocorrelation (Col. 8, line 25), and/or at least one adaptive algorithm (Col. 8, lines 62-63) to the at least one physiological signal.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pfeiffer to incorporate the teachings of Sullivan to have a system that applies frequency-selective filtering to the at least one physiological signal by applying at least one Fourier-analysis, at least one autocorrelation, and/or at least one adaptive algorithm to the at least one physiological signal. Doing so would ensure that the system has multiple methodologies of performing frequency-selective filtering on the detected physiological signals, in order to reduce noise interference signals from the aircraft, as recognized by Sullivan.
Regarding claim 26, Pfeiffer teaches a system (Fig. 1, paragraph 0024, line 3) according to claim 16, wherein the at least one detecting device (Fig. 1, paragraph 0024, lines 12-13) is configured to correct movement artifacts in the at least one physiological signal (Fig. 2, paragraph 0036, line 2) caused by movement present in the environment of the system by filtering and/or disregarding the movement artifacts in the at least one physiological signal.
Pfeiffer does not teach a system that is configured to correct movement artifacts in the at least one physiological signal caused by movement present in the environment of the system by filtering and/or disregarding the movement artifacts in the at least one physiological signal. However, Sullivan teaches a passive physiological monitoring system that is configured to correct (Col. 7, lines 52-53) movement artifacts (Col. 1, lines 42-43) in the at least one physiological signal caused by movement present in the environment (Col. 5, lines 54-56) of the system by filtering (Col. 6, line 58) and/or disregarding (Col. 7, lines 60-64) the movement artifacts in the at least one physiological signal.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pfeiffer to incorporate the teachings of Sullivan to include a system that is configured to correct movement artifacts in the at least one physiological signal caused by movement present in the environment of the system by filtering and/or disregarding the movement artifacts in the at least one physiological signal. Doing so would ensure that movement artifacts from the environment, such as vibrations, are not included in the at least one physiological signal, as recognized by Sullivan.
Regarding claim 27, Pfeiffer teaches a system (Fig. 1, paragraph 0024, line 3) according to claim 16, further comprising a shield configured to actively and/or passively shield at least portions of the system from interference signals which are present in the environment of the system. Pfeiffer does not teach a system comprising a shield that is configured to actively and/or passively shield at least portions of the system from interference signals. However, Sullivan teaches a passive physiological monitoring system that comprises a shield (Col. 7, lines 35-40) that is configured to actively (Col. 7, lines 53-54) and/or passively shield at least portions of the system from interference signals. It is also known in the art that PVDF (polyvinylidene fluoride) sheets, as discussed in Sullivan, can be used as a form of passive EMI shielding.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pfeiffer to incorporate the teachings of Sullivan to include a system that comprises a shield that is configured to actively and/or passively shield at least portions of the system from interference signals. Doing so would ensure that EMI signals are blocked as best as possible, and that the physiological signals are recorded as accurately as possible, as recognized by Sullivan.
Regarding claim 30, Pfeiffer teaches a system (Fig. 1, paragraph 0024, line 3) according to claim 29, wherein the evaluating device (Paragraph 0026, line 7) is a mobile device (Paragraph 0032, line 5) of the person, a wearable device (Paragraph 0032, line 5) of the person, a laptop (Paragraph 0032, line 5), a PC (Paragraph 0032, line 5), a tablet (Paragraph 0032, line 5), or an on-board entertainment system (Paragraph 0032, lines 6-8).
However, Pfeiffer teaches that the center-of-gravity signal 112a is supplied to a device 132 which could include a mobile device, a wearable device, a laptop, a PC, a tablet, or an on-board entertainment. Pfeiffer does not explicitly state that a physiological signal 112b could be supplied to a device. Because Pfeiffer discloses two types of output signals 112 (center-of-gravity signal 112a and physiological signal 112b), it would have been obvious to try supplying the physiological signal 112b to a further device 132, as is done with the center-of-gravity signal 112b, before the effective filing date of the claimed invention. Doing so would ensure that the physiological data can be transmitted to a variety of evaluating devices, as recognized by Pfeiffer.
Regarding claim 31, Pfeiffer teaches a system (Fig. 1, paragraph 0024, line 3) according to claim 30, wherein the evaluating device (Paragraph 0026, line 7) includes at least one display (Paragraph 0032, line 5) for displaying the at least one physiological
parameter (Paragraph 0032, lines 10-12).
However, Pfeiffer teaches that the center-of-gravity signal 112a is supplied to a device 132 that includes at least one display 132a. Pfeiffer does not explicitly state that a physiological signal 112b could be supplied to a device with a display. Because Pfeiffer discloses two types of output signals 112 (center-of-gravity signal 112a and physiological signal 112b), it would have been obvious to try supplying the physiological signal 112b to a further device 132 and display 132a, as is done with the center-of-gravity signal 112b, before the effective filing date of the claimed invention. Doing so would ensure that the physiological data can be transmitted to and displayed with an evaluating device, as recognized by Pfeiffer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: U.S. PGPub No. 2023/0024865, U.S. PGPub No. 2020/0334453, U.S. PGPub No. 2007/0156031, Japanese Patent No. 6,430,384, and Japanese Patent App. No. 2013-212311.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Heidi Hilsmier whose telephone number is (571)272-2984. The examiner can normally be reached Monday - Fridays from 7:30 AM - 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carl Layno can be reached at 571-272-4949. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/H.A.H./Patent Examiner, Art Unit 3796
/CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796