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 .
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.
Response to Amendment
Claims 1-3 and 6-15 are amended herein. Claims 4 and 5 are canceled herein. Claims 1-3 and 6-15 are under examination herein.
Response to Arguments
Applicant’s arguments, see Remarks, filed 05/27/2026, with respect to the rejection of claims 1, 14, and 15 under 35 U.S.C. 102(a)(2) as anticipated by Masaki (JP H0556942A) have been fully considered. Masaki does not explicitly teach the amended claim limitations explicitly. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Masaki under 35 U.S.C. 103 for an alternative interpretation of the art.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 10-11, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Masaki (JP H0556942A), herein after “Masaki”.
Regarding claims 1 and 14-15, “A biopotential measurement device comprising (Fig. 1): an amplifier configured to amplify a potential difference between a reference potential (pre-stage differential amplifier 1, inputs electrocardiogram signals, p.[0005-0009]) and a potential associated with an electrode, wherein the electrode is attached to a measurement target position of a biopotential (second stage main amplifier 2, multiplexer 3 that selects an output from main amplifier 2) and the electrode measures the potential (p.[0005-0009]);
and output an analog signal based on the amplified potential difference (second stage main amplifier 2, multiplexer 3 selects output from main amplifier 2);
an Analog-to-Digital (AD) converter configured to (AD converter 4, "AD conversion unit") execute an AD conversion on the analog signal and convert based on the execution of the AD conversion into a first digital signal (data processing unit 7) a reception signal obtainer configured to obtain a digital signal value based on the first digital signal; (p.[0005], "(p.[0005], "the calculating a multiplexer for sending to the a / D converter selects the output of the main amplifier, an a / D converter for converting the output of said multiplexer into digital data, the digitized data by the a / D converter configured to include a data processing unit, and a sample hold circuit for applying a D / a converter for outputting the corrected data processed by the processing unit to the inverting input of each 8CH of the correction main amplifier the output of") a calculation unit configured to set a setting value of an offset potential based on the digital signal value, wherein the offset potential is input to an input terminal of the amplifier, (data processing unit 7) and output a second digital signal indicating the setting value of the offset potential (D/A converting part 6, final correction output); a Digital-to-Analog (DA) converter configured to: execute a DA conversion on the second digital signal indicating the setting value and generate an analog potential based on the execution of the DA conversion (DA converter 6, ouputs correction data to data processing unit 7); a potential holder configured to hold the generated analog potential and apply the held analog potential to the input terminal of the amplifier (sample-and-hold circuit 5 applies output to inverting input of main amplifier 2, where data processed by data processing unit 7 is applied to the main amplifier 2 through one channel of sample and hold circuit 5 and DA converted 6 as a correction value e4, where the sample and hold circuit 5 is formed from an 8-channel hold capacity Cd, the potential holder); a switch between the DA converter and the potential holder (SW1-SW8); a controller (decoder) configured to: supply a control signal to the AD converter, wherein the execution of the AD conversion is based on the control signal (p.[0008]), and the digital signal value is obtained in a period associated with the control signal; supplying a switching signal to the switch (p.[0008]); and supplying a switching signal to the switch; and control based on the supplied switching signal, the switch to operate in a connected state of the switch in a period associated with the switching signal, wherein the period associated with the switching signal is different from the period associated with the control signal, and the connected state of the switch is different from a separated state of the switch”. Masaki does not explicitly teach a period of time for switching signals, but it is the Examiner's position that the system is capable of changing the switch from a connected to unconnected state. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to switch the signal switches and produces predictable results of turning the AD converter on and off as desired.
Regarding claim 14 specifically, the method described would have been inherently performed by claim 1 above. Therefore, see the rejection of claim 1 above for the rejection of claim 14.
Regarding claims 10-11, the limitations of claim 1 are taught as described above. Masaki does not teach “a plurality of amplifiers, a plurality of potential holders, and a plurality of switches in correspondence to a plurality of signals, wherein the plurality of signals indicate results of measurements of a plurality of biological potentials, the plurality of biological potentials is associated with a plurality of measurement target potentials, the plurality of biological potentials includes the biopotential, the plurality of measurement target positions includes the measurement target position, the plurality of amplifiers includes the amplifier, the plurality of potential holders include the potential holder, and the plurality of switches includes the switch” and “wherein the controller is further configured to: supply a plurality of switching signals to the plurality of switches; and control based on the plurality of switching signals, the plurality of switches to operate in a connected state of the plurality of switches in a plurality of periods associated with the plurality of switching signals, the plurality of switching signals includes the switching signal, the plurality of periods includes the period associated with the switching signal, and each period of the plurality of periods is different from the period associated with the control signal”. It would have been obvious to one of ordinary skill in the art at the time the invention was made to include a plurality of positions, amplifiers, potential holders, and switches since it has been held that mere duplication of essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Masaki in view of Yoshihiro (JP H0556942A), herein after “Yoshihiro”.
Regarding claims 2-3, the limitations of claim 1 are taught as described above. Masaki does not teach “a threshold determiner that compares the signal level of the digital signal after the AD conversion with a threshold, wherein the calculation unit sets the setting value according to a result of the comparison between the signal level and the threshold” or “further comprising: a threshold holder that holds the threshold”, but Yoshihiro does in an analogous electrosurgical device. Yoshihiro does in particular, page 3, upper right column, line 12 to lower left column, line 6, and fig.1-2) describes determining whether an output voltage VAzı converted by and output from an A/D converter 12 exceeds an allowable error voltage range ±Vemax, calculating, when the allowable error voltage range ±Vemax is exceeded, correction data for generating a correction voltage Vp sufficient for a measurement value VAzı to fall within the allowable error voltage range ±Vemax on the basis of design data that is stored in advance, and outputting the correction data to a second D/A converter 16.
The invention disclosed in Masaki and the invention disclosed in Yoshihiro belong to the same technical field in terms of determining a correction value on the basis of data output from an amplifier, and being a circuit that applies the correction value to the inverting input of the amplifier. Therefore, a person skilled in the art before the effective filing date of the claimed invention could easily conceive of applying the feature disclosed in Yoshihiro to the invention disclosed in Masaki and produce predictable results of corrected data.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Masaki in view of Dempsey (US 2017/035907).
Regarding claim 6, the limitations of claim 1 are taught as described above. Masaki does not teach "wherein the controller is further configured to control the switch to operate in the separated state of the switch subsequent to an update of the analog potential held by the potential holder", but Dempsey does in an analogous analog converter device. Dempsey teaches "wherein the controller is further configured to control the switch to operate in the separated state of the switch subsequent to an update of the analog potential held by the potential holder (p.[0008,0010]) ". It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the analog controller of Dempsey in Masaki. As stated in Dempsey, using "switched, auto-zero amplifier technique may also be used to improve amplifier precision," (p.[0008]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Masaki in view of Baumgartner (US Patent No. 5,467,090), herein after “Baumgartner”.
Regarding claim 7, the limitations of claim 1 are taught as described above. Masaki does not teach the limitation "wherein the AD converter is further configured to output, based on the execution of the AD conversion, the first digital signal at a specific cycle associated with an AD conversion sampling frequency of the AD converter" however Baumgartner does in an analogous analog-digital converter. Baumgartner teaches "wherein the AD converter is further configured to output, based on the execution of the AD conversion, the first digital signal at a specific cycle associated with an AD conversion sampling frequency of the AD converter (claim 10)". It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the system of Baumgartner in Masaki. It is known in the art to use signal conditioning and produces predictable results of conditioned signals for ascertaining data from.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Masaki in view of Baumgartner and Dempsey.
Regarding claim 8, the limitations of claim 7 are taught as described above. Masaki nor Baumgartner do not teach "wherein the controller is further configured to control, based on the switching signal, the switch at a specific cycle", but Dempsey does in an analogous analog converter device. Dempsey teaches "wherein the controller is further configured to control, based on the switching signal, the switch at a specific cycle (p.[0008,0010]) ". It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the analog controller of Dempsey in Masaki. As stated in Dempsey, using "switched, auto-zero amplifier technique may also be used to improve amplifier precision," (p.[0008]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Masaki in view of Baumgartner and Dempsey, in further view of Ori (US Patent No. 9,949,663 B1).
Regarding claim 9, the limitations of claim 8 are taught as described above. Neither Masaki nor Baumgartner nor Dempsey explicitly teaches "wherein the specific cycle varies based on the AD conversion sampling frequency of the AD converter" but Ori does in an analogous analog digital conversion device. Ori teaches "wherein the specific cycle varies based on the AD conversion sampling frequency of the AD converter (col. 25, lines 19-63)." It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a specific cycle based on the AD conversion sampling frequency as taught in Ori. It is known in the art to use the known frequency of the AD converter in order to generate the desired signal and produces predictable results of producing filtered signals for use in data management.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Masaki in view of Brockway (US 2022/0054090), herein after “Brockway”.
Regarding claim 12, the limitations of claim 11 are taught as described above. Masaki does not explicitly teach "wherein a first period of the plurality of periods is different from a second period of the plurality of periods", but Brockway does in an analogous electrosurgical device. Brockway teaches that the use a first period for stimulation and a second period for reducing interference in p.[0016,0019,0077,0079,0085]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the system of Brockway in Masaki. The use of distinct first and second periods of times of activation for the device allows for the device to limit intereference and produces predictable results of less noisy signals.
Claim 13 is rejected under 35 U.S.C. 103 as unpatentable over Masaki in view of Zalev (US 2019/0266725), herein after “Zalev”.
Regarding claim 13, the limitations of claim 11 are taught as described above. Masaki does not teach "wherein the controller is further configured to control the plurality of switches in synchronization" but Zalev does in an analogous electrosurgical device. Zalev teaches "wherein the controller is further configured to control the plurality of switches in synchronization (p.[0483])". It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the system of Zalev in Masaki. Using the synchronization of switches "prevents electrical noise from affecting the data acquisition" and produces predictable results of improving signal quality.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Abigail M Bock whose telephone number is (571)272-8856. The examiner can normally be reached M-F 7:30am - 5:00pm.
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, Linda Dvorak can be reached at 5712724764. 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.
/ABIGAIL BOCK/Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
Prosecution Insights