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 .
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.
Claims 2-6 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. Specially claims 2 & 5, do not further define the structural elements after the phrase “the medical simulator). These claims are drafted to the intended use of the claims. All other claims are rejected due to their dependencies.
Claim Rejections - 35 USC § 102
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.
(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) 1-6 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shibui et al. (U.S. Publication Number 2010/0003657).
Referring to claims 1, Shibui et al. discloses a medical simulator for use in a practical training of a medical action (medical training apparatus), the medical simulator comprising, a robot body formed by imitating a whole body of a human being as a patient (2), the medical simulator being configured to, when a trainee performs a simulated medical action on the robot body, selectively reproduce, by the robot body, a reaction and a motion of the patient that are expected to occur before a start of, in a middle of, and after an end of a real medical action (Figs. 1, 15a, 16a, 20 & 25).
Referring to claim 2, Shibui et al. discloses wherein the reaction and the
motion that are reproduced by the robot body include a rejecting motion of flapping hands and legs of the robot body, an abnormal reaction of making the robot body convulse, and eyeball movements and pupil abnormalities of left and right eyes of the robot body (Figs. 5-13, 15b, 17b,18b, 18c, 19, 20 & 25).
Referring to claim 3, Shibui et al. discloses wherein a liquid crystal display
element configured to display an image of an eyeball of an eye is attached to each of the left and right eyes, and the liquid crystal display element is curved in an arc shape such that a center portion in a width direction of the eye becomes convex toward a front side (Figs. 1, 2, 19 & 26).
Referring to claim 4, Shibui et al. discloses wherein the robot body is provided with driving means configured to drive at least each of a head part, hands, and legs of the robot body, and an air cylinder is used for the driving means (Figs. 1, 3, 4, 14, 15a).
Referring to claim 5, Shibui et al. discloses further comprising instruction means configured to instruct, from an outside of the robot body, the reaction and the motion that are reproduced by the robot body (Figs. 1, 2, 3, 4, 14, 15a & 27).
Referring to claim 6, Shibui et al. discloses wherein the robot body is formed by imitating a body shape of an infant of five or six years old (2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KESHA FRISBY whose telephone number is (571)272-8774. The examiner can normally be reached Monday-Friday 730AM-4PM.
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, Xuan Thai can be reached at 571-272-7147. 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.
/KESHA FRISBY/Primary Examiner, Art Unit 3715
Prosecution Insights