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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-10, in the reply filed on 04 August 2026 is acknowledged.
Information Disclosure Statement
The 21-page information disclosure statement (IDS) submitted on 06 June 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. References that were lined through were not considered as no copies of the references were provided.
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 8 is 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. Claim 8 is drawn to a device, but recites a method step. This renders the claim indefinite. It is unclear what further limitation claim 8 provides to the claimed invention by reciting that the source of positive pressure is adjusted manually. For this examination, the claim is being interpreted such that the source of positive pressure is configured to be or capable of being adjusted manually.
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.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al.’082 (US Pub No. 2012/0215082) in view of Shin et al.’041 (US Pub No. 2006/0253041).
Regarding claim 1, Figure 2 of Chen et al.’082 discloses a cuff 18 for measuring arterial blood pressure (section [0030]), the cuff comprising: an interior surface configured to be secured around the limb (sections [0018], [0020]; and see interior surface 22 of Figure 1); a bladder configured to be fluidly coupled to a source of positive pressure (sections [0020], [0026]: inflatable cuff 18 is a bladder, and it is connected via inflation line 20 to a source of positive pressure), and adapted to inflate in response to application of a positive pressure and restrict blood flow through the arteries of the limb when inflated (sections [0028], [0032]); and a blood flow sensor coupled to the interior surface and disposed between the interior surface and the limb (see Figures 1, 5, 6, and 7 - sensor 14), the blood flow sensor configured to monitor blood flow through the arteries of the limb (sections [0019], [0032-0033]).
Chen et al.’082 discloses all of the elements of the current invention, as discussed above, except for the blood flow sensor being configured to measure blood flow through the arteries of the limb. Shin et al.’041 teaches using measurements from a blood flow sensor within a blood pressure cuff to improve the signal to noise ratio of a signal measured by a blood pressure sensor (section [0045]). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the cuff of Chen et al.’082 such that its blood flow sensor also measures blood flow through the arteries of the limb, as Shin et al.’041 teaches that the blood flow measurements could be used to improve the signal to noise ratio of the blood pressure sensor of Chen et al.’082 (Chen et al.’082 includes a blood pressure sensor for measuring blood pressure (sections [0026], [0030])).
Regarding claim 2, Chen et al.’082 discloses that the blood flow sensor is a PPG sensor having an LED and a photodiode (sections [0019], [0021]).
Regarding claim 3, Chen et al.’082 discloses that the PPG sensor operates in an absorptive mode (section [0019]). Official notice is being taken that for the PPG sensor to operate in an absorptive mode, the LED and photodiode would need to be disposed on opposite sides of the interior surface of the cuff.
Regarding claim 4, Chen et al.’082 discloses that the PPG sensor operates in a reflectance mode (section [0019]). Official notice is being taken that for the PPG sensor to operate in a reflectance mode, the LED and photodiode would need to be aligned on one side of the interior surface of the cuff.
Regarding claim 5, Chen et al.’082 discloses that the PPG sensor is configured to measure an oxygen level of blood in the limb (section [0020]).
Regarding claim 6, Chen et al.’082 discloses that the blood flow sensor is an optical sensor having an LED and a photodiode (sections [0019], [0021]).
Regarding claim 7, Chen et al.’082 discloses that the optical sensor operates in a reflectance mode (section [0019]). Official notice is being taken that for the PPG sensor to operate in a reflectance mode, the LED and photodiode would need to be aligned on one side of the interior surface of the cuff.
Regarding claim 8, Chen et al.’082 discloses that the source of positive pressure can be adjusted manually (section [0020]).
Regarding claim 9, Chen et al.’082 discloses that the blood flow sensor is communicatively coupled to a controller, the controller being configured to receive signals from the blood flow sensor (section [0025]: controller 26).
Regarding claim 10, Chen et al.’082 discloses that the controller is communicatively coupled to the source of positive pressure and adjusts the source of positive pressure in response to the signals received from the blood flow sensor (sections [0026], [0033], [0035]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
LaPlante et al.’059 (US Pub No. 2008/0183059 – cited by Applicant) discloses a cuff for measuring blood flow through arteries of a limb, the cuff comprising each of the elements recited in claim 1 (see Figure 1).
Su et al.’690 (US Pub No. 2015/0257690) teaches a controller communicatively coupled to a source of positive pressure, wherein the controller is configured to adjust a source of positive pressure in response to signals received from a blood flow sensor. The controller is configured to adjust the source of positive pressure in response to the blood flow sensor signals in order to trigger cuff measurements via a blood pressure sensor within the cuff at appropriate times (section [0047]).
Each of the following references provides evidence that it is well known in the art to use a PPG sensor to measure blood flow:
LaPlante et al.’059 (sections [0036], [0040]);
Knickerbocker et al.’153 (US Pub No. 2018/0078153 – section [0025]);
Khachaturian et al.’478 (US Pub No. 2018/0235478 – section [0093]);
Freeman et al.’147 (US Pub No. 2018/0272147 – section [0081]).
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/ETSUB D BERHANU/Primary Examiner, Art Unit 3791
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