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 1-20 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.
The term “current moment” in claims 1 and 17 are a relative term which renders the claim indefinite. The term “current moment” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For purposes of examination the indefinite limitation has been deemed to claim an exact time in which the measurement it taken.
The term “a same pressurization mode” in claims 1 and 17 are a relative term which renders the claim indefinite. The term “a same pressurization mode” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Both that entails as “pressurization mode” and what is “same” about the pressurization mode are not defined. For purposes of examination the indefinite limitation has been deemed to claim any aspect of the act of pressurizing an element of the device, or the steps leading up to this pressurizations.
The term “ineffective” in claim 2 is a relative term which renders the claim indefinite. The term “ineffective” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Regarding Claim 9, a third and fourth threshold are introduced without being called a third heart rate threshold and/or a second heart rate threshold, as set forth in previous claims with respect to the first and second heart rates. The inconsistent name create ambiguity as to whether they are the same kind of heart rate threshold. For purposes of examination the indefinite limitation has been deemed to claim that the third and froth thresholds are heart rate thresholds.
Regarding Claim 11, a “second included angle” is introduced without a first included angle being first introduced. For purposes of examination the indefinite limitation has been deemed to claim that there is also a first included angle.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1, 5-9 and 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20170293727 A1 in view of Klaassen et al. (hereinafter, Klaassen) in view of US US 20180085058 A1 to Chakravarthi et al. (hereinafter, Chakravarthi).
Regarding Claim 1, Klaassen discloses an apparatus for blood pressure measurement, comprising inter alia:
at least one processor and one or more memories coupled to the at least one processor and storing programming instructions for execution by the at least one processor to ([0076] “The computing device 1300 can include a memory interface 1302, one or more data processors, image processors and/or central processing units 1304, and a peripherals interface 1306.”):
a blood pressure sensor (heart rate sensor 126);
a blood pressure measurement device ([0034] “Blood pressure measurement device 130 can be a standard blood pressure measurement device (e.g., an inflatable cuff and/or pressure sensor). Blood pressure measurement device 130 can be used by the user to measure the user's heart rate as well.”)
determine a heart rate of a user based on the PPG sensor ([0041] “blood pressure monitor 122 can take a heart rate measurement at or near the time of a blood pressure measurement using heart rate sensor 126 of wearable device 120”);
if the heart rate of the user is greater than a first heart rate threshold ([0043] “Blood pressure monitor 122 can monitor the user's heart rate and prompt the user to take a blood pressure measurement when the user's heart rate is high (e.g., above a high threshold value)”), display a first user interface, wherein the first user interface is used to prompt the user to measure blood pressure ([0043] “When blood pressure monitor 112 determines that the user should take a blood pressure measurement, blood pressure monitor 112 can present notification 302 prompting the user to take a blood pressure measurement.”);
in response to a detected first operation performed on the first user interface, control the micropump to perform a first measurement operation on the airbag, wherein the first measurement operation measures the blood pressure ([0036] “the user can select graphical element 404 (e.g., a start button) to cause blood pressure measurement device 130 to take the blood pressure measurement”);
if the heart rate of the user is less than a second heart rate threshold ([0043] “Blood pressure monitor 122 can monitor the user's heart rate and prompt the user to take a blood pressure measurement when the user's heart rate is … low (e.g., below a low threshold value).”), determine whether a current moment is in a first time range ([0027] “it may be sufficient to measure the user's blood pressure within a 10 minute window (e.g., T-5 minutes to T+5 minutes)”) ([0025] “blood pressure monitor 112 can determine whether the user's context at or near a scheduled time is appropriate for the blood pressure measurement”), wherein the second heart rate threshold is less than or equal to the first heart rate threshold (e.g., above or below the threshold value); and
if the current moment is in the first time range (e.g., in the time window or appropriate time), control the blood pressure measurement device to perform a second measurement operation on the cuff, wherein the second measurement operation measures the blood pressure ([0043] “When blood pressure monitor 112 determines that the user should take a blood pressure measurement, blood pressure monitor 112 can present notification 302 prompting the user to take a blood pressure measurement.”), wherein
a same pressurization mode is used for the first measurement operation and the second measurement operation (e.g., the “same” pressurization mode is used, because the inflation of the cuff is started in the same manner when the heart rate is above and below a threshold).
Klaassen discloses the claimed invention as set forth and cited above except for expressly disclosing where the blood pressure sensor is a photoplethysmography (PPG) sensor and where the blood pressure measurement and cuff device is a micropump and an airbag. However, Chakravarthi teaches a wearable device that includes a PPG sensor [0009] a micropump for facilitating inflation and deflation of an airbag for determining the blood pressure of the individual wearing the device [0008]. One having an ordinary skill in the art at the time the invention was filed would have found it obvious to modify the blood pressure sensor and the blood pressure measurement and cuff device to be the PPG sensor, micro pump and airbag of Chakravarthi, as Chakravarthi teaches that the problem in the prior art is that they do not offer real time analytics and require an individual to go to a medical facility [0004] and that completely wearable devices would have allowed a portable, light, reliable and effective way to monitor health parameters [0007]. Therefore, Chakravarthi overcomes the many disadvantages of the more bulky device of Klaassen.
Regarding Claim 5, Klaassen in view of Chakravarthi teach the apparatus according to claim 1, wherein the programming instructions are for execution by the at least one processor to control the micropump to perform the second measurement operation on the airbag, when the heart rate of the user is less than the second heart rate threshold, the current moment is in the first time range, and duration in which the heart rate of the user is less than the second heart rate threshold is greater than first preset duration, wherein the second measurement operation measures the blood pressure (Klaassen [0032] “when blood pressure monitor 112 does not detect user stress period 208 for at least a threshold period of time (e.g., corresponding to the aforementioned rest period) before time ‘T’, blood pressure monitor 112 can present the blood pressure measurement reminder at time ‘T’ as scheduled”, “the rest period can be a period of time determined empirically and configured in blood pressure monitor 112”) (Klaassen [0060] “ suggesting that the user take a blood pressure measurement before time ‘T’, at time ‘T’, or after time ‘T’”).
Regarding Claims 6 and 7, Klaassen in view of Chakravarthi teach the apparatus according to claim 1, wherein the programming instructions are for execution by the at least one processor to: if the heart rate of the user is greater than the first heart rate threshold, the current moment is in the first time range (Klaassen [0043] “ prompt the user to take a blood pressure measurement when the user's heart rate is high (e.g., above a high threshold value)”), and the current moment is in a first preset time period, display the first user interface, wherein the first user interface is used to prompt the user to measure the blood pressure (Klaassen [0057] “schedule a window of time during which the user device should remind the user to take a blood pressure measurement”) (Klaassen [0027] “within a 10 minute window (e.g., T-5 minutes to T+5 minutes)”); and in response to the detected first operation performed on the first user interface, control the micropump to perform the first measurement operation on the airbag (Klaassen [0036] “the user can select graphical element 404 (e.g., a start button) to cause blood pressure measurement device 130 to take the blood pressure measurement”).
Regarding Claim 8, Klaassen in view of Chakravarthi teach the apparatus according to claim 1, wherein the programming instructions are for execution by the at least one processor to: if the heart rate of the user is greater than the first heart rate threshold, the current moment is in the first time range, and duration in which the heart rate of the user is greater than the first heart rate threshold is less than second preset duration, skip performing blood pressure measurement on the user (Klaassen [0032] “when blood pressure monitor 112 does not detect user stress period 208 for at least a threshold period of time (e.g., corresponding to the aforementioned rest period) before time ‘T’, blood pressure monitor 112 can present the blood pressure measurement reminder at time ‘T’ as scheduled”) (Klaassen [0031] “blood pressure monitor 112 can delay the blood pressure measurement reminder notification or suggest that the user wait to measure the user's blood pressure until a time after time ‘T’ but within window 206 to give the user a chance to relax and reach a resting state”).
Regarding Claim 9, Klaassen in view of Chakravarthi teach the apparatus according to claim 1, wherein the programming instructions are for execution by the at least one processor to: if the heart rate of the user is greater than a third threshold and less than a fourth threshold, skip performing blood pressure measurement on the user, wherein the third threshold is greater than or equal to the second heart rate threshold, and the fourth threshold is less than or equal to the first heart rate threshold (Klaassen [0032] “when blood pressure monitor 112 does not detect user stress period 208 for at least a threshold period of time (e.g., corresponding to the aforementioned rest period) before time ‘T’, blood pressure monitor 112 can present the blood pressure measurement reminder at time ‘T’ as scheduled”) (Klaassen [0031] “blood pressure monitor 112 can delay the blood pressure measurement reminder notification or suggest that the user wait to measure the user's blood pressure until a time after time ‘T’ but within window 206 to give the user a chance to relax and reach a resting state”).
Regarding Claim 13, Klaassen in view of Chakravarthi teach the apparatus according to claim 1, wherein the first time range is determined: based on time range information input by the user in a fourth user interface (Klaassen [0023] “the user of user device 110 can manually enter prescription information (e.g., using an graphical user interface, form, etc.)”) (Klaassen [0050] “ the user of user device 110 can manually enter prescription information (e.g., using an graphical user interface, form, etc.)”).
Regarding Claim 14, Klaassen in view of Chakravarthi teach the apparatus according to claim 6, wherein the second time range is determined: based on time range information input by the user in a fourth user interface (Klaassen [0050] “The number of blood pressure measurements and/or the time period can be user-configurable values”) (Klaassen [0023] “the user of user device 110 can manually enter prescription information (e.g., using an graphical user interface, form, etc.)”).
Regarding Claim 15, Klaassen in view of Chakravarthi teach the apparatus according to claim 6, wherein the first preset time period is determined: based on a work and rest habit of the user, or based on time range information input by the user in a fourth user interface (Klaassen [0023] “the user of user device 110 can manually enter prescription information (e.g., using an graphical user interface, form, etc.)”) (Klaassen [0050] “ the user of user device 110 can manually enter prescription information (e.g., using an graphical user interface, form, etc.)”).
Regarding Claim 16, Klaassen in view of Chakravarthi teach the apparatus according to claim 7, wherein the second preset time period is determined: based on a work and rest habit of the user, or based on time range information input by the user in a fourth user interface (Klaassen [0050] “The number of blood pressure measurements and/or the time period can be user-configurable values”) (Klaassen [0023] “ the user of user device 110 can manually enter prescription information (e.g., using an graphical user interface, form, etc.)”).
Allowable Subject Matter
Claim 2-4, 10-12 and 18-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 2-4, 10-12 and 18-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN PATRICK DOUGHERTY whose telephone number is (571)270-5044. The examiner can normally be reached 8am-5pm (Pacific Time).
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/SEAN P DOUGHERTY/ Primary Examiner, Art Unit 3791
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