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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 5-25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11234651. Although the claims at issue are not identical, they are not patentably distinct from each other because both the current application and the US Patent claim processor configured to determine physiological information based on the BCG or weight signal.
Claims 5-25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-27 of U.S. Patent No. 12036044. Although the claims at issue are not identical, they are not patentably distinct from each other because both the current application and the US Patent claim a seat supportable on a surface of a base, the seat including a plurality of standoffs disposed on a bottom side of the seat and configured to rest on the surface of the base; a plurality of force sensors including a force sensor disposed at each of the plurality of standoffs, the plurality of force sensors configured to generate one or more signals based on changes in loads applied by a subject seated to a top side of the seat; a coupler configured to couple the seat to the base in a non-load bearing configuration such that a majority of the loads applied by the subject are transferred to the base via the plurality of standoffs, the coupler configured to allow the seat to move vertically relative to the base while preventing the seat from moving horizontally relative to the base.
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.
Claim(s) 5-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by de Canecaude (US 4697656), cited in IDS.
Regarding claim 5, de Canecaude discloses a seat 4 supportable on a surface of a base 11 (Fig. 2, column 2 lines 25-27, the arrangement of measurement sensors integrated in seat. Said sensors rest on upper edge of bowl), the seat including a plurality of standoffs 1-3 disposed on a bottom side of the seat and configured to rest on the surface of the base 11 the plurality of standoffs 1-3 including a first set of standoffs 1 disposed on a front side of the seat and a second set of standoffs 2-3 disposed on a backside of the seat (Figs. 1-2, column 2 lines 11-16, 25-27, placed in a triangular resting on the upper edge of bowl; the arrangement of measurement sensors integrated in seat. Said sensors rest on upper edge of bowl;); a plurality of force sensors 1-3 including a force sensor disposed at each of the plurality of standoffs (Figs. 1-2, standoffs are integrated as the force sensors), the plurality of force sensors configured to generate one or more signals based on changes in loads applied by a subject seated to a top side of the seat 4 (Figs. 1-2, column 2 lines 11-16, three force sensors placed in a triangular resting on the upper edge of bowl. Said sensors are integrated in seat and connected by electric conductors to an electronic unit 6 fed by an electronic supply provided by a battery; said unit further comprises a means for formatting measurement signals delivered by the sensors transmitting the total weight to a digital display means placed on an extension of the front of seat); and a coupler 12, 57 configured to couple the seat 4 to the base 11 in a non-load bearing configuration such that a majority of the loads applied by the subject are transferred to the base via the plurality of standoffs 1-3 (Figs. 1, 9, column 4 lines 2-3, a seat and a cover hinged on a support fastened to a bowl), the coupler including an elongated slot configured to allow the seat to move vertically relative to the base while preventing the seat from moving horizontally relative to the base 11 (abstract, column 2 lines 27-30, the hinge along the XX axis comprises an oblong hole to avoid affecting the measurement. Seat is hinged at the back along axis XX, or in an oblong opening, or in a hole exhibiting sufficient play so as not to introduce stray stresses during the measurement).
Regarding claim 6, de Canecaude discloses a seat cover 55, the coupler further being configured to couple the seat cover to the seat and the base (Fig. 9, column 3 lines 52-55, cover comprising an elastic hinge fastened to the back of hinge to make it independent of the seat and avoid disturbing the measurement of the weight).
Regarding claim 7, de Canecaude discloses each force sensor of the plurality of force sensors is configured to independently generate a signal based on a change measured by that sensor in the loads applied by the subject (Column 2 lines 12-20, three force sensors placed in a triangular resting on the upper edge of bowl. Said sensors are integrated in seat and connected by electric conductors to an electronic unit fed by an electronic supply provided by a battery; said unit further comprises a means for formatting measurement signals delivered by the sensors transmitting the total weight to a digital display means placed on an extension of the front of seat).
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.
Claim(s) 8-13, 23-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over de Canecaude (US 4697656) in view of Seo et al (US 20140039330), both cited in IDS.
Regarding claim 8, de Canecaude discloses the invention substantially as claimed however does not show a processor operatively coupled to the plurality of force sensors, the processor configured to: receive the one or more signals from the plurality of force sensors; generate a ballistocardiogram (BCG) or weight signal over time of the subject based on the one or more signals; and determine physiological information of the subject based at least on the BCG or weight signal.
Seo discloses a processor operatively coupled to the plurality of force sensors, the processor configured to: receive the one or more signals from the plurality of force sensors; generate a ballistocardiogram (BCG) or weight signal over time of the subject based on the one or more signals; and determine physiological information of the subject based at least on the BCG or weight signal (section 0019-0021, The heart rate sensors may include ballistocardiogram (BCG) sensors. The BCG sensors may be individually provided on the seat back and on the seat cushion. The BCG sensors may be configured such that a plurality of BCG sensors are provided, and the control unit may derive a plurality of waveforms related to the BCG for respective BCG sensors, compare a magnitude of an I-J signal with a magnitude of a noise signal for each waveform, and select a waveform, in which a magnitude of an I-J signal is seven times or more as large as that of a noise signal, as a representative BCG waveform). This allows for sensing and determining of physiological information based off sensor data of the subject. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to modify the device of de Canecaude by adding BCG sensors as taught by Seo in order to facilitate proper sensing and determining of physiological information based off sensor data of the subject.
Regarding claim 9, de Canecaude discloses the invention substantially as claimed however does not show the physiological information includes at least one of: a stroke volume associated with one or more heartbeats of the subject, a pulse transit time associated with one or more heartbeats of the subject, a pulse wave velocity associated with one or more heartbeats of the subject, or blood pressure.
Seo discloses the physiological information includes at least one of: a stroke volume associated with one or more heartbeats of the subject, a pulse transit time associated with one or more heartbeats of the subject, a pulse wave velocity associated with one or more heartbeats of the subject, or blood pressure (section 0050, signals are synchronized with one another according to a specific time difference. The degree of the time difference is influenced by various physiological variables, such as the elasticity of a blood vessel or a blood pressure). This allows for proper detection of physiological information to be processed and used with the seat apparatus.
Regarding claim 10, de Canecaude discloses the invention substantially as claimed however does not show determine a posture of the subject seated to the top side of the seat, the processor configured to determine the physiological information of the subject based on the BCG or weight signal and the posture.
Seo discloses determine a posture of the subject seated to the top side of the seat, the processor configured to determine the physiological information of the subject based on the BCG or weight signal and the posture (section 0070, The output waveform of the BCG may vary according to the state of contact between the examinee and the surfaces of the sensors because the angles between a blood vessel and the BCG sensors differ according to the posture of a user. Four or more BCG sensors are disposed in the hip contact portion, so that signals can be obtained in accordance with variations in the posture of the examinee, differences in the location of contact attributable to the center of gravity of the body of the examinee, etc. In the case of each BCG signal, the magnitude of an I-J signal is compared with a noise level, so that BCG signals in which the magnitude of an I-J signal is seven times or more as large as a noise level are defined as high-quality signals, and an optimal BCG signal is selected from among the high-quality signals). This allows for sensing and determining of physiological information based off sensor data of the subject. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to modify the device of de Canecaude by adding BCG sensors as taught by Seo in order to facilitate proper sensing and determining of physiological information based off sensor data of the subject.
Regarding claim 11, de Canecaude discloses the invention substantially as claimed however does not show transforming the BCG or weight signal based on the posture; extracting one or more features from the BCG or weight signal after transforming the BCG or weight signal; and determining the physiological information based on the one or more features extracted from the BCG or weight signal.
Seo discloses transforming the BCG or weight signal based on the posture (section 0070, The output waveform of the BCG may vary according to the state of contact between the examinee and the surfaces of the sensors because the angles between a blood vessel and the BCG sensors differ according to the posture of a user. Four or more BCG sensors are disposed in the hip contact portion, so that signals can be obtained in accordance with variations in the posture of the examinee, differences in the location of contact attributable to the center of gravity of the body of the examinee, etc. In the case of each BCG signal, the magnitude of an I-J signal is compared with a noise level, so that BCG signals in which the magnitude of an I-J signal is seven times or more as large as a noise level are defined as high-quality signals, and an optimal BCG signal is selected from among the high-quality signals); extracting one or more features from the BCG or weight signal after transforming the BCG or weight signal; and determining the physiological information based on the one or more features extracted from the BCG or weight signal (section 0019-0021, The heart rate sensors may include ballistocardiogram (BCG) sensors. The BCG sensors may be individually provided on the seat back and on the seat cushion. The BCG sensors may be configured such that a plurality of BCG sensors are provided, and the control unit may derive a plurality of waveforms related to the BCG for respective BCG sensors, compare a magnitude of an I-J signal with a magnitude of a noise signal for each waveform, and select a waveform, in which a magnitude of an I-J signal is seven times or more as large as that of a noise signal, as a representative BCG waveform). This allows for sensing and determining of physiological information based off sensor data of the subject. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to modify the device of de Canecaude by adding BCG sensors as taught by Seo in order to facilitate proper sensing and determining of physiological information based off sensor data of the subject.
Regarding claim 12, de Canecaude discloses the invention substantially as claimed however does not show the processor is further configured to: receive a signal representing an electrocardiogram (ECG) of the subject, the processor configured to determine the physiological information of the subject based on the BCG or weight signal and the ECG signal.
Seo discloses the processor is further configured to: receive a signal representing an electrocardiogram (ECG) of the subject, the processor configured to determine the physiological information of the subject based on the BCG or weight signal and the ECG signal (Section 0061, the heart rate sensors may include ECG sensors. The ECG sensors may be provided such that respective pairs of ECG sensors are provided on the seat back and the seat cushion, and the control unit configures a plurality of ECG measurement circuit leads by combining the plurality of ECG sensors, thus deriving a plurality of waveforms related to the ECG). This allows for sensing and determining of physiological information based off sensor data of the subject. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to modify the device of de Canecaude by adding BCG sensors as taught by Seo in order to facilitate proper sensing and determining of physiological information based off sensor data of the subject.
Regarding claim 13, de Canecaude discloses the invention substantially as claimed however does not show the processor is configured to determine the physiological information by: identifying, based on the ECG signal, a window in the BCG or weight signal containing a feature that is associated with an opening of an aortic valve of the subject; and determining the physiological information based on a timing of the opening of the aortic valve.
Seo discloses the processor is configured to determine the physiological information by: identifying, based on the ECG signal, a window in the BCG or weight signal containing a feature that is associated with an opening of an aortic valve of the subject (section 0077, detect the period of the heart rate or analyze cardiac diseases by extracorporeally measuring sounds caused by vibrations occurring when the valves of the heart open and close. While the heart squeezes and pumps blood throughout the entire body when the mitral valve closes and the aortic valve opens, a first cardiac sound is generated. While new blood is coming into the left ventricle when the arterial blood flows out of the heart and then the mitral valve opens and the aortic valve closes, a second cardiac sound is generated); and determining the physiological information based on a timing of the opening of the aortic valve (sections 0073, 0077, the heart rate sensors may include PCG sensors. The PCG denotes a phonocardiogram, which is used to detect the period of the heart rate or analyze cardiac diseases by extracorporeally measuring sounds caused by vibrations occurring when the valves of the heart open and close). This allows for proper sensing and determining of physiological information based off sensor data of the subject. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to modify the device of de Canecaude by adding BCG sensors as taught by Seo in order to facilitate proper sensing and determining of physiological information based off sensor data of the subject.
Regarding claim 23, de Canecaude discloses a seat 4 supportable on a surface 11 of a base (Fig. 2, column 2 lines 25-27, the arrangement of measurement sensors integrated in seat. Said sensors rest on upper edge of bowl); a plurality of force sensors 1-3 configured to generate one or more signals based on changes in loads applied by a subject seated to the seat (Figs. 1-2, column 2 lines 11-16, three force sensors placed in a triangular resting on the upper edge of bowl. Said sensors are integrated in seat and connected by electric conductors to an electronic unit 6 fed by an electronic supply provided by a battery; said unit further comprises a means for formatting measurement signals delivered by the sensors transmitting the total weight to a digital display means placed on an extension of the front of seat); a coupler 12, 57 configured to couple the seat 4 to the base such that the seat can move relative to the base 11 (Figs. 1, 9, abstract, column 2 lines 27-30,column 4 lines 2-3, the hinge along the XX axis comprises an oblong hole to avoid affecting the measurement. Seat is hinged at the back along axis XX, or in an oblong opening, or in a hole exhibiting sufficient play so as not to introduce stray stresses during the measurement, a seat and a cover hinged on a support fastened to a bowl); and a processor operatively coupled to the plurality of force sensors 1-3, the processor configured to: receive information indicative of the one or more signals from the plurality of force sensors (Figs. 1-2, column 2 lines 11-16, three force sensors placed in a triangular resting on the upper edge of bowl. Said sensors are integrated in seat and connected by electric conductors to an electronic unit 6 fed by an electronic supply provided by a battery; said unit further comprises a means for formatting measurement signals delivered by the sensors transmitting the total weight to a digital display means placed on an extension of the front of seat);
However, De Canecaude discloses the invention substantially as claimed however does not show generate a ballistocardiogram (BCG) or weight signal over time of the subject based on the information indicative of the one or more signals; extract information from the BCG or weight signal; and calculate a timing of an aortic valve opening based on the one or more features extracted from the BCG or weight signal.
Seo discloses generate a ballistocardiogram (BCG) or weight signal over time of the subject based on the information indicative of the one or more signals; extract information from the BCG or weight signal; and calculate a timing of an aortic valve opening based on the one or more features extracted from the BCG or weight signal. (section 0019-0021, 0077, The heart rate sensors may include ballistocardiogram (BCG) sensors. The BCG sensors may be individually provided on the seat back and on the seat cushion. The BCG sensors may be configured such that a plurality of BCG sensors are provided, and the control unit may derive a plurality of waveforms related to the BCG for respective BCG sensors, compare a magnitude of an I-J signal with a magnitude of a noise signal for each waveform, and select a waveform, in which a magnitude of an I-J signal is seven times or more as large as that of a noise signal, as a representative BCG waveform. Detect the period of the heart rate or analyze cardiac diseases by extracorporeally measuring sounds caused by vibrations occurring when the valves of the heart open and close. While the heart squeezes and pumps blood throughout the entire body when the mitral valve closes and the aortic valve opens, a first cardiac sound is generated. While new blood is coming into the left ventricle when the arterial blood flows out of the heart and then the mitral valve opens and the aortic valve closes, a second cardiac sound is generated). This allows for sensing and determining of physiological information based off sensor data of the subject. Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to modify the device of de Canecaude by adding BCG sensors as taught by Seo in order to facilitate proper sensing and determining of physiological information based off sensor data of the subject.
Regarding claim 24, de Canecaude discloses the invention substantially as claimed however does not show the processor is further configured to determine a posture of the subject seated to the seat, the processor configured to determine the time associated with the aortic valve opening based on the BCG or weight signal and the posture.
Seo discloses the processor is further configured to determine a posture of the subject seated to the seat (section 0070, The output waveform of the BCG may vary according to the state of contact between the examinee and the surfaces of the sensors because the angles between a blood vessel and the BCG sensors differ according to the posture of a user. Four or more BCG sensors are disposed in the hip contact portion, so that signals can be obtained in accordance with variations in the posture of the examinee, differences in the location of contact attributable to the center of gravity of the body of the examinee, etc. In the case of each BCG signal, the magnitude of an I-J signal is compared with a noise level, so that BCG signals in which the magnitude of an I-J signal is seven times or more as large as a noise level are defined as high-quality signals, and an optimal BCG signal is selected from among the high-quality signals), the processor configured to determine the time associated with the aortic valve opening based on the BCG or weight signal and the posture (section 0070, 0077, The output waveform of the BCG may vary according to the state of contact between the examinee and the surfaces of the sensors because the angles between a blood vessel and the BCG sensors differ according to the posture of a user. Detect the period of the heart rate or analyze cardiac diseases by extracorporeally measuring sounds caused by vibrations occurring when the valves of the heart open and close. While the heart squeezes and pumps blood throughout the entire body when the mitral valve closes and the aortic valve opens, a first cardiac sound is generated. While new blood is coming into the left ventricle when the arterial blood flows out of the heart and then the mitral valve opens and the aortic valve closes, a second cardiac sound is generated). This allows for proper sensing and determining of physiological information based off sensor data of the subject.
Regarding claim 25, de Canecaude discloses the plurality of force sensors 1-3 includes a force sensor 2-3 disposed near a predefined point along an artery of the subject, the predefined point being located in a portion of the buttocks or the upper thigh of the subject (Fig. 1 shows sensors 2-3 at areas where a buttocks would make contact to the seat 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JON ERIC C MORALES whose telephone number is (571)272-3107. The examiner can normally be reached Monday-Friday 830AM-530PM CST.
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/JON ERIC C MORALES/Primary Examiner, Art Unit 3796
/J.C.M/
Primary Examiner, Art Unit 3796