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 .
DETAILED ACTION
1. The following is a Final Office Action in response to applicant’s arguments filed on June 4, 2026
Claims 1-20 are pending
Response to Arguments
Applicant’s argument filed on 6/4/2026 regarding 35 U.S.C. 112(b) rejections of claims 1, 3, 4, 14, 15, 17 and 18 have been fully considered and is persuasive. Therefore, the rejections are withdrawn.
Applicant’s amendment to claims 1 and 14 filed on 6/4/2026 regarding, “the printed circuit board is coupled to the front side surface of the first wall of the bottom housing, the top housing and the bottom housing couple together to form a device enclosure of the device, the device enclosure is elongated having a proximal end and distal end, the display is at the proximal end, and the oximeter sensor is distal to the proximal end of the device; and providing an oximeter device and a sheath into which the oximeter device can be inserted, wherein when the oximeter device is inserted into the sheath, the sheath fully encloses and seals the oximeter device from fluids external to the sheath“ necessitated the new ground(s) of rejection presented in this Office action. Therefore, Applicant's arguments with respect to claims 1-20 have been considered but are moot in view of the new ground(s) of rejection.
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 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 of this title, 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.
1.) Claims 1-4, 6-9,12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over US 20200196877, Vo in view of US 20180014760, Bechtel
In regards to claim 1, Vo teaches a device comprising: a top housing comprising a display visible from an exterior of the top housing(US 20200196877, Vo, para. 0004, the oximeter may display on one or more monitors the foregoing parameters individually, in groups, in trends, as combinations, or as an overall wellness or other index.); and a bottom housing comprising a printed circuit board(US 20200196877, Vo, para. 0071, a user monitoring system 400 that can be used alongside the physiological measurement systems 1, 9, 500, 500′ and/or noninvasive physiological sensor 10. As shown, the system 400 can include a user monitor 402 including a processor 404 and a host instrument 408. As shown, the system 400 can include an emitter 416, which can be the same as the one or more emitters 2 and/or emitter package 20a, and a detector 420, which can be the same as the one or more detectors 8 and/or detector 30a. The processor 404 can receive one or more intensity signal(s) indicative of one or more parameters of tissue of a user from the detector 420. For example, with reference to FIGS. 1B, 1C, and 1G, signals from the detector(s) 30a and/or I.sub.0 detector 4, 20d can be transmitted to processor 404 via cables or circuits such as flex circuits 33. The processor 404 can also communicate with a host instrument 408 to display determined values calculated using the one or more intensity signals. The processor 404 can comprise processing circuitry arranged on one or more printed circuit boards capable of installation into the monitor 402),
a near field communication (NFC) read-writer is electrically coupled to the printed circuit board(US 20200196877, Vo, para. 0073, For example, such communication can be via wireless protocols such as Wi-Fi, Bluetooth, ZigBee, Z-wave, or radio frequency such as near field communication,), Vo does not teach an oximeter sensor coupled to the processor, and a first wall, wherein the first wall comprises a front side surface and a backside surface, an opening extend from the front side surface to the backside surface, the printed circuit board is coupled to the front side surface of the first wall of the bottom housing, the top housing and the bottom housing couple together to form a device enclosure of the device, the device enclosure is elongated having a proximal end and distal end, the display is at the proximal end, and the oximeter sensor is distal to the proximal end of the device, a processor is electrically coupled to the printed circuit board,a plurality of electrical contacts are formed on a surface of the printed circuit board that faces toward the first wall of the bottom housing, and the electrical contacts are electrically coupled to the processor, the electrical contacts on the printed circuit board are visible and accessible through the opening formed in the first wall of the bottom housing, the backside surface of the first wall comprises a first riser that extends from the backside surface of the first wall, the first riser comprises a sidewall, an angle between at least a portion of the sidewall of the first riser and the backside surface of the first wall is between about 90 degrees to about 150 degrees, and the device is an oximeter that measures oxygen saturation However, Bechtel teaches an oximeter sensor coupled to the processor, and a first wall, wherein the first wall comprises a front side surface and a backside surface, an opening extend from the front side surface to the backside surface, the printed circuit board is coupled to the front side surface of the first wall of the bottom housing, the top housing and the bottom housing couple together to form a device enclosure of the device, the device enclosure is elongated having a proximal end and distal end, the display is at the proximal end, and the oximeter sensor is distal to the proximal end of the device, a processor is electrically coupled to the printed circuit board (US 20180014760, Bechtel, para. 0013 and 0137: [0013]- an oximeter probe has a first portion and second portion that are rigidly fixed with respect to each other. The first portion has an elongated laparoscopic element. The laparoscopic element extends in a first direction and includes a proximal end and a distal end, opposite the proximal end.[0110]- FIGS. 8 and 9 show a perspective view and an end view of sensor head 657 that is positioned in an end portion 452a of laparoscopic tube 452. The sensor head includes a printed circuit board (PCB) 658 that may be substantially round (e.g., circular) to fit in the end of the laparoscopic element.),a plurality of electrical contacts are formed on a surface of the printed circuit board that faces toward the first wall of the bottom housing, and the electrical contacts are electrically coupled to the processor, the electrical contacts on the printed circuit board are visible and accessible through the opening formed in the first wall of the bottom housing, the backside surface of the first wall comprises a first riser that extends from the backside surface of the first wall, the first riser comprises a sidewall, an angle between at least a portion of the sidewall of the first riser and the backside surface of the first wall is between about 90 degrees to about 150 degrees, and the device is an oximeter that measures oxygen saturation (US 20180014760, Bechtel, fig. 1, FIG. 1 shows an image of an oximeter probe 101 in an implementation. Oximeter probe 101 is configured to make tissue oximetry measurements of tissue, such as internal tissue, intraoperatively. Oximeter probe 101 may be a handheld device that includes a probe unit 105 and a laparoscopic element 108 extending from the probe unit. A sensor head is positioned at a tip 110 of the laparoscopic element. The oximeter probe can include one or more user-input devices, such as one or more buttons 119. In some implementations, the display is a user-input device and includes a touch pad.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Vo with the teaching of Bechtel because a user would have been motivated to use a multiple piece design, taught by Bechtel, in order to allow components of from the system taught by Vo to be resused multiple times with replacement laparoscopic elements(Bechtel, para. 0009)
In regards to claim 2, the combination of Vo and Bechtel teach the device of claim 1 comprising a sheath comprising an NFC tag, wherein when the oximeter is entirely enclosed in sheath, the NFC reader-writer of the oximeter communicates with NFC tag of the sheath using radio frequency transmissions, and the sheath fully seals the oximeter from fluids external to the sheath (US 20200196877, Vo, para. 0062 and 0073: [0062]- physiological measurement system 9 includes an emitter assembly 20 which can include…a mating sleeve[i.e. note: sheath] connector discussed in more detail below with reference to FIGS. 1D and 1F.
[0073]- The host instrument 408 can communicate with computing devices and/or physiological monitoring systems, such as physiological measurement system 1, 9, 500, 500′ and/or noninvasive physiological sensor 10, over wireless or wired public or private networks. For example, such communication can be via wireless protocols such as Wi-Fi, Bluetooth, ZigBee, Z-wave, or radio frequency such as near field communication,).
In regards to claim 3, the combination of Vo and Bechtel teach the device of claim 1 wherein the backside surface of the first wall comprises a second riser that extends from the backside surface of the first wall, the second riser comprises a sidewall, an angle between at least a portion of the sidewall of the second riser and the backside surface of the first wall is between about 90 degrees to about 150 degrees (US 20200196877, Vo, fig. 10 and para. 0071, FIG. 10 illustrates a block diagram of an exemplary embodiment of a user monitoring system 400 that can be used alongside the physiological measurement systems 1, 9, 500, 500′ and/or noninvasive physiological sensor 10. As shown, the system 400 can include a user monitor 402 including a processor 404 and a host instrument 408. As shown, the system 400 can include an emitter 416, which can be the same as the one or more emitters 2 and/or emitter package 20a, and a detector 420, which can be the same as the one or more detectors 8 and/or detector 30a. The processor 404 can receive one or more intensity signal(s) indicative of one or more parameters of tissue of a user from the detector 420. For example, with reference to FIGS. 1B, 1C, and 1G, signals from the detector(s) 30a and/or I.sub.0 detector 4, 20d can be transmitted to processor 404 via cables or circuits such as flex circuits 33. The processor 404 can also communicate with a host instrument 408 to display determined values calculated using the one or more intensity signals. The processor 404 can comprise processing circuitry arranged on one or more printed circuit boards capable of installation into the monitor 402, or capable of being distributed as some or all of one or more OEM components for a wide variety of host instruments monitoring a wide variety of user information.).
In regards to claim 4, the combination of Vo and Bechtel teach the device of claim 1 wherein the backside surface of the first wall comprises a third riser that extends from the backside surface of the first wall, the second riser comprises a sidewall, an angle between at least a portion of the sidewall of the third riser and the backside surface of the first wall is between about 90 degrees to about 150 degrees (US 20180014760, Bechtel, fig. 1, FIG. 1 shows an image of an oximeter probe 101 in an implementation. Oximeter probe 101 is configured to make tissue oximetry measurements of tissue, such as internal tissue, intraoperatively. Oximeter probe 101 may be a handheld device that includes a probe unit 105 and a laparoscopic element 108 extending from the probe unit. A sensor head is positioned at a tip 110 of the laparoscopic element. The oximeter probe can include one or more user-input devices, such as one or more buttons 119. In some implementations, the display is a user-input device and includes a touch pad.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Vo with the teaching of Bechtel because a user would have been motivated to use a multiple piece design, taught by Bechtel, in order to allow components of from the system taught by Vo to be resused multiple times with replacement laparoscopic elements(Bechtel, para. 0009) In regards to claim 6, the combination of Vo and Bechtel teach the device of claim 1 wherein the printed circuit board is double sided, the processor is electrically coupled to a first side of the printed circuit board, and the electrical contacts are on a second side of the printed circuit board(US 20180014760, Bechtel, para. 0125, PCB 659 has a first surface one with one or more of the TIAs are mounted, and has a second surface that is parallel to the first surface. Other electrical elements can be mounted on the second surface of PCB 659.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Vo with the teaching of Bechtel because a user would have been motivated to use a multiple piece design, taught by Bechtel, in order to allow components of from the system taught by Vo to be resused multiple times with replacement laparoscopic elements(Bechtel, para. 0009)
In regards to claim 7, the combination of Vo and Bechtel teach the device of claim 1 further comprising a detachable battery pack that couples to and mates with the backside surface of the first wall, the battery pack comprises a sidewall and a first pocket formed in the sidewall, when the battery pack is coupled to the device enclosure, the sidewall of the battery faces the backside surface of the first wall of the bottom housing, the first riser is at least partially located in the first pocket, the first pocket comprises a sidewall that coupled to the portion of the sidewall of the recess and electrical terminals of the battery pack couple to the electrical contacts(US 20180014760, Bechtel, fig. 4, para. 0016 and 0067: [0016]- The first enclosure[i.e. note: wall] also has a battery that is connected to the analog-to-digital converter and interface circuit.[0067]- Battery 430 can include one or more of a variety of battery types, such as one or more disposable batteries or one or more rechargeable batteries[i.e. note: battery pack]. Disposable batteries are discarded after their stored charge is expended.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Vo with the teaching of Bechtel because a user would have been motivated to use a multiple piece design, taught by Bechtel, in order to allow components of from the system taught by Vo to be resused multiple times with replacement laparoscopic elements(Bechtel, para. 0009)
In regards to claim 8, the combination of Vo and Bechtel teach the device of claim 7 wherein when the battery pack is coupled to the device enclosure, electrical terminals of the battery pack couple to the electrical contacts of the printed circuit board(US 20180014760, Bechtel, fig. 4, para. 0016, The first enclosure[i.e. note: wall] also has a battery that is connected to the analog-to-digital converter and interface circuit.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Vo with the teaching of Bechtel because a user would have been motivated to use a multiple piece design, taught by Bechtel, in order to allow components of from the system taught by Vo to be resused multiple times with replacement laparoscopic elements(Bechtel, para. 0009)
In regards to claim 9, the combination of Vo and Bechtel teach the device of claim 1 wherein electrical contacts comprise a power input and data connector(US 20180014760, Bechtel, para. 0064, Display 415 includes a processor 420, a memory 422 electrically connected to the processor, a display element 115 electrically connected to the processor, a battery 430, and a power supply unit 435 that is adapted to supply power from the battery to the electrical components of the display. Electrical circuitry of the oximetry system performs the processing of signal data,). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Vo with the teaching of Bechtel because a user would have been motivated to use a multiple piece design, taught by Bechtel, in order to allow components of from the system taught by Vo to be resused multiple times with replacement laparoscopic elements(Bechtel, para. 0009) In regards to claim 12, the combination of Vo and Bechtel teach the device of claim 1 comprising a detachable battery pack that couples to and mates with the oximeter to form a combined unit, the battery pack providing power to the processor, display, and NFC read-writer of the oximeter via the electrical contacts, a sheath comprising an NFC tag, wherein when the combined unit is entirely enclosed and sealed in the sheath, the NFC reader-writer of oximeter can communicate wirelessly with the NFC tag of the sheath, and the sheath fully seals the combined unit from fluids external to the sheath(US 20200196877, Vo, para. 0062 and 0073: [0062]- physiological measurement system 9 includes an emitter assembly 20 which can include…a mating sleeve[i.e. note: sheath] connector discussed in more detail below with reference to FIGS. 1D and 1F.
[0073]- The host instrument 408 can communicate with computing devices and/or physiological monitoring systems, such as physiological measurement system 1, 9, 500, 500′ and/or noninvasive physiological sensor 10, over wireless or wired public or private networks. For example, such communication can be via wireless protocols such as Wi-Fi, Bluetooth, ZigBee, Z-wave, or radio frequency such as near field communication,).
In regards to claim 13, Vo teaches the device of claim 1 wherein the backside surface of the first wall comprises a recessed region and the opening is formed is at a bottom of the recessed region(US 20180014760, Bechtel, para. 0136, In some embodiment, the sensor head is flush with the end of the laparoscopic tube, recessed within the laparoscopic tube, or extends from the laparoscopic tube.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Vo with the teaching of Bechtel because a user would have been motivated to use a multiple piece design, taught by Bechtel, in order to allow components of from the system taught by Vo to be resused multiple times with replacement laparoscopic elements(Bechtel, para. 0009)
2.) Claims 5 is rejected under 35 U.S.C. 103 as being unpatentable over US 20200196877, Vo in view of US 20180014760, Bechtel and further in view of US 20180228386, McCall
In regards to claim 5, the combination of Vo and Bechtel teach the device of claim 3. The combination of Vo and Bechtel do not teach does not teach wherein the portions of the sidewalls of the first, second, and third risers face the same direction However, McCall teaches wherein the portions of the sidewalls of the first, second, and third risers face the same direction(US 20180228386, McCall, fig. 1B, item 115, where the base unit comprises a plurality of sidewalls). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Vo and Bechtel with the teaching of McCall because a user would have been motivated to utilize continuous monitoring of patient information, taught by McCall in order to provide a more accurate calibration for measured patient information when compared to minimally invasive methods(McCall, para. 0050).
3.) Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over US 20200196877, Vo in view of US 20180014760, Bechtel and further in view of US 20140275884, Lin
In regards to claim 10, the combination of Vo and Bechtel teach the device of claim 1. The combination of Vo and Bechtel teach do not teach comprising a magnet located in the first rise of the bottom housing However, Lin teaches comprising a magnet located in the first rise of the bottom housing(US 20140275884, Lin, para. 0038, The one or more magnets 32 may be disposed within the sensor housing 12, although in some embodiments the one or more magnets 32 may be disposed on a surface of the housing 12 or may be otherwise coupled to the sensor 10. The one or more magnets 32 may be disposed within or coupled to any portion of the sensor 10, including the bottom portion 14 and/or the top portion 16.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Vo and Bechtel with the teaching of Lin because a user would have been motivated to use reusable sensors, taught by Lin, in order to enable the use of rechargeable batteries by the oximeter used by Vo thereby facilitating efficient disinfecting of the sensor components(Lin, para. 0024)
In regards to claim 11, the combination of Vo and Bechtel teach the device of claim 1. the combination of Vo and Bechtel do not teach comprising a material located in the first riser that is magnetically attracted to a magnet However, Lin teaches comprising a material located in the first riser that is magnetically attracted to a magnet (US 20140275884, Lin, para. 0038, The one or more magnets 32 may be disposed within the sensor housing 12, although in some embodiments the one or more magnets 32 may be disposed on a surface of the housing 12 or may be otherwise coupled to the sensor 10.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Vo and Bechtel with the teaching of Lin because a user would have been motivated to use reusable sensors, taught by Lin, in order to enable the use of rechargeable batteries by the oximeter used by Vo thereby facilitating efficient disinfecting of the sensor components(Lin, para. 0024)
4.) Claims 14, 15, 17, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20180014760, Bechtel in view of US 20190095119, Vandewater and further in view of US 20180011973, Fish
In regards to claim 14, Bechtel teaches a method comprising: providing an oximeter device and a sheath into which the oximeter device can be inserted, wherein when the oximeter device is inserted into the sheath, the sheath fully encloses and seals the oximeter device from fluids external to the sheath(US 20180014760, Bechtel, para. 0098, The probe unit, portions of the laparoscopic element, or both can be covered with a barrier 619. The barrier can inhibit fluids and debris from contacting portions of the oximeter probe that are covered by the barrier and isolates reusable and nonsterilizable portions of the oximeter probe from the sterile surgical field); Bechtel does not teach after the oximeter device is inserted in the sheath, retrieving information by a first communication device of the oximeter device from a second communication device of the sheath using near-field communication (NFC), wherein the information comprises a first identifier code for the sheath However, Vandewater teaches after the oximeter device is inserted in the sheath, retrieving information by a first communication device of the oximeter device from a second communication device of the sheath using near-field communication (NFC), wherein the information comprises a first identifier code for the sheath (US 20190095119, Vandewater, para. 0163 and 0180: [0163]- wherein the device communicates using one or more of a NFC signal, blue tooth signal, Wi-Fi signal or Zigbee protocol.[0180]- The device of example 1 wherein data is received by the device from the medical device through a connection that is selected from the group consisting of an optical fiber connection, a tip and sleeve (TS) connection, a tip, ring, and sleeve (TRS) connection, a tip, ring, ring, and sleeve (TRRS) connection,… wherein the medical device comprises one or more of: a blood glucose meter; a pacemaker; a blood pressure monitor; an insulin pump; a pulse oximeter;); It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Bechtel with the teaching of Vandewater because a user would have been motivated to use a user device, taught by Vandewater, communicate with the oximeter device, taught by Bechtel, in order to track and record healthcare information(Vandewater, para. 0118) the combination of Bechtel and Vandewater do not teach at the oximeter device, retrieving a second identifier code for the sheath from a server; comparing the first and second identifier codes; andif the first and second identifier codes match, enabling the oximeter device to make oximetry measurements of tissue However, Fish teaches at the oximeter device, retrieving a second identifier code for the sheath from a server(US 20180011973, Fish, para. 0059, a memory sub-system 409 connected to the system gateway servers 408 to store updated ID data of the mobile electronic sleeve device 404 and any required associated user data of each of the plurality of the mobile devices 402 users;); comparing the first and second identifier codes(US 20180011973, Fish, para. 0059, the access to transfer of the selected user data is only enabled after positive authentication of each of the system registered unique users by their integrated mobile personal devices 402 supported and executed by identifying the users' personalized identification data, associated by the system servers 408 with the registered owners of the integrated mobile personal devices 402 through the identification of their composing sleeves 404 unique production serial number.); and if the first and second identifier codes match, enabling the oximeter device to make oximetry measurements of tissue(US 20180011973, Fish, para. 0059, the access to transfer of the selected user data is only enabled after positive authentication of each of the system registered unique users by their integrated mobile personal devices 402). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Bechtel and Vandewater with the teaching of the combination of Bechtel and Fish because a user would have been motivated to use weighted authentication results, taught by Fish, in order to provide more reliable user authentication results for accessing data information in the system taught by Vandewater(Fish, para. 0026)
In regards to claim 15, the combination of Bechtel, Vandewater and Fish teach the method of claim 14 comprising: if the first and second identifier codes do not match, not enabling the oximeter device to make oximetry measurements of tissue(US 20180011973, Fish, para. 0059, the access to transfer of the selected user data is only enabled after positive authentication of each of the system registered unique users by their integrated mobile personal devices 402 supported and executed by identifying the users' personalized identification data,[i.e. note: if not authenticated, access is denied]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Bechtel and Vandewater with the teaching of Fish because a user would have been motivated to use weighted authentication results, taught by Fish, in order to provide more reliable user authentication results for accessing data information in the system taught by Vandewater(Fish, para. 0026)
In regards to claim 17, Bechtel, Vandewater and Fish teach the method of claim 14 wherein the oximeter device comprises a removable battery pack, the a combination of the oximeter device and removable battery pack are inserted into the sheath(US 20180014760, Bechtel, para. 0067, Battery 430 can include one or more of a variety of battery types, such as one or more disposable batteries or one or more rechargeable batteries. Disposable batteries are discarded after their stored charge is expended.)
In regards to claim 18, the combination of Bechtel, Vandewater and Fish teach The method of claim 14 wherein the second communication device comprises an NFC tag(US 20190095119, Vandewater, para. 0163, wherein the device communicates using one or more of a NFC signal, blue tooth signal, Wi-Fi signal or Zigbee protocol.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Bechtel and Fish with the teaching of Vandewater because a user would have been motivated to use a user device, taught by Vandewater, communicate with the oximeter device, taught by Bechtel, in order to track and record healthcare information(Vandewater, para. 0118) In regards to 19, the combination of Bechtel, Vandewater and Fish teach the method of claim 14 wherein the second communication device comprises an NFCread-writer(US 20190095119, Vandewater, para. 0163, wherein the device communicates using one or more of a NFC signal, blue tooth signal, Wi-Fi signal or Zigbee protocol.) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Bechtel and Fish with the teaching of Vandewater because a user would have been motivated to use a user device, taught by Vandewater, communicate with the oximeter device, taught by Bechtel, in order to track and record healthcare information(Vandewater, para. 0118) In regards to claim 20, the combination of Bechtel, Vandewater, and Fish teach the method of claim 14 wherein the sheath comprises a lid comprising a transparent panel through which a display of the oximeter device will be visible when the oximeter device is fully enclosed in the sheath(US 20180014760, Bechtel, para. 0098, The probe unit, portions of the laparoscopic element, or both can be covered with a barrier 619. The barrier can inhibit fluids and debris from contacting portions of the oximeter probe that are covered by the barrier and isolates reusable and nonsterilizable portions of the oximeter probe from the sterile surgical field. The barrier is transparent to information displayed on a display of the oximeter probe in implementations where the probe includes a display, such as display 115.).
5.) Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over US 20180014760, Bechtel in view of US 20190095119, Vandewater and further in view of US 20180011973, Fish and further in view of US 20150134552, Engels
In regards to claim 16, the combination of Bechtel, Vandewater and Fish teach the method of claim 14. The combination of Bechtel, Vandewater and Fish do not teach wherein the information is encrypted, and the method further comprises in the oximeter device, decrypting the encrypted information to retrieve the first identifier code for the sheath However, Engels teaches wherein the information is encrypted, and the method further comprises in the oximeter device, decrypting the encrypted information to retrieve the first identifier code for the sheath(US 20150134552, Engels, para. 0097, The authentication application 122 may then be configured to decode,decrypt, or otherwise obtain the information from the tagging device image. In some embodiments, the authentication application 122 may act as an information portal for the authentication system and send the image of the tagging device back to the authentication system for decoding at an authentication system server.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of the combination of Bechtel, Vandewater and Fish with the teaching of Engels because a user would have been motivated to apply the tag device, taught by Engels, to the sleeve, taught by the combination of Bechtel, Vandewater and Fish, in order to authenticate and manage an item and its associated data over a period of time(Engels, para. 0009)
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY LANE whose telephone number is (571)270-7469. The examiner can normally be reached on 571 270 7469 from 8:00 AM to 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Taghi Arani, can be reached on 571 272 3787. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/GREGORY A LANE/ Examiner, Art Unit 2438
/TAGHI T ARANI/Supervisory Patent Examiner, Art Unit 2438
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