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 non-Final Office Action in response to applicant’s arguments/filing filed on August 6, 2024
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 8/6/2024 was filed prior to the mailing date of the first office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
Acknowledgment is made of applicant’s drawings submitted on 8/6/2024.
Oath/Declaration
Acknowledgment is made of applicant’s oath submitted on 8/6/2024
Application Data Sheet
Acknowledgment is made of applicant’s application data sheet submitted on 8/6/2024.
Claim Rejections - 35 USC § 112(b)
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.
1.) Claim 1 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. The claim recites conflicting statements regarding the circuit board. Line 3 of the claim states, “a bottom housing comprising a printed circuit board”. However, lines 5 and 6 recite, “the printed circuit board is coupled to the front side surface of the first wall“
2.) Claim 1 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. The claim recites conflicting statements regarding the circuit board. Line x recites, “an angle between at least a portion of the sidewall of the first riser and the backside surface of the first wall the is less than a straight angle.” The phrase, “the is less than”, is grammatically incorrect. For the sake of prosecution, it will be assumed the applicant meant to say the phrase, “that is less than”. Additionally, the term, “straight angle” is ambiguous and is not clearly defined. If the term is meant to be 180 degrees, then any angle would render the use of the phrase, “straight angle”, superfluous.
3.) Claims 3 and 4 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. The claims recite the term “a straight angle”. The term, “straight angle” is ambiguous and is not clearly defined.
4.) Claims 14, 15 and 17, 18 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. Claim 14 recites the phrase, “if the first and second identifier codes match, enabling the oximeter device to make oximetry measurements of tissue.” Conversely, claim 17 recites the phrase, “if the first and second identifier codes do not match, enabling the oximeter device to make oximetry measurements of tissue.” These are conflicting statements. The specification recites the first scenario cited by claim 14. Therefore, for the sake of prosecution, the examiner assumes that claim 14 limitation also applies to claim 17. A Similar assumption will be made regarding a similar contradiction in claims 15 and 18.
Claim Rejections - 35 USC § 102
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 –
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.
(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
1.) Claims 1-4 and 13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20200196877, Vo
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 probe tip coupled to the processor, and a first wall, wherein the first wall comprise a front side surface, a backside surface, and an opening extending from the front side surface to the backside surface, the printed circuit board is coupled to the front side surface of the first wall, the printed circuit board comprises a processor formed on the printed circuit board(US 20200196877, Vo, para. 0004 and 0006: [0004]- The oximeter may, in various embodiments, calculate oxygen saturation (SpO2), pulse rate, a plethysmograph waveform, perfusion index (PI), pleth variability index (PVI), methemoglobin (HbMet), carboxyhemoglobin (HbCO), total hemoglobin (HbT), glucose, among other physiological parameters,
[0006]- A noninvasive physiological sensor can comprise: a first body portion and a second body portion coupled to the first body portion, the first and second body portions configured to at least partially enclose a finger of a user; and a first probe and a second probe at least partially aligned with the first probe, the first probe coupled to one or more emitters and to at least one of the first and second body portions,), a near field communication (NFC) read-writer formed on 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,), and a plurality of electrical contacts formed on a surface of the printed circuit board that faces the first wall of the bottom housing and coupled to the processor, the electrical contacts on the printed circuit board are visible 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 the is less than a straight angle(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 2, Vo teaches the device of claim 1 wherein when the device is enclosed in a sheath, the NFC reader-writer of the device communicates with an NFC tag of the sheath using radio frequency transmissions(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, Vo teaches 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 the is less than a straight angle(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, Vo teaches 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 the is less than a straight angle(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 13, Vo teaches the device of claim 1 wherein the device is an oximeter device US 20200196877, Vo, para. 0004, Examples of non-invasive user monitoring devices include pulse oximeters.).
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.
2.) Claims 5-9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over US 20200196877, Vo in view of US 20180228386, McCall
In regards to claim 5, Vo teaches the device of claim 3. Vo 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 Vo 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).
In regards to claim 6, Vo teaches the device of claim 4. Vo does not teach wherein the display is located at a proximal end of the device and the probe tip is distal from the proximal end at a distal end of the device, and the direction is away from the distal end However, McCall teaches wherein the display is located at a proximal end of the device and the probe tip is distal from the proximal end at a distal end of the device, and the direction is away from the distal end (US 20180228386, McCall, fig. 1B, para. 0109, where the user interface monitor[117] is distant from the probe attachment[150, 145]). 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 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)
In regards to claim 7, Vo teaches the device of claim 1. Vo does not teach wherein the device comprises a detachable battery coupled to the backside surface of the first wall, the battery comprises a sidewall and a first pocket formed in the sidewall, wherein 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 However, McCall teaches wherein the device comprises a detachable battery coupled to the backside surface of the first wall, the battery comprises a sidewall and a first pocket formed in the sidewall, wherein 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 (US 20180228386, McCall, para. 0055, The base unit 115 and the user interface unit 117 can be configured to communicate wirelessly with one another using any number of suitable wireless communication protocols, as described herein. When the user interface unit 117 is not docked or tethered to the base unit 115, the user interface unit 117 can be powered by a battery.). 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 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).
In regards to claim 8, the combination of Vo and McCall teach the device of claim 7 wherein the battery comprises a second plurality of electrical connects, the first and second plurality of electrical connectors are coupled(US 20180228386, McCall, para. 0056, a user interface unit 117 configured to display physiological information about the patient (including one or any combination of any of the physiological information that the base unit 115 is configured to determine), a power source (such as a battery or a power cord), and one or more electrical connectors, 270, 240 configured to establish an electrical connection with the patient sensor 120, such as by way of an attachment with one or more electrical connectors 240 that form part of the patient sensor 120.). 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 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).
In regards to claim 9, the combination of Vo and McCall teach the device of claim 8 wherein the first and second pluralities of electrical connectors each includes a power connector and a data connector(US 20180228386, McCall, para. 0056, a user interface unit 117 configured to display physiological information about the patient (including one or any combination of any of the physiological information that the base unit 115 is configured to determine), a power source (such as a battery or a power cord), and one or more electrical connectors, 270, 240 configured to establish an electrical connection with the patient sensor 120, such as by way of an attachment with one or more electrical connectors 240 that form part of the patient sensor 120. The base unit 115 of the patient monitor 110 can be configured to receive one or more patient-information electrical signals that convey information about a patient's physiological conditions.). 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 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). In regards to claim 12, Vo teaches the device of claim 1. Vo does not teach wherein the display is located at a proximal end of the device and the probe tip is distal from the proximal end at a distal end of the device, and a direction of the surface of the portion is away from the distal end However, McCall teaches wherein the display is located at a proximal end of the device and the probe tip is distal from the proximal end at a distal end of the device, and a direction of the surface of the portion is away from the distal end (US 20180228386, McCall, fig. 1B, para. 0109, where the user interface monitor[117] is distant from the probe attachment[150, 145]). 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 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 20140275884, Lin
In regards to claim 10, Vo teaches the device of claim 1. Vo does not teach wherein the bottom housing comprises a magnet located in the first riser However, Lin teaches wherein the bottom housing comprises a magnet located in the first riser (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 Vo 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, Vo teaches the device of claim 1. Vo does not teach wherein the bottom housing comprises material located in the first riser that is magnetically attracted to a magnet However, Lin teaches wherein the bottom housing comprises 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 Vo 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 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190095119, Vandewater in view of US 20180011973, Fish
In regards to claim 14, Vandewater teaches a method comprising: providing an oximeter device and a sheath into which the oximeter device can be inserted(US 20190095119, Vandewater, para. 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,); 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;); Vandewater does not teach at the oximeter device, retrieving a second identifier code for the sheath from a server; comparing the first and second identifier codes; if 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.); 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 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 15, the combination of 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 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, Vandewater teaches a method comprising: providing an oximeter device and a sheath into which the oximeter device can be inserted(US 20190095119, Vandewater, para. 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,); 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;); Vandewater does not teach at the oximeter device, retrieving a second identifier code for the sheath from a server; comparing the first and second identifier codes; if the first and second identifier codes do not 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.); if the first and second identifier codes do not 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 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 18, the combination of Vandewater and Fish teach the method of claim 17 comprising: if the first and second identifier codes 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 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)
5.) Claims 16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190095119, Vandewater in view of US 20180011973, Fish and further in view of US 20150134552, Engels
In regards to claim 16, the combination of Vandewater and Fish teach the method of claim 14. The combination of 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 Vandewater and Fish with the teaching of Engels because a user would have been motivated to ….
In regards to 19, the combination of Vandewater and Fish teach the method of claim 17. The combination of 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 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 Vandewater and Fish, in order to authenticate and manage an item and its associated data over a period of time(Engels, para. 0009)
CONCLUSION
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.
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/GREGORY A LANE/Examiner, Art Unit 2438
/TAGHI T ARANI/Supervisory Patent Examiner, Art Unit 2438