DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 14 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 14 recites the limitation "the vibration transmitter" in lines 7-8. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the piezoelectric plate support" in line 10. There is insufficient antecedent basis for this limitation in the claim.
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) 1-3, 5, 8-11 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kassal et al (US 20080137876 A1).
With respect to claim 1, Kassal discloses a bioacoustic sensor, comprising:
a housing (fig.3 “Contoured Housing”);
a diaphragm (fig.3 #3) including a contact surface contactable with a living body and a back surface on an opposite side to the contact surface, and being displaceable in a thickness direction (Par.[0037-0038] vibrational energy displaces diaphragm #3 in a “thickness direction” towards coupling disk #15, wherein a “contact surface” of the diaphragm #3 is a surface opposite coupling disk #15 configured to contact a living body); and
a piezoelectric plate (fig.3 #13/19) including a first surface facing the back surface of the diaphragm with a gap between the first surface and the back surface and a second surface on an opposite side to the first surface to convert vibration of the diaphragm into an electric signal (Par.[0038] sensor assembly comprises a piezoelectric plate #19 including a first surface that faces the back of diaphragm #3 with a gap therebetween); wherein
the diaphragm is in contact with a center side portion of the first surface of the piezoelectric plate when viewed in the thickness direction (Par.[0038] diaphragm #3 is in contact with a center portion of piezoelectric plate #19 via coupling disk #15); and
the housing supports an outer side portion of the second surface of the piezoelectric plate when viewed in the thickness direction (Par.[0046] the housing supports the second surface of piezoelectric plate #19 via fastener #34).
With respect to claim 2, Kassal discloses the bioacoustic sensor according to Claim 1, further comprising: a diaphragm support (fig.3 #34) provided to the housing to support the diaphragm and being elastically deformable in the thickness direction (Par.[0046]).
With respect to claim 3, Kassal discloses the bioacoustic sensor according to Claim 1, wherein a portion of the housing facing the second surface of the piezoelectric plate includes a concave surface, and the housing directly supports the outer side portion of the second surface of the piezoelectric plate via the concave surface (see fig.3; shoulder portion of housing supports sensor assembly #13).
With respect to claim 5, Kassal discloses the bioacoustic sensor according to Claim 1, further comprising: a vibration transmitter (fig.3 #15) sandwiched between the diaphragm and the piezoelectric plate and in contact with the center side portion of the first surface of the piezoelectric plate to transmit vibration of the diaphragm to the piezoelectric plate (Par.[0038]); and a piezoelectric plate support (fig.7 #13) sandwiched between the piezoelectric plate and the housing to support the outer side portion of the second surface of the piezoelectric plate (Par.[0043] sensor board circuit assembly #13 is sandwiched between the housing and piezoelectric plate #19); wherein the diaphragm is in indirect contact with the piezoelectric plate via the vibration transmitter; and the housing indirectly supports the piezoelectric plate via the piezoelectric plate support.
With respect to claim 8, Kassal discloses the bioacoustic sensor according to Claim 5, wherein the piezoelectric plate support is made of an elastically deformable material (Par.[0043] “flexion of the sensor assembly #13”) .
With respect to claim 9, Kassal discloses the bioacoustic sensor according to Claim 5, wherein the vibration transmitter includes a columnar body (fig.3 #15; Par.[0038]); and the piezoelectric plate support includes an annular body along an outer peripheral edge of the piezoelectric plate (see fig.7).
With respect to claim 10, Kassal discloses the bioacoustic sensor according to Claim 5 , wherein one end surface of the vibration transmitter (#15) is fixed to the back surface of the diaphragm (#3)(fig.3; Par.[0038]).
With respect to claim 11, Kassal discloses the bioacoustic sensor according to Claim 5, wherein another end surface of the vibration transmitter (#15) is fixed to the first surface of the piezoelectric plate (#19)(fig.3; Par.[0038]).
With respect to claim 15, Kassal discloses a stethoscope, comprising: the bioacoustic sensor according to Claim 1; a speaker (fig.13 #55) drivable based on an electric signal from the piezoelectric plate of the bioacoustic sensor; a chest piece (fig.3) including the bioacoustic sensor and the speaker; and an ear chip (fig.13 #47) connected to the chest piece to output a sound of the speaker to an outside (Par.[0045-0047]).
Allowable Subject Matter
Claims 4, 6-7 and 12-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Abbruscato (US 8447043 B1) discloses a piezo element stethoscope.
Eggert et al (US 4258229) discloses a body vibration pickup.
Hoskins et al (US 20180324530 A1) discloses a piezoelectric contact microphone with mechanical interface.
Kato et al (US 12089002 B2) discloses a bioacoustics sensor and stethoscope.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON R KURR whose telephone number is (571)270-5981. The examiner can normally be reached M-F: 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached at (571-272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JASON R. KURR
Primary Examiner
Art Unit 2695
/JASON R KURR/ Primary Examiner, Art Unit 2695