DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
2. According to the Amendment, filed 07 May 2025, the status of the claims is as follows:
Claims 1-1 are currently amended; and
Claims 12-28 are cancelled.
Claim Objections
3. Claim 1 is objected to because of the following informalities:
In line 5, “Cr” is an acronym that is not defined in the first instance, and should be amended to “Chromium (Cr)”;
In lines 7 and 8, “[mm]” is unclear whether the term is part of the claim limitation or not, and should be amended to “ mm, a required range of t is 0.059≤t≤0.124 mm,”; and
In line 9, “SUS” is an acronym that is not defined in the first instance, and should be amended to “stainless steel (SUS)”.
Appropriate correction is required.
Claim Interpretation
4. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
5. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
6. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“strain generating body” in claim 1, which corresponds to a structure that includes “includes a base portion 21, a beam portion 22, a load portion 23, and an extension portion 24” (see para. [0012] of the Specification, filed 29 August 2024).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
7. 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.
8. Claims 1 and 5-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the following limitations:
when a material of the strain generating body is SUS and d is 32, a required range of t is 0.059≤t≤0.124,
when the material is SUS and d is 22, a required range of t is 0.046≤t≤0.099,
when the material is SUS and d is 13, a required range of t is 0.030≤t≤0.067,
when the material is SUS and d is 7, a required range of t is 0.026≤t≤0.034,
when the material is copper and d is 32, a required range of t is 0.084≤t≤0.166,
when the material is copper and d is 22, a required range of t is 0.066≤t≤0.132,
when the material is copper and d is 13, a required range of t is 0.044≤t≤0.088,
when the material is copper and d is 7, a required range of t is 0.032≤t≤0.050,
when the material is aluminum and d is 32, a required range of t is 0.097≤t≤0.212,
when the material is aluminum and d is 22, a required range of t is 0.079≤t≤0.168,
when the material is aluminum and d is 13, a required range of t is 0.050<t<0.107,
when the material is aluminum and d is 7, a required range of t is 0.038<t<0.063,
The limitations describe different scenarios for the specific material of the strain generating body used and the specific diameter of the circular opening is used. However, the scope of the claim is not clear as to what is selecting the specific material used and the specific diameter of the circular opening. The wording of the claims implies that there is a criteria or specified time when a material is being used and a diameter is being used. In addition, the scope is not clear as to whether these different scenarios are optional or alternatives to one another. Also, is the claimed invention only directed to these specific scenarios (having the specified combination of material of the strain generating body, diameter of the circular opening, and range of thickness of the strain generating body)?
For further examination, these claim limitations will be interpreted as being alternative structural requirements of the pulse wave sensor, and the scope being limited to these specified requirements. Examiner suggests amending the claim to state these limitations as alternative structural requirements rather than scenarios based on a timed occurrence.
Claims 5-11 are rejected due to their dependencies, either directly or indirectly to base claim 1.
Claim Rejections - 35 USC § 103
9. 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.
10. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
11. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
12. Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Oshige, JP Patent No. 2002-78689 A (“Oshige”), in view of Koybayashi et al., U.S. Patent Application Publication No. 2019/0133463 A1 (“Kobayashi”), and further in view of Sato, U.S. Patent Application Publication No. 2022/0390301 A1 (“Sato”).
As to Claim 2, Oshige teaches the following:
A pulse wave sensor (“pressure pulse wave detector”) PS (see “As shown in FIG. 1, a pressure pulse wave detector PS has, as shown in FIG. 1, an outer periphery formed by opening an opening of a bottomed cylindrical support housing 2 having an outer diameter of about 5 mm to 10 mm.” in para. [0008], and see fig. 1), comprising:
a strain generating body (“pressure receiving plate”) 1 (see “It is formed in a dome shape having a convex curved surface, more specifically, in a substantially spherical shape, and covered with a pressure receiving plate 1. … Pressure plate 1 Is copper based such as 304 series, 306 series, 420 series SUS, oxygen-free copper, copper phosphate, beryllium copper, or 100 Materials such as aluminum of 0 series, 5000 series, and 6000 series are preferable from the viewpoint of moldability, safety to human body, and the like, and these materials are easily available. Dozens of μ of such material. … The pressure receiving plate 1 is supported so as to be able to bend by the action of an external force.” in para. [0008]);
…
a strain gauge (“pressure detecting element”) 3 provided on the other surface (“inner surface”, not labeled) of the strain generating body 1 (see “On the inner surface of the top portion PA of the pressure receiving plate 1, a pressure detecting element 3 constituted by a strain gauge is provided as a piezoelectric conversion means PE for converting the bending of the pressure receiving plate 1 into an electric signal. More specifically, the pressure detecting element 1 may be configured as a strain gauge circuit formed in a thin film by sputtering or the like or a minute strain gauge formed of a polyimide base film and a copper foil.” in para. [0009]) positioned on a side opposite to the one surface (see the inner and outer surfaces of “pressure receiving plate 1” in fig. 1), …
wherein the strain generating body 1 includes:
a base portion (“support housing”) 2 (see “The inner space surrounded by the pressure receiving plate 1 and the support housing 2 is about several hundred μm in diameter in the support housing 2 or the pressure receiving plate 1 in order to fill an inert gas or to eliminate a pressure difference from an external pressure.” in para. [0009]) with a circular opening (“through-opening”) 12a (see “In the pressure receiving plate 12 of the fourth embodiment, a substantially fan-shaped through-opening 12a is radially arranged around the center position of the pressure-receiving plate 12.” in para. [0009]);
a beam portion (not labeled, see the beams in between “fan-shaped through-opening 12a” in fig. 6) bridging an inside of the base portion 2 (see fig. 6); and
a load portion (“pressing force”, not labeled, represented by arrows in fig. 2(b)) provided on the beam portion (see load, represented by arrows, provided on the “fan-shaped through-opening 12a” of “pressure receiving plate 1” as shown in fig. 2(b) and fig. 6) (see “Even when the palpation pressing force is small, the top PA of the dome-shaped pressure receiving plate 1 is pushed back inward and deformed, and receives a pressure pulse wave in the deformed state. Therefore, the top PA” in para. [0010]),
the strain generating body 3 has a flat plate shape (see fig. 1(b) showing “pressure detecting element 3” having a flat plate shape), and
the pulse wave sensor PS is configured to detect a pulse wave based on a change in a resistance value (“electric signal”) of the resistor (“piezoelectric conversion means”) PE in response to a deformation (“bending”) of the strain generating body 1 (see “On the inner surface of the top portion PA of the pressure receiving plate 1, a pressure detecting element 3 constituted by a strain gauge is provided as a piezoelectric conversion means PE for converting the bending of the pressure receiving plate 1 into an electric signal. More specifically, the pressure detecting element 1 may be configured as a strain gauge circuit formed in a thin film by sputtering or the like or a minute strain gauge formed of a polyimide base film and a copper foil. Alternatively, a piezoelectric element may be used.” in para. [0008]).
Oshige does not teach the following:
a resin layer covering one surface of the strain generating body; and …
However, Koybayashi teaches the following:
a resin layer (“insulating resin”) 80 covering one surface of a strain generating body (“conductive resin”) 78 (see “In the above example, the conductive pads 22, 23 and piezoelectric element 30 were covered with two layers of resin, namely, the insulating resin 76 and the conductive resin 78; however, as is the case of the vibration waveform sensor 70A shown in FIG. 8 (C), for example, a three-layer structure may be adopted by providing a silicone or other insulating resin 80 in a manner covering the conductive resin 78 further.” in para. [0081]).
Thus, it would have been obvious for one of ordinary skill in the art at the time the present application was effectively filed to modify Oshige’s pulse wave sensor (“pressure pulse wave detector”) PS to include Koybayashi’s resin layer (“insulating resin”) 80 covering one surface of Oshige’s strain generating body (“pressure receiving plate”) 1, so that people having metal allergies can use Oshige’s pulse wave sensor (“pressure pulse wave detector”) PS and not come into contact with a metal surface of Oshige’s pulse wave sensor (“pressure pulse wave detector”) PS (see Koybayashi, “In this case, the conductive resin 78 is no longer contacted directly and thus it may contain metal grains without preventing the use of the sensor by persons allergic to metal.”, in para. [0081]).
Furthermore, Oshige in view of Koybayashi does not teach the following:
the strain gauge including a Cr mixed phase film as a resistor, …
However, Sato teaches the following:
a strain gauge (“strain gauge”) 1 including a Cr mixed phase film (“Cr composite film”) as a resistor (“resistor”) 30 (see “With reference to FIGS. 1 and 2, the strain gauge 1 includes a substrate 10, a resistor 30, and terminal sections 41, and an insulating resin layer 60.” in para. [0019]; and see “The resistor 30 can be formed of, for example, material including Cr (chromium); material including Ni (nickel); or material including both of Cr and Ni. In other words, the resistor 30 can be formed of material including at least one from among Cr and Ni. An example of the material including Cr includes a Cr composite film. An example of the material including nickel includes Cu—Ni (copper nickel). An example of the material including both of Cr and Ni includes Ni—Cr (nickel chromium).” in para. [0025]; and see “For example, when the resistor 30 is the Cr composite film, the resistor is formed with α-Cr (alpha-chromium) as the main component having a stable crystalline phase, so that stability of the gauge characteristics can be improved. Additionally, when the resistor 30 is formed with α-Cr as the main component, the gauge factor of the strain gauge 1 can be 10 or more, as well as a gauge factor temperature coefficient TCS and temperature coefficient of resistance TCR can be each in the range of from −1000 ppm/° C. to +1000 ppm/° C. Here, the basis means that a target substance has 50% by weight or more of total substances that constitute the resistor. The resistor 30 preferably includes α-Cr of 80% by weight or more, from the viewpoint of improving the gauge characteristics. Note that α-Cr is Cr having a bcc structure (body-centered cubic structure).” in para. [0028]).
Thus, it would have been obvious for one of ordinary skill in the art at the time the present application was effectively filed to modify Oshige’s strain gauge (“pressure detecting element”) 3 to include Sato’s Cr mixed phase film (“Cr composite film”) as a resistor (“resistor”) 30 because it is a mere substitution of one known element, i.e. Oshige’s strain gauge (“pressure detecting element”) 3, with another, i.e. strain gauge (“strain gauge”) 1 including a Cr mixed phase film (“Cr composite film”) as a resistor (“resistor”) 30, to yield the similar predictive result, i.e. improved strain gauge performance (see Sato, “For example, when the resistor 30 is the Cr composite film, the resistor is formed with α-Cr (alpha-chromium) as the main component having a stable crystalline phase, so that stability of the gauge characteristics can be improved. Additionally, when the resistor 30 is formed with α-Cr as the main component, the gauge factor of the strain gauge 1 can be 10 or more, as well as a gauge factor temperature coefficient TCS and temperature coefficient of resistance TCR can be each in the range of from −1000 ppm/° C. to +1000 ppm/° C. Here, the basis means that a target substance has 50% by weight or more of total substances that constitute the resistor. The resistor 30 preferably includes α-Cr of 80% by weight or more, from the viewpoint of improving the gauge characteristics. Note that α-Cr is Cr having a bcc structure (body-centered cubic structure).” in para. [0028])
13. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Oshige, JP Patent No. 2002-78689 A (“Oshige”), in view of Sato, U.S. Patent Application Publication No. 2022/0390301 A1 (“Sato”).
As to Claim 3, Oshige teaches the following:
A pulse wave sensor (“pressure pulse wave detector”) PS (see “As shown in FIG. 1, a pressure pulse wave detector PS has, as shown in FIG. 1, an outer periphery formed by opening an opening of a bottomed cylindrical support housing 2 having an outer diameter of about 5 mm to 10 mm.” in para. [0008], and see fig. 1), comprising:
a strain generating body (“pressure receiving plate”) 1 (see “It is formed in a dome shape having a convex curved surface, more specifically, in a substantially spherical shape, and covered with a pressure receiving plate 1. … Pressure plate 1 Is copper based such as 304 series, 306 series, 420 series SUS, oxygen-free copper, copper phosphate, beryllium copper, or 100 Materials such as aluminum of 0 series, 5000 series, and 6000 series are preferable from the viewpoint of moldability, safety to human body, and the like, and these materials are easily available. Dozens of μ of such material. … The pressure receiving plate 1 is supported so as to be able to bend by the action of an external force.” in para. [0008]) … ; and
a strain gauge (“pressure detecting element”) 3 provided on the strain generating body 1 (see “On the inner surface of the top portion PA of the pressure receiving plate 1, a pressure detecting element 3 constituted by a strain gauge is provided as a piezoelectric conversion means PE for converting the bending of the pressure receiving plate 1 into an electric signal. More specifically, the pressure detecting element 1 may be configured as a strain gauge circuit formed in a thin film by sputtering or the like or a minute strain gauge formed of a polyimide base film and a copper foil.” in para. [0009]) and …
wherein the strain generating body 1 includes:
a base portion (“support housing”) 2 (see “The inner space surrounded by the pressure receiving plate 1 and the support housing 2 is about several hundred μm in diameter in the support housing 2 or the pressure receiving plate 1 in order to fill an inert gas or to eliminate a pressure difference from an external pressure.” in para. [0009]) with a circular opening (“through-opening”) 12a (see “In the pressure receiving plate 12 of the fourth embodiment, a substantially fan-shaped through-opening 12a is radially arranged around the center position of the pressure-receiving plate 12.” in para. [0009]);
a beam portion (not labeled, see the beams in between “fan-shaped through-opening 12a” in fig. 6) bridging an inside of the base portion 2 (see fig. 6); and
a load portion (“pressing force”, not labeled, represented by arrows in fig. 2(b)) provided on the beam portion (see load, represented by arrows, provided on the “fan-shaped through-opening 12a” of “pressure receiving plate 1” as shown in fig. 2(b) and fig. 6) (see “Even when the palpation pressing force is small, the top PA of the dome-shaped pressure receiving plate 1 is pushed back inward and deformed, and receives a pressure pulse wave in the deformed state. Therefore, the top PA” in para. [0010]),
the strain generating body 3 has a flat plate shape (see fig. 1(b) showing “pressure detecting element 3” having a flat plate shape), and
the pulse wave sensor PS is configured to detect a pulse wave based on a change in a resistance value (“electric signal”) of the resistor (“piezoelectric conversion means”) PE in response to a deformation (“bending”) of the strain generating body 1 (see “On the inner surface of the top portion PA of the pressure receiving plate 1, a pressure detecting element 3 constituted by a strain gauge is provided as a piezoelectric conversion means PE for converting the bending of the pressure receiving plate 1 into an electric signal. More specifically, the pressure detecting element 1 may be configured as a strain gauge circuit formed in a thin film by sputtering or the like or a minute strain gauge formed of a polyimide base film and a copper foil. Alternatively, a piezoelectric element may be used.” in para. [0008]).
Oshige does not teach the following:
a strain generating body made of a nonmetallic material; and
a strain gauge … including a Cr mixed phase film as a resistor, …
However, Sato teaches the following:
a strain generating body (“insulating resin layer”) 60 made of a nonmetallic material (“thermoplastic polyimide layer”) (see “The insulating resin layer 60 is a thermoplastic polyimide layer. The thickness t of the insulating resin layer 60 (the thickness of a portion laminated on the resistor 30) is preferably 5 μm or more and 7 μm or less.” in para. [0031]); and
a strain gauge (“strain gauge”) 1 including a Cr mixed phase film (“Cr composite film”) as a resistor (“resistor”) 30 (see “With reference to FIGS. 1 and 2, the strain gauge 1 includes a substrate 10, a resistor 30, and terminal sections 41, and an insulating resin layer 60.” in para. [0019]; and see “The resistor 30 can be formed of, for example, material including Cr (chromium); material including Ni (nickel); or material including both of Cr and Ni. In other words, the resistor 30 can be formed of material including at least one from among Cr and Ni. An example of the material including Cr includes a Cr composite film. An example of the material including nickel includes Cu—Ni (copper nickel). An example of the material including both of Cr and Ni includes Ni—Cr (nickel chromium).” in para. [0025]; and see “For example, when the resistor 30 is the Cr composite film, the resistor is formed with α-Cr (alpha-chromium) as the main component having a stable crystalline phase, so that stability of the gauge characteristics can be improved. Additionally, when the resistor 30 is formed with α-Cr as the main component, the gauge factor of the strain gauge 1 can be 10 or more, as well as a gauge factor temperature coefficient TCS and temperature coefficient of resistance TCR can be each in the range of from −1000 ppm/° C. to +1000 ppm/° C. Here, the basis means that a target substance has 50% by weight or more of total substances that constitute the resistor. The resistor 30 preferably includes α-Cr of 80% by weight or more, from the viewpoint of improving the gauge characteristics. Note that α-Cr is Cr having a bcc structure (body-centered cubic structure).” in para. [0028]).
Thus, it would have been obvious for one of ordinary skill in the art at the time the present application was effectively filed to modify Oshige’s strain gauge (“pressure detecting element”) 3 to include Sato’s Cr mixed phase film (“Cr composite film”) as a resistor (“resistor”) 30 because it is a mere substitution of one known element, i.e. Oshige’s strain gauge (“pressure detecting element”) 3, with another, i.e. strain gauge (“strain gauge”) 1 including a Cr mixed phase film (“Cr composite film”) as a resistor (“resistor”) 30, to yield the similar predictive result, i.e. improved strain gauge performance (see Sato, “For example, when the resistor 30 is the Cr composite film, the resistor is formed with α-Cr (alpha-chromium) as the main component having a stable crystalline phase, so that stability of the gauge characteristics can be improved. Additionally, when the resistor 30 is formed with α-Cr as the main component, the gauge factor of the strain gauge 1 can be 10 or more, as well as a gauge factor temperature coefficient TCS and temperature coefficient of resistance TCR can be each in the range of from −1000 ppm/° C. to +1000 ppm/° C. Here, the basis means that a target substance has 50% by weight or more of total substances that constitute the resistor. The resistor 30 preferably includes α-Cr of 80% by weight or more, from the viewpoint of improving the gauge characteristics. Note that α-Cr is Cr having a bcc structure (body-centered cubic structure).” in para. [0028]).
14. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Oshige in view of Sato, as applied to claim 3 above, and further in view of Koybayashi.
As to Claim 4, Oshige in view of Sato teaches the subject matter of claim 3 above. In addition, Oshige teaches the following:
wherein the strain gauge (“pressure detecting element”) 3 provided on the other surface (“inner surface”, not labeled) of the strain generating body 1 (see “On the inner surface of the top portion PA of the pressure receiving plate 1, a pressure detecting element 3 constituted by a strain gauge is provided as a piezoelectric conversion means PE for converting the bending of the pressure receiving plate 1 into an electric signal. More specifically, the pressure detecting element 1 may be configured as a strain gauge circuit formed in a thin film by sputtering or the like or a minute strain gauge formed of a polyimide base film and a copper foil.” in para. [0009]) positioned on a side opposite to the one surface (see the inner and outer surfaces of “pressure receiving plate 1” in fig. 1).
Oshige in view of Sato does not teach the following:
a resin layer covering one surface of the strain generating body,
However, Koybayashi teaches the following:
a resin layer (“insulating resin”) 80 covering one surface of a strain generating body (“conductive resin”) 78 (see “In the above example, the conductive pads 22, 23 and piezoelectric element 30 were covered with two layers of resin, namely, the insulating resin 76 and the conductive resin 78; however, as is the case of the vibration waveform sensor 70A shown in FIG. 8 (C), for example, a three-layer structure may be adopted by providing a silicone or other insulating resin 80 in a manner covering the conductive resin 78 further.” in para. [0081]).
Thus, it would have been obvious for one of ordinary skill in the art at the time the present application was effectively filed to modify Oshige’s pulse wave sensor (“pressure pulse wave detector”) PS to include Koybayashi’s resin layer (“insulating resin”) 80 covering one surface of Oshige’s strain generating body (“pressure receiving plate”) 1, so that people having metal allergies can use Oshige’s pulse wave sensor (“pressure pulse wave detector”) PS and not come into contact with a metal surface of Oshige’s pulse wave sensor (“pressure pulse wave detector”) PS (see Koybayashi, “In this case, the conductive resin 78 is no longer contacted directly and thus it may contain metal grains without preventing the use of the sensor by persons allergic to metal.”, in para. [0081]).
Allowable Subject Matter
15. Claims 1 and 5-11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112, set forth in this Office Action.
16. The following is a statement of reasons for the indication of allowable subject matter:
As to Claim 1 and 5-11, Oshige teaches the following:
A pulse wave sensor (“pressure pulse wave detector”) PS (see “As shown in FIG. 1, a pressure pulse wave detector PS has, as shown in FIG. 1, an outer periphery formed by opening an opening of a bottomed cylindrical support housing 2 having an outer diameter of about 5 mm to 10 mm.” in para. [0008], and see fig. 1), comprising:
a strain generating body (“pressure receiving plate”) 1 (see “It is formed in a dome shape having a convex curved surface, more specifically, in a substantially spherical shape, and covered with a pressure receiving plate 1. … Pressure plate 1 Is copper based such as 304 series, 306 series, 420 series SUS, oxygen-free copper, copper phosphate, beryllium copper, or 100 Materials such as aluminum of 0 series, 5000 series, and 6000 series are preferable from the viewpoint of moldability, safety to human body, and the like, and these materials are easily available. Dozens of μ of such material. … The pressure receiving plate 1 is supported so as to be able to bend by the action of an external force.” in para. [0008]);
…
a strain gauge (“pressure detecting element”) 3 provided on the other surface (“inner surface”, not labeled) of the strain generating body 1 (see “On the inner surface of the top portion PA of the pressure receiving plate 1, a pressure detecting element 3 constituted by a strain gauge is provided as a piezoelectric conversion means PE for converting the bending of the pressure receiving plate 1 into an electric signal. More specifically, the pressure detecting element 1 may be configured as a strain gauge circuit formed in a thin film by sputtering or the like or a minute strain gauge formed of a polyimide base film and a copper foil.” in para. [0009]) positioned on a side opposite to the one surface (see the inner and outer surfaces of “pressure receiving plate 1” in fig. 1), …
…
the pulse wave sensor PS is configured to detect a pulse wave based on a change in a resistance value (“electric signal”) of the resistor (“piezoelectric conversion means”) PE in response to a deformation (“bending”) of the strain generating body 1 (see “On the inner surface of the top portion PA of the pressure receiving plate 1, a pressure detecting element 3 constituted by a strain gauge is provided as a piezoelectric conversion means PE for converting the bending of the pressure receiving plate 1 into an electric signal. More specifically, the pressure detecting element 1 may be configured as a strain gauge circuit formed in a thin film by sputtering or the like or a minute strain gauge formed of a polyimide base film and a copper foil. Alternatively, a piezoelectric element may be used.” in para. [0008]).
Oshige does not teach the following:
a resin layer covering one surface of the strain generating body; and …
Koybayashi teaches the following:
a resin layer (“insulating resin”) 80 covering one surface of a strain generating body (“conductive resin”) 78 (see “In the above example, the conductive pads 22, 23 and piezoelectric element 30 were covered with two layers of resin, namely, the insulating resin 76 and the conductive resin 78; however, as is the case of the vibration waveform sensor 70A shown in FIG. 8 (C), for example, a three-layer structure may be adopted by providing a silicone or other insulating resin 80 in a manner covering the conductive resin 78 further.” in para. [0081]).
Thus, it would have been obvious for one of ordinary skill in the art at the time the present application was effectively filed to modify Oshige’s pulse wave sensor (“pressure pulse wave detector”) PS to include Koybayashi’s resin layer (“insulating resin”) 80 covering one surface of Oshige’s strain generating body (“pressure receiving plate”) 1, so that people having metal allergies can use Oshige’s pulse wave sensor (“pressure pulse wave detector”) PS and not come into contact with a metal surface of Oshige’s pulse wave sensor (“pressure pulse wave detector”) PS (see Koybayashi, “In this case, the conductive resin 78 is no longer contacted directly and thus it may contain metal grains without preventing the use of the sensor by persons allergic to metal.”, in para. [0081]).
Furthermore, Oshige in view of Koybayashi does not teach the following:
the strain gauge including a Cr mixed phase film as a resistor, …
Sato teaches the following:
a strain gauge (“strain gauge”) 1 including a Cr mixed phase film (“Cr composite film”) as a resistor (“resistor”) 30 (see “With reference to FIGS. 1 and 2, the strain gauge 1 includes a substrate 10, a resistor 30, and terminal sections 41, and an insulating resin layer 60.” in para. [0019]; and see “The resistor 30 can be formed of, for example, material including Cr (chromium); material including Ni (nickel); or material including both of Cr and Ni. In other words, the resistor 30 can be formed of material including at least one from among Cr and Ni. An example of the material including Cr includes a Cr composite film. An example of the material including nickel includes Cu—Ni (copper nickel). An example of the material including both of Cr and Ni includes Ni—Cr (nickel chromium).” in para. [0025]; and see “For example, when the resistor 30 is the Cr composite film, the resistor is formed with α-Cr (alpha-chromium) as the main component having a stable crystalline phase, so that stability of the gauge characteristics can be improved. Additionally, when the resistor 30 is formed with α-Cr as the main component, the gauge factor of the strain gauge 1 can be 10 or more, as well as a gauge factor temperature coefficient TCS and temperature coefficient of resistance TCR can be each in the range of from −1000 ppm/° C. to +1000 ppm/° C. Here, the basis means that a target substance has 50% by weight or more of total substances that constitute the resistor. The resistor 30 preferably includes α-Cr of 80% by weight or more, from the viewpoint of improving the gauge characteristics. Note that α-Cr is Cr having a bcc structure (body-centered cubic structure).” in para. [0028]).
Thus, it would have been obvious for one of ordinary skill in the art at the time the present application was effectively filed to modify Oshige’s strain gauge (“pressure detecting element”) 3 to include Sato’s Cr mixed phase film (“Cr composite film”) as a resistor (“resistor”) 30 because it is a mere substitution of one known element, i.e. Oshige’s strain gauge (“pressure detecting element”) 3, with another, i.e. strain gauge (“strain gauge”) 1 including a Cr mixed phase film (“Cr composite film”) as a resistor (“resistor”) 30, to yield the similar predictive result, i.e. improved strain gauge performance (see Sato, “For example, when the resistor 30 is the Cr composite film, the resistor is formed with α-Cr (alpha-chromium) as the main component having a stable crystalline phase, so that stability of the gauge characteristics can be improved. Additionally, when the resistor 30 is formed with α-Cr as the main component, the gauge factor of the strain gauge 1 can be 10 or more, as well as a gauge factor temperature coefficient TCS and temperature coefficient of resistance TCR can be each in the range of from −1000 ppm/° C. to +1000 ppm/° C. Here, the basis means that a target substance has 50% by weight or more of total substances that constitute the resistor. The resistor 30 preferably includes α-Cr of 80% by weight or more, from the viewpoint of improving the gauge characteristics. Note that α-Cr is Cr having a bcc structure (body-centered cubic structure).” in para. [0028])
However, neither Oshige, Koybayashi, Sato, nor the prior art of record teaches the pulse wave sensor of base claim 1, including the following, in combination with all other limitations of the base claim:
wherein where a diameter of the circular opening is d [mm] and a thickness of the strain generating body is t [mm],
when a material of the strain generating body is SUS and d is 32, a required range of t is 0.059≤t≤0.124,
when the material is SUS and d is 22, a required range of t is 0.046≤t≤0.099,
when the material is SUS and d is 13, a required range of t is 0.030≤t≤0.067,
when the material is SUS and d is 7, a required range of t is 0.026≤t≤0.034,
when the material is copper and d is 32, a required range of t is 0.084≤t≤0.166,
when the material is copper and d is 22, a required range of t is 0.066≤t≤0.132,
when the material is copper and d is 13, a required range of t is 0.044≤t≤0.088,
when the material is copper and d is 7, a required range of t is 0.032≤t≤0.050,
when the material is aluminum and d is 32, a required range of t is 0.097≤t≤0.212,
when the material is aluminum and d is 22, a required range of t is 0.079≤t≤0.168,
when the material is aluminum and d is 13, a required range of t is 0.050<t<0.107,
when the material is aluminum and d is 7, a required range of t is 0.038<t<0.063,
…
Conclusion
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/NAVIN NATNITHITHADHA/Primary Examiner, Art Unit 3791 07/25/2026
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